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Author:
Publisher: BRILL
ISBN: 9004457046
Category : Law
Languages : en
Pages : 224
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Book Description
Author:
Publisher: BRILL
ISBN: 9004457046
Category : Law
Languages : en
Pages : 224
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Book Description
Author: Zygmunt Ziembiński
Publisher: Rodopi
ISBN: 9789062037995
Category : Law
Languages : en
Pages : 228
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Book Description
Author: Verena Klappstein
Publisher: Springer Nature
ISBN: 3030838412
Category : Law
Languages : en
Pages : 274
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Book Description
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.
Author: Verena Klappstein
Publisher: Springer
ISBN: 331974271X
Category : Law
Languages : en
Pages : 207
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Book Description
The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.
Author: Stephen Lawrence Esquith
Publisher: Rodopi
ISBN: 9789051839975
Category : Philosophy
Languages : en
Pages : 388
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Book Description
From the contents: Reason's reach: liberal tolerance and political discourse (Alfonso J. Damico).- Individualism and political dialogue (Tibor R. Machan).- Phronesis and political dialogue (Mark Kingwell).- Democracy and intellectual mediation: after liberalism and socialism (Richard T. Peterson).- Participation, power, and democracy (James H. Read).- Retribution in democracy (Aleksandar Fatic).
Author:
Publisher: BRILL
ISBN: 9004457356
Category : Political Science
Languages : en
Pages : 272
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Book Description
Author: Jerzy Brzeziński
Publisher: Rodopi
ISBN: 9789042001442
Category : Education, Higher
Languages : en
Pages : 264
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Book Description
Author:
Publisher: BRILL
ISBN: 9004457496
Category : Philosophy
Languages : en
Pages : 256
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Book Description
Author:
Publisher: BRILL
ISBN: 900445733X
Category : Science
Languages : en
Pages : 141
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Book Description
Author: Liedman
Publisher: BRILL
ISBN: 9004457577
Category : Literary Criticism
Languages : en
Pages : 174
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Book Description
