2007Unpublished venueRequires access

Enlightenment of Evidence Law Theory: Geoffrey Gilbert's Thoughts of Evidence Law.

WU Dan-hon

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Abstract

In the history of evidence law, Geoffrey Gilbert contributed a lot with his original works to its independence. Based on empirical philosophy, his evidence law system emerged as the van guard of evidence rules in the Anglo-American law family. His thoughts, when examined in the background of knowledge sociology, have bearing on the then current scientific naturalism and the evolution of litigation system. This is the reason why his theory is explorative in nature while retaining the prints of the time. We can expect much inspiration from the two sides of his theory when we are rethinking the theoretical foundation of Anglo-American evidence rules and doing rational research into Chinese legislation of evidence law and relevant academic works.

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In the history of evidence law, Geoffrey Gilbert contributed a lot with his original works to its independence. Based on empirical philosophy, his evidence law system emerged as the van guard of evidence rules in the Anglo-American law family. His thoughts, when examined in the background of knowledge sociology, have bearing on the then current scientific naturalism and the evolution of litigation system. This is the reason why his theory is explorative in nature while retaining the prints of the time. We can expect much inspiration from the two sides of his theory when we are rethinking the theoretical foundation of Anglo-American evidence rules and doing rational research into Chinese legislation of evidence law and relevant academic works.

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Available abstract

In the history of evidence law, Geoffrey Gilbert contributed a lot with his original works to its independence. Based on empirical philosophy, his evidence law system emerged as the van guard of evidence rules in the Anglo-American law family. His thoughts, when examined in the background of knowledge sociology, have bearing on the then current scientific naturalism and the evolution of litigation system. This is the reason why his theory is explorative in nature while retaining the prints of the time. We can expect much inspiration from the two sides of his theory when we are rethinking the theoretical foundation of Anglo-American evidence rules and doing rational research into Chinese legislation of evidence law and relevant academic works.

Key concepts: Law, Naturalism, Foundation (evidence), Empirical evidence, Philosophy of law, Epistemology, Enlightenment, Philosophy

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