John Henry Wigmore
Encyclopedia
John Henry Wigmore was a U.S.
jurist
and expert in the law of evidence. After teaching law at Keio University
in Tokyo
(1889–1892), he was the dean of Northwestern Law School (1901 to 1929). He is most known for his Treatise on the Anglo-American System of Evidence in Trials at Common Law (1904) and a graphical analysis method known as a Wigmore chart
.
and earned the degrees AB in 1883, AM in 1884, and LLB in 1887. Following his graduation, he practiced law in Boston
before being recruited as a foreign advisor
to Meiji period
Empire of Japan
, and was assigned to teach law at Keio University
in Tokyo
from 1889 through 1892.
in Edo period
Japan, which he edited and published as a series of papers while at Keio University. The collection of papers grew to 15 volumes under the collected title of Materials for the Study of Private Law in Old Japan before its completion in the mid-1930s.
and returned to the United States in 1893. He became the dean of Northwestern Law School from 1901 to 1929.
In the 1880s Wigmore was also a leader for election law reform issues such as the secret voting method
, and fair ballot access
laws. He was also a manager of the 1907-founded Comparative Law Bureau of the American Bar Association
, whose Annual Bulletin was the first comparative law
journal in the United States.
Although Wigmore's influence on the modern American law of evidence remains substantial, the primary modern doctrinal basis for the law of evidence in federal trials is the Federal Rules of Evidence
. Many states have evidence rules that are similar to those contained in the Federal Rules of Evidence
. Among other things, these rules hold that evidence inadvertently disclosed is fair game in court, even if that evidence should have been protected by attorney-client privilege. Under recent amendments to the Federal Rules of Civil Procedure
, so-called "clawback agreements," under which information inadvertently disclosed can be retrieved, and the privilege effectively restored, are expressly permitted. If both sides are willing to enter into such an agreement, the adverse consequences of inadvertent disclosure can be minimized. A "clawback agreement" is most effective if it signed before any inadvertent disclosure occurs.
He also developed a graphical method
for analysis of evidence known as the Wigmore chart
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurist
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
and expert in the law of evidence. After teaching law at Keio University
Keio University
,abbreviated as Keio or Keidai , is a Japanese university located in Minato, Tokyo. It is known as the oldest institute of higher education in Japan. Founder Fukuzawa Yukichi originally established it as a school for Western studies in 1858 in Edo . It has eleven campuses in Tokyo and Kanagawa...
in Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
(1889–1892), he was the dean of Northwestern Law School (1901 to 1929). He is most known for his Treatise on the Anglo-American System of Evidence in Trials at Common Law (1904) and a graphical analysis method known as a Wigmore chart
Wigmore chart
A Wigmore chart is a graphical method for the analysis of legal evidence in trials, developed by John Henry Wigmore. It is an early form of the modern belief network....
.
Personal life and education
Born in San Francisco, son of John and Harriet Joyner Wigmore, Wigmore attended Harvard UniversityHarvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
and earned the degrees AB in 1883, AM in 1884, and LLB in 1887. Following his graduation, he practiced law in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
before being recruited as a foreign advisor
O-yatoi gaikokujin
The Foreign government advisors in Meiji Japan, known in Japanese as oyatoi gaikokujin , were those foreign advisors hired by the Japanese government for their specialized knowledge to assist in the modernization of Japan at the end of the Bakufu and during the Meiji era. The term is sometimes...
to Meiji period
Meiji period
The , also known as the Meiji era, is a Japanese era which extended from September 1868 through July 1912. This period represents the first half of the Empire of Japan.- Meiji Restoration and the emperor :...
Empire of Japan
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...
, and was assigned to teach law at Keio University
Keio University
,abbreviated as Keio or Keidai , is a Japanese university located in Minato, Tokyo. It is known as the oldest institute of higher education in Japan. Founder Fukuzawa Yukichi originally established it as a school for Western studies in 1858 in Edo . It has eleven campuses in Tokyo and Kanagawa...
in Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
from 1889 through 1892.
Keio University
Wigmore's lasting influence is hard to measure in the evolution of legal systems in Japan and the United States. A major legacy of his time in Japan was the beginning of detailed study of the laws of the Tokugawa shogunateTokugawa shogunate
The Tokugawa shogunate, also known as the and the , was a feudal regime of Japan established by Tokugawa Ieyasu and ruled by the shoguns of the Tokugawa family. This period is known as the Edo period and gets its name from the capital city, Edo, which is now called Tokyo, after the name was...
in Edo period
Edo period
The , or , is a division of Japanese history which was ruled by the shoguns of the Tokugawa family, running from 1603 to 1868. The political entity of this period was the Tokugawa shogunate....
Japan, which he edited and published as a series of papers while at Keio University. The collection of papers grew to 15 volumes under the collected title of Materials for the Study of Private Law in Old Japan before its completion in the mid-1930s.
Northwestern University
Wigmore accepted a post at Northwestern UniversityNorthwestern University
Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees....
and returned to the United States in 1893. He became the dean of Northwestern Law School from 1901 to 1929.
In the 1880s Wigmore was also a leader for election law reform issues such as the secret voting method
Secret ballot
The secret ballot is a voting method in which a voter's choices in an election or a referendum are anonymous. The key aim is to ensure the voter records a sincere choice by forestalling attempts to influence the voter by intimidation or bribery. The system is one means of achieving the goal of...
, and fair ballot access
Ballot access
Ballot access rules, called nomination rules outside the United States, regulate the conditions under which a candidate or political party is either entitled to stand for election or to appear on voters' ballots...
laws. He was also a manager of the 1907-founded Comparative Law Bureau of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, whose Annual Bulletin was the first comparative law
Comparative law
Comparative law is the study of differences and similarities between the law of different countries. More specifically, it involves study of the different legal systems in existence in the world, including the common law, the civil law, socialist law, Islamic law, Hindu law, and Chinese law...
journal in the United States.
Wigmore on Evidence
In 1904 he published his most famous work, Treatise on the Anglo-American System of Evidence in Trials at Common Law (usually known as Wigmore on Evidence or just Wigmore), an encyclopedic survey of the development of the law of evidence.Although Wigmore's influence on the modern American law of evidence remains substantial, the primary modern doctrinal basis for the law of evidence in federal trials is the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
. Many states have evidence rules that are similar to those contained in the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
. Among other things, these rules hold that evidence inadvertently disclosed is fair game in court, even if that evidence should have been protected by attorney-client privilege. Under recent amendments to the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, so-called "clawback agreements," under which information inadvertently disclosed can be retrieved, and the privilege effectively restored, are expressly permitted. If both sides are willing to enter into such an agreement, the adverse consequences of inadvertent disclosure can be minimized. A "clawback agreement" is most effective if it signed before any inadvertent disclosure occurs.
He also developed a graphical method
Information graphics
Information graphics or infographics are graphic visual representations of information, data or knowledge. These graphics present complex information quickly and clearly, such as in signs, maps, journalism, technical writing, and education...
for analysis of evidence known as the Wigmore chart
Wigmore chart
A Wigmore chart is a graphical method for the analysis of legal evidence in trials, developed by John Henry Wigmore. It is an early form of the modern belief network....
.
Select works
- 1891 -- Notes on Land Tenure and Local Institutions in Old Japan: Posthumous Papers of D. B. Simmons (John Henry Wigmore, editor). Tokyo: Asiatic Society of Japan. [reprinted by University Publications of America, 1979. 10-ISBN 0-890-93223-9; 13-ISBN 978-0-890-93223-0; OCLC 5622796
- 1892 -- Materials for the Study of Private Law in Old Japan. Tokyo: Asiatic Society of Japan. OCLC 26107737
- 1976 -- Law & Justice in Tokugawa Japan: Contract, Legal Precedents. New York: Columbia University PressColumbia University PressColumbia University Press is a university press based in New York City, and affiliated with Columbia University. It is currently directed by James D. Jordan and publishes titles in the humanities and sciences, including the fields of literary and cultural studies, history, social work, sociology,...
. 10-ISBN 0-860-08166-4: 13-ISBN 978-0-860-08166-1 - 1985 -- Law and Justice in Tokugawa Japan: Contract, Commercial Customary Law. Tokyo: University of Tokyo PressUniversity of Tokyo PressThe is a university press affiliated with the University of Tokyo in Japan. It was founded in 1951, following the post-World War II reorganization of the university.-Location:...
. 10-ISBN 0-860-08375-6; 13-ISBN 978-0-860-08375-7 - 1986 -- Law and Justice in Tokugawa Japan: Materials for the History of Japanese Law and Justice Under the Tokugawa Shogunate 1603-1867. Tokyo: University of Tokyo Press. 10-ISBN 0-860-08396-9; 13-ISBN 978-0-860-08396-2