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  1. Ronald J. Allen & Michael S. Pardo, The Problematic Value of Mathematical Models of Evidence.
    Legal scholarship exploring the nature of evidence and the process of juridical proof has had a complex relationship with formal modeling. As evident in so many fields of knowledge, algorithmic approaches to evidence have the theoretical potential to increase the accuracy of fact finding, a tremendously important goal of the legal system. The hope that knowledge could be formalized within the evidentiary realm generated a spate of articles attempting to put probability theory to this purpose. This literature was both insightful (...)
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  2. Amalia Amaya (2013). Coherence, Evidence, and Legal Proof. Legal Theory 19 (1):1-43.
    The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...)
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  3. Lennart Åqvist (2007). An Interpretation of Probability in the Law of Evidence Based on Pro-Et-Contra Argumentation. Artificial Intelligence and Law 15 (4):391-410.
    The purpose of this paper is to improve on the logical and measure-theoretic foundations for the notion of probability in the law of evidence, which were given in my contributions Åqvist [ (1990) Logical analysis of epistemic modality: an explication of the Bolding–Ekelöf degrees of evidential strength. In: Klami HT (ed) Rätt och Sanning (Law and Truth. A symposium on legal proof-theory in Uppsala May 1989). Iustus Förlag, Uppsala, pp 43–54; (1992) Towards a logical theory of legal evidence: semantic analysis (...)
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  4. G. F. Arnold (1914). Psychology Applied to Legal Evidence and Other Constructions of the Law. Philosophical Review 23 (2):211-214.
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  5. John Banville (forthcoming). The Book of Evidence (London. Minerva.
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  6. Richard Bennett (1997). “Ignorance is No Excuse”. International Studies in Philosophy 29 (1):1-8.
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  7. Jeremy Bentham (1825/1981). A Treatise on Judicial Evidence. F.B. Rothman.
    Explains every part of the theory of the law of evidence, including the nature and species of judicial proof, means of protection against falsehood, grounds of excluding proof, and peculiarities of certain species of evidence.
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  8. Floris Bex (2011). Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory. Springer.
    In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...)
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  9. Floris Bex, Henry Prakken, Chris Reed & Douglas Walton (2003). Towards a Formal Account of Reasoning About Evidence: Argumentation Schemes and Generalisations. [REVIEW] Artificial Intelligence and Law 11 (2-3):125-165.
    This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.
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  10. Yuqian Bi (2010). Min Shi Su Song Zheng Ming Fang Ai Yan Jiu =. Beijing da Xue Chu Ban She.
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  11. Cherie Booth (2008). 7 Legal Evidence: Judging the Verities of Advocates. In Andrew Bell, John Swenson-Wright & Karin Tybjerg (eds.), Evidence. Cambridge University Press. 19--149.
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  12. Taylor F. Brinkman, Reconsidering the Role of Judicial Notice in Establishing the Reliability of Forensic Science Evidence.
    By taking judicial notice of the reliability of forensics based on mere admission in prior cases, courts risk admitting evidence that is entirely untested, if not unreliable. Moreover, by foregoing any independent review of the science in favor of judicial notice, courts fail to recognize advances in the science and continue to accept evidence even after their scientific bases have become doubtful. In light of these problems, this Paper argues that trial courts should not take judicial notice of the reliability (...)
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  13. Jingtian Chen (2012). Fa Guan Zheng Ju Ping Pan Yan Jiu =. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  14. Kuk Cho (2005). Wibŏp Sujip Chŭnggŏ Paeje Pŏpchʻik. Pagyŏngsa.
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  15. L. Jonathan Cohen (1977). The Probable and the Provable. Clarendon Press.
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  16. Simon A. Cole, Toward Evidence-Based Evidence: Supporting Forensic Knowledge Claims in the Post-Daubert Era.
    This paper reconceptualizes the Daubert admissibility regime using the "evidence-based" metaphor. Although contemporary society is pervaded by calls for such things as medicine, policy, corrections, and crime prevention to be "evidence-based" and evidence is firmly associated with law, there has been little application of this notion in law and little recognition of the homology between evidence-based medicine and the Daubert inquiry. The paper argues that the Daubert inquiry may be conceived as a demand for "evidence about evidence," or "evidence-based evidence." (...)
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  17. Mirjan R. Damaška (1997). Evidence Law Adrift. Yale University Press.
    In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts.
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  18. Housheng Duan (2011). Zheng Ming Ping Jia Yuan Li: Jian Ji Dui Min Shi Su Song Fang Fa Lun de Tan Tao = the Theory of Proof Evaluation: With Some Study of the Civil Procedure Methodology. Fa Lü Chu Ban She.
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  19. Housheng Duan (2009). Zheng Ming Ping Jia Ying Xiang Yin Su Fen Xi =. Fa Lü Chu Ban She.
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  20. Shuchen Duan (2007). Zheng Ming Biao Zhun Wen Ti Yan Jiu. Ren Min Fa Yuan Chu Ban She.
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  21. Christoph Engel (2000). Psychological Research on Heuristics Meets the Law. Behavioral and Brain Sciences 23 (5):747-747.
    Heuristics make decisions not only fast and frugally, but often nearly as well as “full” rationality or even better. Using such heuristics should therefore meet health care standards under liability law. But an independent court often has little chance to verify the necessary information. And judgments based on heuristics might appear to have little legitimacy, given the widespread belief in formal rationality.
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  22. Jules Epstein, Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio V. Roberts 'Reliability' Standard.
    This Article responds to the dictum in Whorton v. Bockting that "the Confrontation Clause has no application to [nontestimonial hearsay statements] and therefore permits their admission even if they lack indicia of reliability." The Article proposes that there remains a Due Process threshold for hearsay exceptions in criminal cases, one that mandates proof of first hand knowledge and a named declarant; and "non-deferential judicial scrutiny" for legislative enactments of new hearsay exceptions.
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  23. Jorge Fábrega P. (2012). La Carga de la Prueba (Onus Probandi). Cultural Portobelo.
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  24. Jordi Ferrer Beltrán (ed.) (2006). Estudios Sobre la Prueba. Universidad Nacional Autónoma de México.
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  25. Joseph S. Fulda (2013). The Illiberal Fruits of Corruption. The St. Croix Review 46 (4):58-63.
    Article interrelating /de facto/ bribery, public corruption, the disconnect between private life and public life, the disconnect between logic, on the one hand, and politics and ethics, on the other, and the four rationales for the exclusionary rules (in law), using New York City as a case study.
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  26. Carlo Furno (2008). La Prueba Legal. Leyer.
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  27. Carlo Furno (2008). Verdad y Proceso. Leyer.
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  28. Peter Gärdenförs, Bengt Hansson, Nils-Eric Sahlin & Sören Halldén (eds.) (1983). Evidentiary Value: Philosophical, Judicial, and Psychological Aspects of a Theory: Essays Dedicated to Sören Halldén on His Sixtieth Birthday. C.W.K. Gleerups.
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  29. Tony Gardner-Medwin (2011). Reasonable Doubt : Uncertainty in Education, Science and Law. In Philip Dawid, William Twining & Mimi Vasilaki (eds.), Evidence, Inference and Enquiry. Oup/British Academy. 465-483.
    The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important than (...)
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  30. Simone Gittelson, Alex Biedermann, Silvia Bozza & Franco Taroni (2013). Modeling the Forensic Two-Trace Problem with Bayesian Networks. Artificial Intelligence and Law 21 (2):221-252.
    The forensic two-trace problem is a perplexing inference problem introduced by Evett (J Forensic Sci Soc 27:375–381, 1987). Different possible ways of wording the competing pair of propositions (i.e., one proposition advanced by the prosecution and one proposition advanced by the defence) led to different quantifications of the value of the evidence (Meester and Sjerps in Biometrics 59:727–732, 2003). Here, we re-examine this scenario with the aim of clarifying the interrelationships that exist between the different solutions, and in this way, (...)
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  31. Thomas F. Gordon, Henry Prakken & Douglas N. Walton (2007). The Carneades Model of Argument and Burden of Proof. Artificial Intelligence 171 (10-15):875-896.
    We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...)
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  32. Christopher R. Green (2007). Suing One's Sense Faculties for Fraud: 'Justifiable Reliance' in the Law as a Clue to Epistemic Justification. Philosophical Papers 36 (1):49-90.
    The law requires that plaintiffs in fraud cases be 'justified' in relying on a misrepresentation. I deploy the accumulated intuitions of the law to defend externalist accounts of epistemic justification and knowledge against Laurence BonJour's counterexamples involving clairvoyance. I suggest that the law can offer a well-developed model for adding a no-defeater condition to either justification or knowledge but without requiring that subjects possess positive reasons to believe in the reliability of an epistemic source.
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  33. Hua Guo (2009). An Jian Shi Shi Ren Ding Fang Fa =. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  34. Susan Haack (2012). The Embedded Epistemologist: Dispatches From the Legal Front. Ratio Juris 25 (2):206-235.
    In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing—as it often is in legal contexts—epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and (...)
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  35. Susan Haack (2008). Proving Causation: The Holism of Warrant and the Atomism of Daubert. Journal of Health and Biomedical Law 4:253-289.
    In many toxic-tort cases - notably in Oxendine v. Merrell Dow Pharmaceuticals, Inc, and in Joiner v. G.E., - plaintiffs argue that the expert testimony they wish to present, though no part of it is sufficient by itself to establish causation "by a preponderance of the evidence," is jointly sufficient to meet this standard of proof; and defendants sometimes argue in response that it is a mistake to imagine that a collection of pieces of weak evidence can be any stronger (...)
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  36. Jaap C. Hage, Ronald Leenes & Arno R. Lodder (1993). Hard Cases: A Procedural Approach. [REVIEW] Artificial Intelligence and Law 2 (2):113-167.
    Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...)
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  37. H. L. Ho (2008). A Philosophy of Evidence Law: Justice in the Search for Truth. Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  38. J. Hunter (1985). O.K. Bouwsma, Without Proof Or Evidence. [REVIEW] Philosophy in Review 5:49-52.
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  39. J. F. M. Hunter (1985). OK Bouwsma, Without Proof or Evidence Reviewed By. Philosophy in Review 5 (2):49-52.
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  40. Hendrik Kaptein (2008). Legal Evidence and Proof: Statistics, Stories, Logic. Ashgate.
    With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book ...
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  41. Hannu Tapani Klami (2000). Law and Truth: A Theory of Evidence. Finnish Academy of Science and Letters.
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  42. Robert M. Krivoshey (ed.) (1994). Presentation of Evidence to Juries. Garland Pub..
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  43. Henrik Lando, When is the Preponderance of the Evidence Standard Optimal?
    This paper defines the preponderance of the evidence standard and establishes it as a benchmark for cases where deterrence is the dominant concern. The standard is shown to be optimal under the following assumptions: only efficiency matters (not fairness); people are risk-neutral; sanctions are socially costless; and investigations may take place even if no violation of the law has occurred.Concerning the definition of preponderance of the evidence a distinction is made between standards based on probability of guilt and standards based (...)
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  44. Ming Li (2013). Zheng Ju Zheng Ming Li Yan Jiu =. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  45. Yuhua Li (2006). Si Fa Jian Ding de Su Song Hua. Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  46. Yongan Liao (2009). Min Shi Zheng Ju Fa Xue de Ren Shi Lun Yu Jia Zhi Lun Ji Chu =. Zhongguo She Hui Ke Xue Chu Ban She.
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  47. Herbert Liebesny (1941). Evidence in Nuzi Legal Procedure. Journal of the American Oriental Society 61 (3):130-142.
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  48. Richard L. Lippke (2008). Larry Laudan, Truth, Error, and Criminal Law: An Essay in Legal Epistemology. Criminal Law and Philosophy 2 (1):85-89.
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  49. Michael Lynch (2013). Science, Truth, and Forensic Cultures: The Exceptional Legal Status of DNA Evidence. Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):60-70.
    Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of (...)
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  50. Matthew Matravers & Arina Cocoru (2014). Revisiting the Hart/Wootton Debate on Responsibility. In C. G. Pulman (ed.), Hart on Responsibility.
1 — 50 / 83