The Development Of The Criminal Law Of Evidence In The Netherlands France And Germany Between 1750 And 1870

The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

This book describes the development of the criminal law of evidence in the Netherlands, France and Germany between 1750 and 1870. In this period the development occurred that the so-called system of legal proofs was replaced with the (largely) free evaluation of the evidence. The system of legal proofs, which had functioned since the late middle ages, consisted of a set of strict evidentiary rules which predetermined when a judge could convict someone. In this book an explanation is given of the question why between 1750 and 1870 the strict evidentiary rules were replaced with the free evaluation of the evidence. The thesis of this research is that the reform was induced by a change in the underlying epistemological and political-constitutional discourses which together provided the ideas which inspired a significant reform of the criminal law of evidence.

Proof

'Profound and utterly absorbing. Kucharski elegantly explores how proof is not just a mathematical concept but a vital tool in decision-making, justice, and survival' CHRIS VAN TULLEKEN How far would you go in your search for certainty? And once you get there, how do you convince others? From the medieval Islamic world to the recent pandemic, scientific progress has relied on different methods of establishing fact from fiction. Today, in the face of ever-increasing disinformation, how we prove things - to ourselves and others - has never felt more urgent. But there is far more to proof than axioms, theories and scientific laws: when demonstrating that an experimental medical treatment works, persuading a jury of someone's guilt, or deciding whether to trust a new type of financial transaction, weighing up evidence is rarely simple. Bestselling author, statistician and epidemiologist Adam Kucharski ranges across science, politics, philosophy and economics to explore how truth emerges - and why it falters.

The Development of the Criminal Law of Evidence in the Netherlands, France and Germany Between 1750 and 1870