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      Bentham’s Theory of Evidence: Setting a Context 1

      , 1

      Journal of Bentham Studies

      UCL Press

      Bentham, evidence, legal studies, jurisprudence, J. B. Thayer, J. H. Wigmore

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          Abstract

          Bentham’s massive writings on evidence, procedure and judicial organisation (EPJ) survive in over 13,000 pages of manuscript in addition to 15–20 published works, for some of which full manuscripts no longer survive. These are all quite closely linked. In order to start to understand the Rationale of Judicial Evidence it is useful to consider it in three broad contexts: Bentham’s other works in addition to those on EPJ, especially those works on the pannomion and the constitutional writings; attempts to construct a ‘theory of (judicial) evidence’ in the Anglo-American tradition of common law, especially those of J. B. Thayer and J. H. Wigmore; and recent efforts at UCL and elsewhere to develop evidence as a distinct multi-disciplinary field.

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          Most cited references 4

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          ‘The American Law Institute Code of Evidence: A Dissent’

           John Wigmore, (1942)
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            ‘The Rationale of Judicial Evidence, Specially Applied to English Practice’

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              ‘One Hundred Years of Evidence Law Reform: Thayer’s Triumph’

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                Author and article information

                Contributors
                Journal
                jbs
                jbs
                Journal of Bentham Studies
                JBS
                UCL Press
                2045-757X
                12 July 2019
                : 18
                : 1
                : 20-37
                Affiliations
                1University College London, UK
                Article
                10.14324/111.2045-757X.047
                Copyright © 2019, The Author(s).

                This work is licensed under a Creative Commons Attribution 4.0. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/

                Page count
                Pages: 19
                Categories
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