证据法、诉讼法和实体法的关系?

我昨天给大家概述了证据法的许多基础性问题,这些问题是构建一部理性证据法所需考虑和安置的问题。今天,我将通过对证据法、诉讼法与实体法之间关系的考察,对昨天简要触及的一些问题做深入讲解。     

Of caterpillars and butterflies: The introduction of metamorphosis at the UWA law school

CENTRAL ISSUES IN JURISPRUDENCE: JUSTICE, LAW AND RIGHTS By Nigel E. Simmonds [Sweet and Maxwell, 2002, 2nd ed., 338 pp., £16.95 (paperback)]

JUSTICE, HUMANITY AND THE NEW WORLD ORDER By Ian Ward [Ashgate, 2003, 192 pp., £50 (hardback)]

CONSTITUTIONAL LAW OF THE EUROPEAN UNION By Sionaidh Douglas Scott [Longman, 2002, xlx + 533 pp., £29.99 (paperback)]

THE ENGLISH LEGAL PROCESS By Terence Ingman [Oxford University Press, 2002, 9th ed., 624 pp., £19.99 (paperback)]

SMITH, BAILEY &; GUNN ON THE MODERN ENGLISH LEGAL SYSTEM By S. H. Bailey, J. P. L. Ching, M. J. Gunn and D. C. Ormerod [Sweet and Maxwell, 2002, 9th ed., 1,387 pp., £30.00 (paperback)]

A PRACTICAL GUIDE TO CIVIL LITIGATION By Robert Hill, Helen Wood and Suzanne Fine [Jordans, 2003, 571 pp., £45 (paperback)]

PARTNERSHIP LAW By G. Morse [Blackstone Press, 2001, 5th ed., 280 pp., £14.95 (paperback)]

EMPLOYMENT LAW By Malcolm Sargeant [Longman, 2003, 2nd ed., 499 pp., £26.99 (paperback)]

THE LAW OF CONTRACT By J. C. Smith [Sweet and Maxwell, 2002, 4th ed., 268 pp., £15.95 (paperback)]

CONTRACT LAW By Catherine Elliott and Frances Quinn [Pearson Education, 2003, 4th ed., 353 pp., £17.99 (paperback)]

AQA LAW IN FOCUS: AS LEVEL By Simon Jackson [Causeway Press, 2003, First impression, 233 pp., £12.95 (paperback)]

TORT LAW By Chris Turner [Hodder and Stoughton, 2003, 1st ed., 232 pp., £13.99 (paperback)]

LOOKING AT CRIMINAL LAW By Chris Turner [Hodder and Stoughton, 2003, 1st ed., 114 pp., £9.99 (paperback)]

CRIMINAL LAW By Alan Reed and Peter Seago [Sweet and Maxwell, 2002, 2nd ed., lvii + 597 pp., £22.95 (paperback)]

CRIMINAL LAW: DOCTRINE AND THEORY By William Wilson [Longman, 2003, 2nd ed., lii + 640 pp., £29.99 (paperback)]

BURGLARY By R. I. Mawby [Willan Publishing, 2001, x + 213 pp., £40.00 (hardback), £16.99 (paperback)]

INTELLECTUAL PROPERTY By David Bainbridge [Longman, 2002, 5th ed., 710 pp., £34.99 (paperback)]

PARRY AND CLARK: THE LAW OF SUCCESSION By Roger Kerridge Assisted by A. H. R. Brierley [Sweet and Maxwell, 2002, 11th ed., 671 pp., £29.95 (paperback)]

CONSTRUCTION LAW By John Uff [Sweet and Maxwell, 2002, 8th ed., 536 pp., £23.95 (paperback)]

WATER POLLUTION AND WATER QUALITY LAW By William Howarth and Donald McGillivray [Shaw and Son Publishers, 2001, 1212 pp., £85.00 (hardback)]

PROPERTY LAW By Roger J. Smith [Longman, 2003, 4th ed. lxviii + 617 pp., £29.99 (paperback)]

PROPERTY LAW: CASES AND MATERIALS By Roger J. Smith [Longman, 2003, 2nd ed. lv + 836 pp., £33.99 (paperback)]

HOUSING LAW CASEBOOK By Nic Madge [Legal Action Group, 2003, 3rd ed., 1,139 pp., £39.00 (paperback)]

LEGAL MATERIALS FOR SOCIAL WORKERS By Hugh Brayne and Graeme Broadbent [Oxford University Press, 2002, 522 pp., £24.99 (paperback)]     

The American Exclusionary Rule(s)

Yesterday I discussed with you certain aspects of constitutional adjudication in the United States,andI particularly focused on certain difficulties that beset constitutional interpretation.I did so in part in orderto lay the ground work for today′s lecture on the American Exclusionary Rule(s).When people from other coun-tries refer to theAmerican Exclusionary Rule,and I note I saidrulenotrule(s),they normally have in     

Identification of the skeletal remains of Josef Mengele by DNA analysis.

There has been considerable controversy over the identity of the skeletal remains exhumed in Brazil in 1985 and believed to be those of Dr Josef Mengele, the Auschwitz 'Angel of Death'. Bone DNA analysis was therefore conducted in an attempt to provide independent evidence of identity. Trace amounts of highly degraded human DNA were successfully extracted from the shaft of the femur. Despite the presence of a potent inhibitor of DNA amplification, microsatellite alleles could be reproducibly amplified from the femur DNA. Comparison of the femur DNA with DNA from Josef Mengele's son and wife revealed a bone genotype across 10 different loci fully compatible with paternity of Mengele's son. Less than 1 in 1800 Caucasian individuals unrelated to Mengele's son would by chance show full paternal inclusion. DNA analysis therefore provides very strong independent evidence that the remains exhumed from Brazil are indeed those of Josef Mengele.