Studies in the History of Law and Justice

Historians as Expert Judicial Witnesses in Tobacco Litigation

A Controversial Legal Practice

Authors: Delafontaine, Ramses

  • Introduces the practice of expert witnessing by historians on both a theoretical and practical level
  • Features an exceptional number of court cases, including recent tobacco litigation in the United States
  • Offers several striking reflections on the forensic context of history and argues in favour of its continued application
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eBook $139.00
price for USA (gross)
  • ISBN 978-3-319-14292-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-14291-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 4, 2016
  • ISBN 978-3-319-38309-5
  • Free shipping for individuals worldwide
About this book

Historian Ramses Delafontaine presents an engaging examination of a controversial legal practice: the historian as an expert judicial witness. This book focuses on tobacco litigation in the U.S. wherein 50 historians have witnessed in 314 court cases from 1986 to 2014. The author examines the use of historical arguments in court and investigates how a legal context influences historical narratives and discourse in forensic history. Delafontaine asserts that the courtroom is a performative and fact-making theatre. Nonetheless, he argues that the civic responsibility of the historian should not end at the threshold of the courtroom where history and truth hang in the balance.

The book is divided into three parts featuring an impressive range of European and American case studies. The first part provides a theoretical framework on the issues which arise when history and law interact. The second part gives a comparative overview of European and American examples of forensic history. This part also reviews U.S. legal rules and case law on expert evidence, as well as extralegal challenges historians face as experts. The third part covers a series of tobacco-related trials. With remunerations as high as hundreds of thousands of dollars and no peer-reviewed publications or communication on the part of the historians hired by the tobacco companies the question arises whether some historians are willing to trade their reputation and that of their university for the benefit of an interested party. The book further provides 50 expert profiles of the historians active in tobacco litigation, lists detailing the manner of the expert’s involvement, and West Law references to these cases.

This book offers profound and thought-provoking insights on the post-war forensification of history from an interdisciplinary perspective. In this way, Delafontaine makes a stirring call for debate on the contemporary engagement of historians as expert judicial witnesses in U.S. tobacco litigation.

Reviews

“Delafontaine book, apart from providing a useful addition to scholarship on the tobacco debate, makes a number of insightful observations about the need for historians to engage constructively with historiographic questions and the development of professional standards, if they are to fulfil their legitimate roles as expert witnesses.” (David Mercer, Metascience, Vol. 25 (3), November, 2016)


Table of contents (18 chapters)

  • General Introduction

    Delafontaine, Ramses

    Pages 1-5

  • Introductory Theoretical Remarks on the Alleged Problematic Nature of the Interaction of History and Law

    Delafontaine, Ramses

    Pages 9-13

  • Clio’s Modern Paradox Unraveled

    Delafontaine, Ramses

    Pages 15-27

  • Introduction Part II

    Delafontaine, Ramses

    Pages 31-33

  • Modern Interactions of Law and History

    Delafontaine, Ramses

    Pages 35-43

Buy this book

eBook $139.00
price for USA (gross)
  • ISBN 978-3-319-14292-0
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $179.00
price for USA
  • ISBN 978-3-319-14291-3
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $179.00
price for USA
  • Customers within the U.S. and Canada please contact Customer Service at 1-800-777-4643, Latin America please contact us at +1-212-460-1500 (Weekdays 8:30am – 5:30pm ET) to place your order.
  • Due: November 4, 2016
  • ISBN 978-3-319-38309-5
  • Free shipping for individuals worldwide
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Bibliographic Information

Bibliographic Information
Book Title
Historians as Expert Judicial Witnesses in Tobacco Litigation
Book Subtitle
A Controversial Legal Practice
Authors
Series Title
Studies in the History of Law and Justice
Series Volume
4
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-14292-0
DOI
10.1007/978-3-319-14292-0
Hardcover ISBN
978-3-319-14291-3
Softcover ISBN
978-3-319-38309-5
Series ISSN
2198-9842
Edition Number
1
Number of Pages
XXV, 453
Number of Illustrations and Tables
3 b/w illustrations, 2 illustrations in colour
Topics