ABSTRACT

The value of the Law of Evidence is likely to already be apparent to those who find themselves reading this chapter. Its merit has previously been considered in the influential works of others. Perhaps the most important catalyst of the movement to rethink “evidence”, however, is William Twining, who provided five headings under which to consider the importance of evidence, proof and fact-finding. The breadth of the topics covered, as well as the significant variation in the historical and political origins of a shared common law heritage, leads to what we hope is a useful resource for Evidence teachers and an interesting read for Evidence scholars and students. The modern academic field of Evidence features a movement that reacts against courts’, lawyers’ and teachers’ focus on the rules of evidence.