The Social Epistemology Of Legal Trials
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The Social Epistemology Of Legal Trials
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Author : Zachary Hoskins
language : en
Publisher: Routledge
Release Date : 2021-02-16
The Social Epistemology Of Legal Trials written by Zachary Hoskins and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-16 with Philosophy categories.
This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.
Social Epistemology
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Author : Alvin Goldman
language : en
Publisher: Oxford University Press
Release Date : 2011-02-11
Social Epistemology written by Alvin Goldman 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 2011-02-11 with Philosophy categories.
What if anything justifies us in believing the testimony of others? How should we react to disagreement between ourselves and our peers, and to disagreement among the experts when we ourselves are novices? Can beliefs be held by groups of people in addition to the people composing those groups? And if so, how should groups go about forming their beliefs? How should we design social systems, such as legal juries and scientific research-sharing schemes, to promote knowledge among the people who engage in them? When different groups of people judge different beliefs to be justified, how can we tell which groups are correct? These questions are at the heart of the vital discipline of social epistemology. The classic articles in this volume address these questions in ways that are both cutting-edge and easy to understand. This volume will be of great interest to scholars and students in epistemology.
Special Issue On The Social Epistemology Of The Law
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Author :
language : en
Publisher:
Release Date : 1991
Special Issue On The Social Epistemology Of The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Critical legal studies 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.
Truth Error And Criminal Law
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Author : Larry Laudan
language : en
Publisher: Cambridge University Press
Release Date : 2006-06-05
Truth Error And Criminal Law written by Larry Laudan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-05 with Philosophy categories.
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Epistemic Care
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Author : Casey Rebecca Johnson
language : en
Publisher: Taylor & Francis
Release Date : 2023-02-24
Epistemic Care written by Casey Rebecca Johnson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-24 with Philosophy categories.
This book uses the framework of care ethics to articulate a novel theory of our epistemic obligations to one another. It presents an original way to understand our epistemic vulnerabilities, our obligations in education, and our care duties toward others with whom we stand in epistemically vulnerable relationships. As embodied and socially interdependent knowers, we have obligations to one another that are generated by our ability to care – that is, to meet each other’s epistemic vulnerabilities. The author begins the book by arguing that the same motivations that moved social epistemologists away from individualistic epistemology should motivate a move to a care-based theory. The following chapters outline our epistemic care duties to vulnerable agents, and offer criteria of epistemic goodness for communities of inquiry. Finally, the author discusses the tension between epistemic care and epistemic paternalism. Epistemic Care will be of interest to scholars and advanced students working in social epistemology, ethics, feminist philosophy, and philosophy of education.
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.
The Routledge Handbook Of Social Epistemology
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Author : Miranda Fricker
language : en
Publisher: Routledge
Release Date : 2019-07-19
The Routledge Handbook Of Social Epistemology written by Miranda Fricker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-19 with Philosophy categories.
Edited by an international team of leading scholars, The Routledge Handbook of Social Epistemology is the first major reference work devoted to this growing field. The Handbook’s 46 chapters, all appearing in print here for the first time, and written by philosophers and social theorists from around the world, are organized into eight main parts: Historical Backgrounds The Epistemology of Testimony Disagreement, Diversity, and Relativism Science and Social Epistemology The Epistemology of Groups Feminist Epistemology The Epistemology of Democracy Further Horizons for Social Epistemology With lists of references after each chapter and a comprehensive index, this volume will prove to be the definitive guide to the burgeoning interdisciplinary field of social epistemology.
How Will I Know An Epistemology Of Lawyering
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Author : Emanuel Raul Tucsa
language : en
Publisher:
Release Date : 2021
How Will I Know An Epistemology Of Lawyering written by Emanuel Raul Tucsa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the legal profession offers both enrichment of this applied field of philosophy itself and the opportunity for the philosophy of lawyering to link up with a nexus of emerging scholarship about cognition in legal systems and legal services especially metacognition in legal pedagogy and behavioural legal ethics (which explores the psychology of lawyers). Advancing an epistemic approach to the philosophy of lawyering, I study the way in which the lawyer is involved in the adversarial systems truth-seeking function. My theory of lawyering is informed by recent scholarship in social epistemology and virtue epistemology. I propose a normative epistemology of lawyering, meaning specifically that my approach speaks to the professional character development of the lawyer. In the adversarial system of adjudication, lawyers can support the truth-seeking function of the system by developing the intellectual virtues of an epistemic partisan. I put my proposal to the test against Monroe Freedmans Client Perjury Trilemma, reaching new conclusions about the responses to the famous problem. Ultimately, I call for a commitment to professional character formation in service of the legal systems search for truth.
Rationality In Context
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Author : Steven Bland
language : en
Publisher: Taylor & Francis
Release Date : 2023-12-01
Rationality In Context written by Steven Bland and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-01 with Philosophy categories.
This book uses the psychological literature on rationality to weigh in on the recent debate between virtue epistemologists and epistemic situationists. It argues that both sides have misconstrued the literature and that an interactionist framework is needed to square epistemic theory with empirical facts about reasoning and inference. The explosion of empirical literature on human rationality has led to seismic shifts across a multitude of academic disciplines. This book considers its implications for epistemology. In particular, it critically evaluates the treatment of the rationality literature within the recent controversy between virtue epistemologists, who attempt to ground knowledge in stable epistemic virtues, and epistemic situationists, who claim that such a project is doomed by empirical evidence of widespread irrationality. It links this foundational controversy to two of the most important debates in psychology: the Rationality Wars and the person-situation debate. The book argues that both virtue theorists and epistemic situationists have misunderstood the implications of these debates, leading them to focus exclusively on personal dispositions and situational factors as two independent sources of epistemic success, failure, and improvement. A more accurate reading of the empirical literature implies that interactions between epistemic agents and their social, informational, and institutional environments are the fundamental drivers of both rational and irrational behaviour. An interactionist framework motivated by this insight conceives of epistemic virtues and vices as both responsive to and responsible for the environments in which they’re manifested and cultivated. The central aim of this book is to present and defend this novel type of virtue epistemology. Rationality in Context will be of interest to scholars and advanced students working in epistemology, philosophy of science, philosophy of psychology, cognitive psychology, and social psychology.