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Author: Zachary Hoskins
Publisher: Routledge
ISBN: 1000345467
Category : Philosophy
Languages : en
Pages : 178
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Book Description
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.
Author: Zachary Hoskins
Publisher: Routledge
ISBN: 1000345467
Category : Philosophy
Languages : en
Pages : 178
Get Book
Book Description
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.
Author: Alvin I. Goldman
Publisher: Oxford University Press
ISBN: 0195334531
Category : Philosophy
Languages : en
Pages : 368
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Book Description
An outstanding voice in the field, the jazz critic for The Village Voice leads readers through the first century of the music in a voluminous, expert account of the great jazz artists past and present and their distinctive contributions. UP.
Author: Larry Laudan
Publisher: Cambridge University Press
ISBN: 113945708X
Category : Philosophy
Languages : en
Pages : 235
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Book Description
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.
Author: Christian Dahlman
Publisher: Oxford University Press
ISBN: 0192603094
Category : Law
Languages : en
Pages : 433
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Book Description
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.
Author: Susan Haack
Publisher: Cambridge University Press
ISBN: 1107039967
Category : Law
Languages : en
Pages : 445
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Book Description
Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.
Author: Casey Rebecca Johnson
Publisher: Taylor & Francis
ISBN: 1000834905
Category : Philosophy
Languages : en
Pages : 96
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Book Description
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.
Author: Brian Kim
Publisher: Routledge
ISBN: 1351685244
Category : Philosophy
Languages : en
Pages : 226
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Book Description
According to philosophical lore, epistemological orthodoxy is a purist epistemology in which epistemic concepts such as belief, evidence, and knowledge are characterized to be pure and free from practical concerns. In recent years, the debate has focused narrowly on the concept of knowledge and a number of challenges have been posed against the orthodox, purist view of knowledge. While the debate about knowledge is still a lively one, the pragmatic exploration in epistemology has just begun. This collection takes on the task of expanding this exploration into new areas. It discusses how the practical might encroach on all areas of our epistemic lives from the way we think about belief, confidence, probability, and evidence to our ideas about epistemic value and excellence. The contributors also delve into the ramifications of pragmatic views in epistemology for questions about the value of knowledge and its practical role. Pragmatic Encroachment in Epistemology will be of interest to a broad range of epistemologists, as well as scholars working on virtue theory and practical reason.
Author: Miranda Fricker
Publisher: Routledge
ISBN: 1317511484
Category : Philosophy
Languages : en
Pages : 490
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Book Description
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.
Author: Lewis Ross
Publisher: Cambridge University Press
ISBN: 100956613X
Category : Philosophy
Languages : en
Pages : 147
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Book Description
Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.
Author: Steven Bland
Publisher: Taylor & Francis
ISBN: 1003823319
Category : Philosophy
Languages : en
Pages : 305
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Book Description
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.
