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Author: Peter Murphy
Publisher: Oxford University Press on Demand
ISBN: 9780199261956
Category : Law
Languages : en
Pages : 602
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Book Description
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.
Author: Peter Murphy
Publisher: Oxford University Press on Demand
ISBN: 9780199261956
Category : Law
Languages : en
Pages : 602
Get Book Here
Book Description
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.
Author: Baosheng Zhang
Publisher: Springer Nature
ISBN: 9811596395
Category : Law
Languages : en
Pages : 321
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Book Description
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.
Author: Baosheng Zhang
Publisher: Springer Nature
ISBN: 9811596859
Category : Law
Languages : en
Pages : 406
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Book Description
This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.
Author: Laura A. Millar
Publisher: American Library Association
ISBN: 0838937578
Category : Language Arts & Disciplines
Languages : en
Pages : 193
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Book Description
The safeguarding of authentic facts is essential, especially in this disruptive Orwellian age, where digital technologies have opened the door to a post-truth world in which "alternative facts" can be so easily accepted as valid. And because facts matter, evidence matters. In this urgent manifesto, archives luminary Millar makes the case that authentic and accurate records, archives, data, and other sources of documentary proof are crucial in supporting and fostering a society that is respectful, democratic, and self-aware. An eye-opening treatise for the general public, an invaluable resource for archives students, and a provocative call-to-arms for information and records professionals, Millar's book explains the concept of evidence and discusses the ways in which records, archives, and data are not just useful tools for our daily existence but also essential sources of evidence both today and in the future; includes plentiful examples that illustrate the critical role evidence plays in upholding rights, enforcing responsibilities, tracing family or community stories, and capturing and sharing memories; and examines the impact of digital technologies on how records and information are created and used. With documentary examples ranging from Mesopotamian clay tablets to World War II photographs to today’s Twitter messages and Facebook posts, Millar’s stirring book will encourage readers to understand more fully the importance of their own records and archives, for themselves and for future generations.
Author: Gary Lawson
Publisher: University of Chicago Press
ISBN: 022643205X
Category : Law
Languages : en
Pages : 259
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Book Description
"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
Author: Michelle T. Grando
Publisher: Oxford University Press
ISBN: 019957264X
Category : Law
Languages : en
Pages : 446
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Book Description
This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Author: James Chandler
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 536
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Book Description
This anthology brings together thirteen major essays by leading scholars and researchers in multiple fields across the sciences and humanities. In addition, each essay is accompanied by a never-before-published critical response and a rejoinder by the author of the original essay.
Author: Henry Prakken
Publisher: Routledge
ISBN: 1317106296
Category : Law
Languages : en
Pages : 481
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Book Description
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.
Author: Torsten Stirner
Publisher: Martinus Nijhoff Publishers
ISBN: 9004463135
Category : Law
Languages : en
Pages : 520
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Book Description
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author: Gareth Leng
Publisher: MIT Press
ISBN: 026235828X
Category : Science
Languages : en
Pages : 377
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Book Description
How biases, the desire for a good narrative, reliance on citation metrics, and other problems undermine confidence in modern science. Modern science is built on experimental evidence, yet scientists are often very selective in deciding what evidence to use and tend to disagree about how to interpret it. In The Matter of Facts, Gareth and Rhodri Leng explore how scientists produce and use evidence. They do so to contextualize an array of problems confronting modern science that have raised concerns about its reliability: the widespread use of inappropriate statistical tests, a shortage of replication studies, and a bias in both publishing and citing “positive” results. Before these problems can be addressed meaningfully, the authors argue, we must understand what makes science work and what leads it astray. The myth of science is that scientists constantly challenge their own thinking. But in reality, all scientists are in the business of persuading other scientists of the importance of their own ideas, and they do so by combining reason with rhetoric. Often, they look for evidence that will support their ideas, not for evidence that might contradict them; often, they present evidence in a way that makes it appear to be supportive; and often, they ignore inconvenient evidence. In a series of essays focusing on controversies, disputes, and discoveries, the authors vividly portray science as a human activity, driven by passion as well as by reason. By analyzing the fluidity of scientific concepts and the dynamic and unpredictable development of scientific fields, the authors paint a picture of modern science and the pressures it faces.
