Admissibility in Roman-Canon Procedure: The Emergence of the Law of Positions

William Sullivan
This dissertation studies the circumstances under which explicit norms of evidentiary admissibility were adopted in twelfth- and thirteenth-century Roman-canon procedure. I demonstrate that norms of admissibility arose in two areas: the law of positions and the law of witnesses. I argue that these norms first emerged in Roman-canon procedure to mitigate the problems caused by shifting a measure of control over examination of parties and witnesses from the adjudicator to the parties themselves. I focus...
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