Evidence and Proof in Scotland

Donald Nicolson (OBE, BA, LLB, Phd) is Professor in the School of Law and Director of the Essex Law Clinic at the University of Essex. Donald currently teaches jurisprudence and law clinc modules. He has co-authored a book on lawyers’ ethics, co-edited books on affirmative action and criminal law, and published over 40 articles on clinical education, evidence theory, gender and adjudication. In 2011 he was awarded an OBE for his law clinic work.

Practising lawyers know that the facts of a case are often of greater importance in determining its outcome than is the law, yet this insight is often neglected in Evidence scholarship. In focussing on how facts are dealt with in legal processes, Professor Nicolson offers fresh and fascinating perspectives.

• Preface1. Introduction: Facts in Law2. The Theoretical Context: Truth, Reason and Justice3. The Procedural Context: Truth, Justice and Institutional Design4. The Sociological Context: Truth, Justice and Institutional Practices5. The Scientific Context: Truth, Reason and Expertise6. The Psychological Context I: Witnesses and Truth7. The Psychological Context II: Reason, Narrative and ProofAfterword