Legal Evidence and Proof

Legal Evidence and Proof

Author: Henry Prakken

Publisher: Routledge

Published: 2016-04-22

Total Pages: 303

ISBN-13: 131710630X

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As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.


The Proof

The Proof

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2022-05-31

Total Pages: 321

ISBN-13: 0674276256

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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.


Legal Evidence and Proof

Legal Evidence and Proof

Author: Hendrik Kaptein

Publisher: Ashgate Publishing Company

Published: 2009

Total Pages: 288

ISBN-13: 9780754676201

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This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. Subjects covered include, among others, division of burdens of proof, circumstantial evidence and abductive inference, and the logic of testing (false) confessions.


Legal Evidence and Proof

Legal Evidence and Proof

Author: Taylor & Francis Group

Publisher: Routledge

Published: 2019-05-31

Total Pages: 302

ISBN-13: 9781138251960

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As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.


Evidence Matters

Evidence Matters

Author: Susan Haack

Publisher: Cambridge University Press

Published: 2014-07-28

Total Pages: 445

ISBN-13: 1107039967

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Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.


Proof

Proof

Author: Andrew Palmer

Publisher: Lawbook Company

Published: 2014-12-18

Total Pages: 1

ISBN-13: 9780455233697

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The third edition of Proof includes clear, simple and easy-to-follow methods for organising and analysing evidence and includes an increased focus on the preparation of the defence case. A detailed Appendix provides a step by step analysis of a case and shows the practical application of charting evidence in order to construct the strongest possible case for presentation at trial.


Philosophical Foundations of Evidence Law

Philosophical Foundations of Evidence Law

Author: Christian Dahlman

Publisher: Oxford University Press

Published: 2021-09-30

Total Pages: 433

ISBN-13: 0192603094

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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.


Evidence, Proof, and Facts

Evidence, Proof, and Facts

Author: Peter Murphy

Publisher: Oxford University Press on Demand

Published: 2003-01-01

Total Pages: 602

ISBN-13: 9780199261956

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While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.