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Natural Logic, Judicial Proof and Objective Facts

By W A N Wells

CONTENTS

"For the advocate the task is to see the entire tableau in advance so that the court can be persuaded that a particular bit of evidence is relevant and probative. Wells counsels against looking at the part without regard to the whole: the proper approach is to assess the part within the whole. ...

Here is a monograph penned to stamp out the effects of too much distilling, too much cutting and paring. Its argument should delight every magistrate, every first instance trial judge, every advocate who sees the light of the law in the facts. It should give a well earned headache to every practitioner who jumps in too early to conclusions or who likes to fit the facts to the principles instead of the other way around. ...

To do Wells justice would require a long piece - and his monograph is a short, but fascinating work. Take the time to read it ..."
Hugh Selby


CONTENTS

Introduction
The nature and foundations of judicial proof
"Reality"
Simple and complex facts
The High Court’s methods of dealing with questions about relevance and the proposed use of evidence/ The Chamberlain case and its cult of "the Chamberlain direction"
Suggested form of direction
Summary
   

Published June 1995
Publisher The Federation Press
Hardback/96pp
ISBN 9781862871502
Australian RRP $55.00
International Price $49.50
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Law - Evidence


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