Excerpt from The Theory and Practice of the Law of Evidence Pedigree, or Reputation as to Public and General Rights and the same is true of other titles. Special pains have been taken to present these more difficult parts of the subject in a clear and intelligible form. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts. Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

Grounded in current knowledge and professional practice, this book provides up-to-date coverage of psychometric theory, methods, and interpretation of results. Essential topics include measurement and statistical concepts, scaling models, test design and development, reliability, validity, factor analysis, item response theory, and generalizability theory. Also addressed are norming and test equating, topics not typically covered in traditional psychometrics texts. Examples drawn from a dataset on intelligence testing are used throughout the book, elucidating the assumptions underlying particular methods and providing SPSS (or alternative) syntax for conducting analyses. The companion website presents datasets for all examples as well as PowerPoint slides of figures and key concepts. Pedagogical features include equation boxes with explanations of statistical notation, and end-of-chapter glossaries. The Appendix offers extensions of the topical chapters with example source code from SAS, SPSS, IRTPRO, BILOG-MG, PARSCALE, TESTFACT, and DIMTEST.

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