A Treatise On Presumptions Of Law And Fact: With The Theory And Rules Of Presumptive Or Circumstantial Proof In Criminal Cases

A Treatise On Presumptions Of Law And Fact: With The Theory And Rules Of Presumptive Or Circumstantial Proof In Criminal Cases by William Mawdesley Best presents a rigorous nineteenth-century analysis of presumptions used in English law. It distinguishes knowledge from judgment, proof from evidence, and emphasizes that circumstantial evidence, when organized into a strong, independent chain, can be as persuasive as direct testimony. The work classifies presumptions into law (presumptiones juris et de jure), fact (presumptiones hominis), and mixed presumptions, and discusses legal fictions as artificial constructs employed to advance justice. It contrasts conclusive (irrebuttable) presumptions with rebuttable ones and explains how different presumptions carry varying weights, potentially shifting the burden of proof. The treatise surveys admissibility, the weighing of presumptive evidence, and the risks of overreliance on presumptive reasoning. It includes practical cautions, illustrative cases, and notes on how judges and juries should handle presumptions in relation to corpus delicti, motives, means, opportunities, and post-criminal conduct. The work ultimately aims to provide a coherent framework for evaluating presumptions within civil and criminal contexts, with classical authorities cited throughout. Read more