Wigmore's Influence on Australian Evidence Law

E. & P. 2015, 19(1), 29-51

International Journal of Evidence & Proof

2015

The influence of Professor J.H. Wigmore on evidence law in Australia

Nigel Wilson

© 2015 Vathek Publishing

 

Subject: Criminal evidence

Keywords: Australia; Children; Competence; Confessions; Legal systems; Propensity; Witnesses

*29 Abstract

Professor John Henry Wigmore (1863-1943) was an immensely significant international jurist. Much has been written about his accomplishments and scholarship and his influence on Anglo-American jurisprudence. His influence on Australian law has also been extensive. It has been his influence upon Australian evidence law and scholarship where his impact has been felt most and where his legacy continues. This article analyses the influence of Wigmore on Australian evidence lawand scholarship over the last century. 2014 marks the 110th anniversary of Wigmore's remarkable Treatise on Evidence, which has had enormous impact on Australian evidence law jurisprudence and scholarship and immense significance in the common law world. Wigmore's enduring legacies in Australia are the pre-eminence and breadth of his scholarship and the clarity, consistency and considered nature of his analysis of evidential principles. It is anticipated that his influence will continue unabated in evidence cases of significance in Australian courts and in evidence law reform and remain a powerful guiding force on Australian evidence scholarship in the 21st century.

Keywords

Australia, courts, evidence, High Court of Australia, Professor J.H. Wigmore