A Philosophy Of Evidence Law
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A Philosophy Of Evidence Law
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Author : H. L. Ho
language : en
Publisher: Oxford University Press on Demand
Release Date : 2008-03-06
A Philosophy Of Evidence Law written by H. L. Ho 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 2008-03-06 with Law categories.
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Kids Discover June 2010
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Author :
language : en
Publisher:
Release Date : 2010
Kids Discover June 2010 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
Philosophical Foundations Of Evidence Law
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Author : Christian Dahlman
language : en
Publisher: Oxford University Press
Release Date : 2021-09-30
Philosophical Foundations Of Evidence Law written by Christian Dahlman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.
Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.
The Philosophy Of Proof In Its Relation To The English Law Of Judicial Evidence
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Author : John Reynolds Gulson
language : en
Publisher:
Release Date : 1923
The Philosophy Of Proof In Its Relation To The English Law Of Judicial Evidence written by John Reynolds Gulson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1923 with Evidence categories.
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.
Theory Of Legal Evidence Evidence In Legal Theory
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Author : Verena Klappstein
language : en
Publisher: Springer Nature
Release Date : 2022-01-03
Theory Of Legal Evidence Evidence In Legal Theory written by Verena Klappstein and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-03 with Law categories.
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
Foundations Of Evidence Law
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Author : Alex Stein
language : en
Publisher:
Release Date : 2005
Foundations Of Evidence Law written by Alex Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Evidence (Law) categories.
Alex Stein examines the underlying theory of evidence in Anglo-American legal systems. Combining probability theory epistemology, economic analysis and moral philosophy, he argues that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
Logical Relevance In English Evidence Law
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Author : Jan Dejnožka
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2019-01-02
Logical Relevance In English Evidence Law written by Jan Dejnožka and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-02 with Logic, Modern categories.
BOOK DESCRIPTION: Logical relevance is an essential feature of evidence for both John Maynard Keynes and Bertrand Russell - and also for the last five centuries of English evidence law. If it is not relevant, it is not evidence. If it is not evidence, it is not relevant. It has been widely held that Keynes himself invented the theory that probability is degree of logical relevance. This book is the first study of the legal origins of Keynes' and Russell's logicist theories of probability. Like Dejnozka's other books, this book upends received thought. Following J. L. Montrose, whom he anthologizes, the legal scholar William Twining denies that some of the great evidence law writers had relevance rules. Dejnozka quotes and discusses the relevance rules of those writers. The Keynes scholar Robert Skidelsky holds that Keynes himself discovered the relation between probability and logical relevance. Dejnozka quotes and discusses that relation as affirmed throughout the last five centuries of English evidence law. Most relevantists were members of the Inner Temple law bar, and Keynes was too. // PRAISE FOR THE BOOK 1: "Jan Dejnozka's Logical Relevance in English Evidence Law innovatively explores the links between the evolution of the Anglo-American law of evidence and the philosophical investigations of Keynes and Russell. He provides a fascinating interdisciplinary examination between two disciplines not ordinarily studied together. Dejnozka's study should be of interest to scholars interested in evidence, regardless of discipline." - Barbara J. Shapiro. // Barbara J. Shapiro is professor emerita of rhetoric at the University of California at Berkeley. Her books include _Beyond Reasonable Doubt and Probable Cause: Historical Perspectives on the Anglo-American Law of Evidence_ (University of California Press) and _Probability and Certainty in Seventeenth-Century England: A Study of the Relationships Between Science, Religion, History, Law, and Literature_ (Princeton University Press). // PRAISE FOR THE BOOK 2: "Dejnozka challenges the reader to open his mind for a new interpretation of Russell's work, in particular that relevance notions have a greater place in his philosophy of logic than has been stressed before. Dejnozka's work is full of material which stimulates one to rethink Russell's philosophy of logic, and it is greatly to the author's credit that he brings to light such a wealth of crucial issues in the history and philosophy of logic." - Shahid Rahman. // Shahid Rahman is exceptional professor of logic and epistemology at the Université de Lille 3 (Charles de Gaulle). He was Director (for the French side) of the du ANR-DFG Franco-German project 2012-2015 (Lille (MESHS)/Konstanz, Prof M. Armgardt): Théorie du Droit et Logique / Jurisprudenz und Logik. His recent papers include "Conditionals and Legal Reasoning: Elements of a Logic of Law," HAL 2017 (with Bernadette Dango), and "Unfolding Parallel Reasoning in Islamic Jurisprudence: Epistemic and Dialectical Meaning in Abū Ishāq al-Shīrāzī's System of Co-Relational Inferences of the Occasioning Factor," Cambridge Journal of Arabic Sciences and Philosophy 2018 (with Muhammad Iqbal). // PRAISE FOR THE BOOK 3: "I have spent my career researching the role of relevance in logic, and I found this book highly "relevant." It points out the profound role that English evidence law had in influencing two of the founders of probability theory and logic, Keynes and Russell. It is well written and very interesting. -J. Michael Dunn. // J. Michael Dunn is professor emeritus of computer science and informatics, Oscar Ewing professor emeritus of philosophy, and founding dean emeritus of the School of Informatics at Indiana University. He was a co-editor of _Entailment: The Logic of Relevance and Necessity_, volume 2 (Princeton University Press).
The Proof
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2022-05-31
The Proof written by Frederick Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-31 with Law categories.
Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.
Presumptions And Burdens Of Proof
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Author : Hans Vilhelm Hansen
language : en
Publisher: Rhetoric, Law, and the Humanit
Release Date : 2019
Presumptions And Burdens Of Proof written by Hans Vilhelm Hansen and has been published by Rhetoric, Law, and the Humanit this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Language Arts & Disciplines categories.
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.