Author: Peter Tillers
Publisher: Springer Science & Business Media
ISBN: 9789027726896
Category : Science
Languages : en
Pages : 370
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Book Description
This book explores the nature of factual inference in adjudication. The book should be useful to students of law in Continental Europe as well as to students of Anglo-American law. While a good many countries do not use the sorts of rules of evidence found in the Anglo-American legal tradition, their procedural systems nevertheless frequently use a variety of rules and principles to regulate and structure the acquisition, presentation, and evalu ation of evidence. In this sense, almost all legal systems have a law of proof. This book should also be useful to scholars in fields other than law. While the papers focus on inference in adjudication, they deal with a wide variety of issues that are important in disciplines such as the philosophy of science, statistics, and psychology. For example, there is extensive discussion of the role of generalizations and hypotheses in inference and of the significance of the fact that the actors who evaluate data also in some sense constitute the data that they evaluate. Furthermore, explanations of the manner in which some legal systems structure fact-finding processes may highlight features of inferential processes that have yet to be adequately tackled by scholars in fields other than law.
Author: Deborah G. Mayo
Publisher: Cambridge University Press
ISBN: 1108563309
Category : Mathematics
Languages : en
Pages : 503
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Book Description
Mounting failures of replication in social and biological sciences give a new urgency to critically appraising proposed reforms. This book pulls back the cover on disagreements between experts charged with restoring integrity to science. It denies two pervasive views of the role of probability in inference: to assign degrees of belief, and to control error rates in a long run. If statistical consumers are unaware of assumptions behind rival evidence reforms, they can't scrutinize the consequences that affect them (in personalized medicine, psychology, etc.). The book sets sail with a simple tool: if little has been done to rule out flaws in inferring a claim, then it has not passed a severe test. Many methods advocated by data experts do not stand up to severe scrutiny and are in tension with successful strategies for blocking or accounting for cherry picking and selective reporting. Through a series of excursions and exhibits, the philosophy and history of inductive inference come alive. Philosophical tools are put to work to solve problems about science and pseudoscience, induction and falsification.
Author: Richard Royall
Publisher: Routledge
ISBN: 1351414550
Category : Mathematics
Languages : en
Pages : 212
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Book Description
Interpreting statistical data as evidence, Statistical Evidence: A Likelihood Paradigm focuses on the law of likelihood, fundamental to solving many of the problems associated with interpreting data in this way. Statistics has long neglected this principle, resulting in a seriously defective methodology. This book redresses the balance, explaining why science has clung to a defective methodology despite its well-known defects. After examining the strengths and weaknesses of the work of Neyman and Pearson and the Fisher paradigm, the author proposes an alternative paradigm which provides, in the law of likelihood, the explicit concept of evidence missing from the other paradigms. At the same time, this new paradigm retains the elements of objective measurement and control of the frequency of misleading results, features which made the old paradigms so important to science. The likelihood paradigm leads to statistical methods that have a compelling rationale and an elegant simplicity, no longer forcing the reader to choose between frequentist and Bayesian statistics.
Author: Nicholas Lennings
Publisher: Bloomsbury Publishing
ISBN: 1509957359
Category : Law
Languages : en
Pages : 271
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Book Description
This book evaluates the role played by statistical evidence in litigation. Despite the increasing prevalence of statistical evidence in modern litigation, how such evidence should be admitted and used by courts is often inconsistent and widely criticised. Accepting that statistical evidence can lead to more accurate decisions, the book proposes criteria that could allow courts to decide that statistical evidence is good for fact-finding. The many and varied scholarly debates regarding statistical evidence have by and large avoided judicial attention. Unlike previous works, this book contextualises those debates in the language and practice of evidence law, focusing principally on Australia, as well as the UK and the USA. It does so by identifying that the controversy around statistical evidence follows the three-tiered statistical syllogism underlying statistical inference: first, whether statistical evidence is capable of establishing an association between phenomena in a state of nature; second, inferring that phenomena to an individual from the general association; and third, whether statistical evidence can be sufficient for proof of contested facts. Objections are said to arise at each level of this syllogism and, by mapping these objections onto evidence law, the book argues that a pathway for the judicial evaluation of statistical evidence can be constructed.
Author: William Twining
Publisher: Cambridge University Press
ISBN: 1139453211
Category : Law
Languages : en
Pages : 37
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Book Description
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
Author: Eric R Watson
Publisher: Legare Street Press
ISBN: 9781019158807
Category :
Languages : en
Pages : 0
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: Peter Tillers
Publisher: Springer
ISBN: 9789401078207
Category : Science
Languages : en
Pages : 0
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Book Description
This book explores the nature of factual inference in adjudication. The book should be useful to students of law in Continental Europe as well as to students of Anglo-American law. While a good many countries do not use the sorts of rules of evidence found in the Anglo-American legal tradition, their procedural systems nevertheless frequently use a variety of rules and principles to regulate and structure the acquisition, presentation, and evalu ation of evidence. In this sense, almost all legal systems have a law of proof. This book should also be useful to scholars in fields other than law. While the papers focus on inference in adjudication, they deal with a wide variety of issues that are important in disciplines such as the philosophy of science, statistics, and psychology. For example, there is extensive discussion of the role of generalizations and hypotheses in inference and of the significance of the fact that the actors who evaluate data also in some sense constitute the data that they evaluate. Furthermore, explanations of the manner in which some legal systems structure fact-finding processes may highlight features of inferential processes that have yet to be adequately tackled by scholars in fields other than law.
Author: David A. Schum
Publisher: Northwestern University Press
ISBN: 9780810118218
Category : History
Languages : en
Pages : 572
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Book Description
In this work Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings. He include insights from law, philosophy, logic, probability, semiotics, artificial intelligence, psychology and history.
Author: Christian Dahlman
Publisher: Oxford University Press
ISBN: 0198859309
Category : Law
Languages : en
Pages : 433
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Book Description
"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.
Author: Ian Hacking
Publisher: Cambridge University Press
ISBN: 9780521685573
Category : History
Languages : en
Pages : 260
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Book Description
Historical records show that there was no real concept of probability in Europe before the mid-seventeenth century, although the use of dice and other randomizing objects was commonplace. First published in 1975, this edition includes an introduction that contextualizes his book in light of developing philosophical trends.
