9781859415276

Feminist Perspectives on Evidence

by ;
  • ISBN13:

    9781859415276

  • ISBN10:

    185941527X

  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 2000-12-19
  • Publisher: Routledge Caven
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Summary

Questions of evidence and proof are fundamental to the operation of substantive law and to our understanding of law as a social practice. The study of evidence involves issues of central concern to feminist scholars,including matters of epistemology, psychology, allocation of risk and responsibility. Debates about evidence, like debates about feminism, involve questioning ideas of rationality and truth, as well as claims to knowledge both by and about men and women. Social constructions of gender are reflected both explicitly and implicitly in evidential rules and in the way in which evidence is received and understood by judges, jurors and magistrates. Feminist evidence scholarship is a relatively new but rapidly developing field. This collection brings together previously unpublished work by feminist legal scholars from different jurisdictions. In these essays, they explore the contributions of feminist theory and methodology to the understanding of the law of evidence.

Table of Contents

The chapters look at
Feminist theory and the rationalist tradition of evidence scholarship
Witnesses and the adversarial system
Corroboration
Evidence in tribunal proceedings
Sexual history evidence in rape cases
Hearsay
The gendered nature of legal privileges
The influence of evidential rules in settlement before trial
The use of character evidence in criminal cases
Table of Contents provided by Publisher. All Rights Reserved.

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