A General Theory Of Evidence And Proof

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A General Theory Of Evidence And Proof

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Author : Kevin M. Clermont
language : en
Publisher: Springer Nature
Release Date : 2024-10-02

A General Theory Of Evidence And Proof written by Kevin M. Clermont and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-02 with Law categories.

This book reframes the fundamentals of decisionmaking under uncertainty. For almost a century, theorists have spoken of truth-finding in terms of probability. They have said things like some past fact was 51% certain or proclaimed that in a civil dispute a fact must be shown to exceed a 50% likelihood. But such talk is a misleading misconception. The reason is that traditional probability fails to distinguish epistemic uncertainty from aleatory uncertainty. This conflation leads to mistakes such as invoking probability’s product rules, which calculate a conjunction’s likelihood as being low. From there, the theorists have argued that in a myriad of ways, the law violates the probability calculus unforgivably. Today, other theorists are newly realizing that in large part the law does not deal in probability. They now can defend the way that law has found facts since long before the invention of probability and on to the present. They are also reevaluating such intuitive practices as those that humans use in daily life to combine inferences upon inferences. A hotly contested literature has emerged. In a significant, comprehensive, and original contribution, this book develops a theoretical justification for the intuitive approaches that humans deploy across a broad range of decisionmaking. Instead of probability, the book focuses on degrees of belief that estimate, given the state of the evidence, how far a proposition has been fully proven. Instead of combining findings by the rules of probability, the book uses the rules of multivalent logic. The aim is to illuminate decisionmaking outside statistical analysis, showing that our ancient wisdom is in fact theoretically solid. The target is everyone interested in improving decisionmaking.

Proof Evidence And Hate Crime

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Author : Tshepo Bogosi Mosaka
language : en
Publisher: Taylor & Francis
Release Date : 2025-07-18

Proof Evidence And Hate Crime written by Tshepo Bogosi Mosaka and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-18 with Law categories.

Proof is the property of a disputed fact being established inferentially from an extant fact. This book explicates the structural components of this phenomenon in the context of hate crimes across various jurisdictions around the world. It departs from the orthodox conception of evidence and proof as being a general, value-neutral (or non-normative) and epistemic subject, and offers a relativistic conception of this area of law. The core argument is that proof is both semantically and methodologically determined by three conditions of materiality, process and probativity. This argument is then justified by the context-specific application of this relativistic theory of proof to hate crimes. This theoretical application of proof is sustained throughout the book using multiple examples and illustrations of hate crimes around the world. The discussion, both at the level of proof and hate crimes, while focusing on the grounds of race, religion and ethnicity specifically, is framed in jurisprudential, cross-jurisdictional and interdisciplinary terms. The book will be of interest to academics and researchers working in the areas of criminal law, legal philosophy and procedural law.

An Introduction To Evidence Science

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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2025-04-02

An Introduction To Evidence Science written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-02 with Law categories.

The book discusses the subject and scope of evidence science and puts forward the new epistemological formula of "practice-evidence-knowledge-evidence-practice", which applies to the problem of evidence reasoning and knowledge acquisition that exist in different disciplines. Also, it demonstrates the history of evidence science and reveal the formation, development and maturing process of the traditional evidence theory, as well as the ideological origin and characteristics; clarifies the probabilistic path of judicial proof by probability theory of evidence. It introduces the theory of evidential reasoning, discusses the concept, nature and function the evidential reasoning through chart method, narrative method, the mixed methods and argumentation and story. It puts forward the basic principle in seeking for the truth through evidence-based decision-making. The game-theory rules and models are introduced, as well as the influencing factors of evidence-based decision-making such as fact, evidence, law and claims. It discusses the issues of evidential evaluation in both the general context and legal context, taking the decision-making activities as the frame of reference; discusses the trend of interdisciplinary development of narratology and the resulting “narrative turn” in evidence science through reviewing general theory of narratology. The book introduces the theory of evidential explanation. It analyses the relationships among fact, evidence and explanation from the perspective of hermeneutics; and theory of scientific evidence, discuss the effects of scientific evidence in judicial fact-finding. This book is the research results of the "Evidence Science Theory System and Applied Research" project, which established in 2006 and, after 13 years, has taken a significant first step in the field of a broadly defined evidence science on the basis of a less expansive research endeavor aimed at integrating evidence law and forensic science.

The Great Juristic Bazaar

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Author : William Twining
language : en
Publisher: Routledge
Release Date : 2017-09-08

The Great Juristic Bazaar written by William Twining and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-08 with History categories.

Some law students find jurisprudence daunting, impersonal, dry and seemingly detached from practical affairs. William Twining believes that many jurists have been fascinating people struggling with questions that are both historically significant and relevant to contemporary issues. This book brings together previously published essays that centre on three related themes: reading Juristic texts, the role of narrative in law, and relations between theory and practice. Building on a pragmatic view of jurisprudence, the author explores different ways of reading and using Juristic texts, to set them in context, to bring them to life and to engage with the reader's own concerns. He applies this approach to throw fresh light on four familiar figures - Holmes, Bentham, Hart and Llewellyn. Challenging limited agendas and parochial points of view, Twining outlines a programme for a broad approach to legal theory in the context of globalization. He satirizes some bad habits in jurisprudence and explores in depth how stories can be seductive vehicles for cheating in legal contexts, yet are essential for making sense of disputes about fact or law.

A Treatise On The Law Of Evidence

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Author : Simon Greenleaf
language : en
Publisher:
Release Date : 1899

A Treatise On The Law Of Evidence written by Simon Greenleaf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1899 with Evidence (Law) categories.

Rationale Of Judicial Evidence

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Author : Jeremy Bentham
language : en
Publisher:
Release Date : 1827

Rationale Of Judicial Evidence written by Jeremy Bentham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1827 with Evidence (Law) categories.

Methodology Of Judicial Proof And Presumption

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Author : Jiahong He
language : en
Publisher: Springer
Release Date : 2018-01-23

Methodology Of Judicial Proof And Presumption written by Jiahong He and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-23 with Law categories.

This book offers the first theoretical approach to rules of evidence and the practice of judicial proof in China written in English by a Chinese professor. As Prof. He’s first representative work, based on over three decades of studying and researching evidence law, it clarifies concepts relevant to evidence law, highlights the value of studying evidence law, re-examines the domain of presumption, reviews central problems in obtaining evidence, and discusses the reasons for misjudged cases. In brief, the book not only presents all major aspects of Chinese rules of evidence in criminal justice, but also introduces readers to the latest developments from a global perspective.

Rethinking Evidence

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Author : William Twining
language : en
Publisher: Northwestern University Press
Release Date : 1994

Rethinking Evidence written by William Twining and has been published by Northwestern University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Law categories.

Evidence, proof and probabilities, rationality, skepticism and narrative in legal discourse, and the reform of criminal evidence have all been the subject of lively debates in recent years. This book brings together seminal and new essays from a leading contributor to this new evidence scholarship. Rethinking Evidence contains a series of linked essays which consider historical, theoretical, and applied themes from a broad interdisciplinary perspective. It brings together well-known papers and also includes substantial new essays on the nature and scope of the law of evidence, lawyers' stories, and the case of Edith Thompson. These readable and provocative essays represent a major contribution not only to legal theory but also to the general study of discourse about evidence in many disciplines.

Facts And Evidence

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Author : Baosheng Zhang
language : en
Publisher: Springer Nature
Release Date : 2021-01-04

Facts And Evidence written by Baosheng Zhang and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-04 with Law categories.

This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.

Foundations Of Evidence Law

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Author : Alex Stein
language : en
Publisher: Oxford University Press on Demand
Release Date : 2005

Foundations Of Evidence Law written by Alex Stein and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.