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Publication Date

1969

Abstract

THE first reasoned analysis of the law of evidence is attributed by Wigmore to Evans' 1806 Notes to Pothier on Obligations.' This drew attention to the reasons for evidentiary rules and to the existence of a set of principles underlying them. Later Bentham's writings emphasized needed changes.Some years thereafter an able Georgia judge criticized certain aspects of evidence law. Joseph Henry Lump- kin said: "I have long been satisfied that we are too hide-bound and restricted in our practice, with regard to the admissibility of evidence." In a later opinion he added:

Truth, common sense, and enlightened reason, alike demand the abolition of all those artificial rules which shut out any fact from the jury, however remotely relevant, or from whatever source derived, which would assist them in coming to a satisfactory verdict.

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Evidence Commons

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