Analogy and Exemplary Reasoning in Legal Discourse

doi:10.1515/9789048537143

2017

DOI: 10.1515/9789048537143

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Analogy and Exemplary Reasoning in Legal Discourse

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2022

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Here is a table: A prolegomenon to a future new evidence scholarship in Africa

Mosaka

2022

The International Journal of Evidence & Proof

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While it has revolutionised Evidence scholarship in the Euro-American world (mainly common law jurisdictions), the New Evidence Scholarship (‘NES’) movement is yet to arrive on African shores. African Evidence scholarship still largely reflects the relatively antiquated ‘golden age of doctrinal Evidence scholarship’, anchored by leading figures such as Bentham, Stephen, Thayer and Wigmore. This essay draws from the clarion call made historically by Biko and Sobukwe, among several other Africans, for Africa to avoid occupying a seat at a table that has already been set for it, typically in Europe. Africa approaches NES relatively late in the game, but it is contended in this essay that this presents the continent with an opportunity to draw insights from the developments of NES in the Euro-American world with a view of making its own contribution to this burgeoning field of scholarship. This essay suggests that the recognition of the special relativity of evidential proof may be a useful foundation for much broader theorising about evidence and proof in Africa. The essay concludes by using two models of proving the conduct and unlawfulness elements of the crime of corruption to illustrate the implications of this probative theory of special relativity.

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Here is a table: A prolegomenon to a future new evidence scholarship in Africa

Mosaka

2022

The International Journal of Evidence & Proof

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Analogy and Exemplary Reasoning in Legal Discourse

Cited by 1 publication

References 25 publications

Here is a table: A prolegomenon to a future new evidence scholarship in Africa

Here is a table: A prolegomenon to a future new evidence scholarship in Africa

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