Search results for 'Evidence (Law' (try it on Scholar)

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  1. Stephen Law (2011). Evidence, Miracles, and the Existence of Jesus. Faith and Philosophy 28 (2):129-151.
    The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that (...)
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  2.  3
    Stuart J. McKelvie, Lionel Standing, Denise St Jean & James Law (1993). Gender Differences in Recognition Memory for Faces and Cars: Evidence for the Interest Hypothesis. Bulletin of the Psychonomic Society 31 (5):447-448.
  3.  5
    Stephen Law (2008). Thinking Tools: Suppressed Evidence. Think 7 (20):105-105.
    Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.
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  4. Alex Stein (2005). Foundations of Evidence Law. Oxford University Press.
    This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
     
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  5.  1
    In Defense, Rule-Based Evidence Law & Epistemology Too (forthcoming). Frederick Schauer. Episteme.
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  6.  13
    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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  7.  31
    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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  8.  22
    Douglas N. Walton (2008). Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law. Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same (...)
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  9.  17
    Hock Lai Ho (2016). The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence. Criminal Law and Philosophy 10 (1):109-131.
    If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to (...)
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  10. Jinxi Wang & Lin Chang (eds.) (2009). Zheng Ju Li Lun Yu Ke Xue: Shou Jie Guo Ji Yan Tao Hui Lun Wen Ji = Collection of Theses of the 1st International Symposium on Evidence Law and Forensic Science. Zhongguo Zheng Fa da Xue Chu Ban She.
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  11. Hannu Tapani Klami (2000). Law and Truth: A Theory of Evidence. Finnish Academy of Science and Letters.
  12. Gamini Lakshman Peiris (1989). Recent Trends in the Commonwealth Law of Evidence. Sarvodaya Book Pub. Services.
     
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  13. William L. Twining & Iain Hampsher-Monk (eds.) (2003). Evidence and Inference in History and Law: Interdisciplinary Dialogues. Northwestern University Press.
  14.  33
    Frederick Schauer (2008). In Defense of Rule-Based Evidence Law – and Epistemology Too. Episteme 5 (3):pp. 295-305.
    Ever since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them (...)
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  15. H. L. Ho (2008). A Philosophy of Evidence Law: Justice in the Search for Truth. Oxford University Press Uk.
    The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and (...)
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  16.  34
    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 (...): semantic analysis of the Bolding–Ekelöf degrees of evidential strength. In: Martino AA (ed) Expert systems in law. Elsevier Science Publishers BV, Amsterdam, North-Holland, pp 67–86]. The present approach agrees with the one adopted in those contributions in taking its main task to be that of providing a semantic analysis, or explication, of the so called Bolding–Ekelöf degrees of evidential strength (“proof-strength”) as applied to the establishment of matters of fact in law-courts. However, it differs from the one advocated in our earlier work on the subject in explicitly appealing to what is known as “Pro-et-Contra Argumentation”, after the famous Norwegian philosopher Arne Naess. It tries to bring out the logical form of that interesting kind of reasoning, at least in the context of the law of evidence. The formal techniques used here will be seen to be largely inspired by the important work done by Patrick Suppes, notably Suppes [(1957) Introduction to logic. van Nostrand, Princeton and (1972) Finite equal-interval measurement structures. Theoria 38:45–63]. (shrink)
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  17.  53
    Susan Haack (2008). Warrant, Causation, and the Atomism of Evidence Law. Episteme 5 (3):pp. 253-265.
    The epistemological analysis offered in this paper reveals that a combination of pieces of evidence, none of them sufficient by itself to warrant a causal conclusion to the legally required degree of proof, may do so jointly. The legal analysis offered here, interlocking with this, reveals that Daubert’s requirement that courts screen each item of scientific expert testimony for reliability can actually impede the process of arriving at the conclusion most warranted by the evidence proffered.
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  18.  11
    Brian Leiter (2001). Prospects and Problems for the Social Epistemology of Evidence Law. Philosophical Topics 29 (1/2):319-332.
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  19.  2
    Bernard Robertson & G. A. Vignaux (1992). Expert Evidence: Law, Practice and Probability. Oxford Journal of Legal Studies 12 (3):392-403.
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  20. Robertson Bernard (1992). Expert Evidence: Law, Practice and Probability. Oxford Journal of Legal Studies 12 (3).
     
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  21. Gary Edmond & David Hamer (2010). Evidence Law. In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press
     
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  22. Mike Redmayne (2006). The Structure of Evidence Law. Oxford Journal of Legal Studies 26 (4):805-822.
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  23.  90
    Michael Blome-Tillmann (2015). Sensitivity, Causality, and Statistical Evidence in Courts of Law. Thought: A Journal of Philosophy 4 (2):102-112.
    Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is (...)
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  24.  17
    Ferdinand Schoeman (1987). Cohen on Inductive Probability and the Law of Evidence. Philosophy of Science 54 (1):76-91.
    L. Jonathan Cohen has written a number of important books and articles in which he argues that mathematical probability provides a poor model of much of what paradigmatically passes for sound reasoning, whether this be in the sciences, in common discourse, or in the law. In his book, The Probable and the Provable, Cohen elaborates six paradoxes faced by advocates of mathematical probability (PM) when treating issues of evidence as they would arise in a court of law. He argues (...)
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  25.  18
    Ian Maclean (2000). Evidence, Logic, the Rule and the Exception in Renaissance Law and Medicine. Early Science and Medicine 5 (3):227-256.
    This article sets out to investigate aspects of the uptake of Renaissance law and medicine from some of the logical and natural-philosophical components of the university arts course. Medicine is shown to have a much laxer operative logic than law, reflecting its commitment to the theory of idiosyncrasy as opposed to the demands made upon the law by the need for a uniform application of justice. Symptomatic of the different uptake arc the contrasting meanings of "regulariter" and "generaliter" in the (...)
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  26.  15
    Ronald Laymon (1994). Demonstrative Induction, Old and New Evidence and the Accuracy of the Electrostatic Inverse Square Law. Synthese 99 (1):23 - 58.
    Maxwell claimed that the electrostatic inverse square law could be deduced from Cavendish's spherical condenser experiment. This is true only if the accuracy claims made by Cavendish and Maxwell are ignored, for both used the inverse square law as a premise in their analyses of experimental accuracy. By so doing, they assumed the very law the accuracy of which the Cavendish experiment was supposed to test. This paper attempts to make rational sense of this apparently circular procedure and to relate (...)
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  27.  21
    David Mercer (2008). Science, Legitimacy, and “Folk Epistemology” in Medicine and Law: Parallels Between Legal Reforms to the Admissibility of Expert Evidence and Evidence-Based Medicine. Social Epistemology 22 (4):405 – 423.
    This paper explores some of the important parallels between recent reforms to legal rules for the admissibility of scientific and expert evidence, exemplified by the US Supreme Court's decision in Daubert v Merrell Dow Pharmaceuticals, Inc. in 1993, and similar calls for reforms to medical practice, that emerged around the same time as part of the Evidence-Based Medicine (EBM) movement. Similarities between the “movements” can be observed in that both emerged from a historical context where the quality of (...)
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  28.  19
    Mark Parascandola (1996). Evidence and Association: Epistemic Confusion in Toxic Tort Law. Philosophy of Science 63 (3):176.
    Attempts at quantification turn up in many areas within the modern courtroom, but nowhere more than in the realm of toxic tort law. Evidence, in these cases, is routinely presented in statistical form. The vagueness inherent in phrases such as 'balance of probabilities' and 'more likely than not' is reinterpreted to correspond to precise mathematical values. Standing alone these developments would not be a cause for great concern. But in practice courts and commentators have routinely mixed up incompatible quantities, (...)
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  29. Douglas Walton (2008). Witness Testimony Evidence: Argumentation and the Law. Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...)
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  30. Douglas Walton (2010). Witness Testimony Evidence: Argumentation and the Law. Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...)
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  31. Douglas Walton (2007). Witness Testimony Evidence: Argumentation and the Law. Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...)
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  32.  20
    Carl F. Cranor (2005). The Science Veil Over Tort Law Policy: How Should Scientific Evidence Be Utilized in Toxic Tort Law? [REVIEW] Law and Philosophy 24 (2):139 - 210.
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  33.  3
    Richard Coker, Marianna Thomas, Karen Lock & Robyn Martin (2007). Detention and the Evolving Threat of Tuberculosis: Evidence, Ethics, and Law. Journal of Law, Medicine & Ethics 35 (4):609-615.
    The issue of detention as a public health control measure has attracted attention recently. This is because the threat of strains of tuberculosis that are resistant to a wider range of drugs has been identified, and there is renewed concern that public health is threatened. This paper considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public. We discuss the need for strengthening evidence-based assessments of public (...)
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  34.  2
    Belinda Brooks-Grodon (2002). Suzanne M. Zeedyk, and Fiona E. Raitt, The Implicit Relation of Psychology and Law: Women and Syndrome Evidence. [REVIEW] Feminist Legal Studies 10 (2):195-197.
  35.  16
    Barbara Osimani, Scientific Evidence and the Law: An Objective Bayesian Formalization of The Precautionary Principle In Pharmaceutical Regulation.
    The paper considers the legal tools that have been developed in German pharmaceutical regulation as a result of the precautionary attitude inaugurated by the Contergan decision (1970). These tools are (i) the notion of “well-founded suspicion”, which attenuates the requirements for safety intervention by relaxing the requirement of a proved causal connection between danger and source, and the introduction of (ii) the reversal of proof burden in liability norms. The paper focuses on the first and proposes seeing the precautionary principle (...)
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  36.  20
    Maria van der Schaar (1999). Evidence and the Law of Excluded Middle: Brentano on Truth. In Timothy Childers (ed.), The Logica Yearbook 1998. Filosofia
    The central question of my paper is whether there is a coherent logical theory in which truth is construed in epistemic terms and in which also some version of the law of excluded middle is defended. Brentano in his later writings has such a theory.2 My first question is whether his theory is consistent. I also make a comparison between Brentano’s view and that of an intuitionist at the present day, namely Per Martin-Löf. Such a comparison might provide some insight (...)
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  37. Richard Coker, Marianna Thomas, Karen Lock & Robyn Martin (2007). Detention and the Evolving Threat of Tuberculosis: Evidence, Ethics, and Law. Journal of Law, Medicine and Ethics 35 (4):609-615.
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  38.  34
    Lennart Åqvist (2010). Grades of Probability Modality in the Law of Evidence. Studia Logica 94 (3):307 - 330.
    The paper presents an infinite hierarchy PR m [ m = 1, 2, . . . ] of sound and complete axiomatic systems for modal logic with graded probabilistic modalities , which are to reflect what I have elsewhere called the Bolding-Ekelöf degrees of evidential strength as applied to the establishment of matters of fact in law-courts. Our present approach is seen to differ from earlier work by the author in that it treats the logic of these graded modalities not (...)
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  39.  3
    William Twining (2011). Moving Beyond Law : Interdisciplinarity and the Study of Evidence. In Philip Dawid, William Twining & Mimi Vasilaki (eds.), Evidence, Inference and Enquiry. OUP/British Academy 73.
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  40.  13
    Ian A. Burney (2002). Testing Testimony: Toxicology and the Law of Evidence in Early Nineteenth-Century England. Studies in History and Philosophy of Science Part A 33 (2):289-314.
    This essay’s principal objective is to examine how, when confronted with a case of possible criminal poisoning, early nineteenth-century English toxicologists sought to generate and to represent their evidence in the courtroom. Its contention is that in both these activities toxicologists were inextricably engaged in a complex communicative exercise. On the one hand, they distanced themselves from the instabilities of language, styling themselves as testifiers to fact alone. But at the same time, they saw themselves as deeply implicated in (...)
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  41.  3
    Randi Burnstine (2000). Evidence: Supreme Court of Georgia Denies Law Firm Access to Hospital Records. Journal of Law, Medicine & Ethics 28 (3):314-315.
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  42.  6
    Bruce D. Fisher, Steve Motowidlo & Steve Werner (1993). Effects of Gender and Other Factors on Rank of Law Professors in Colleges of Business: Evidence of a Glass Ceiling. [REVIEW] Journal of Business Ethics 12 (10):771 - 778.
    The matter of salary levels and professional advancement is much discussed and debated today in business and academe. This paper examines the matter of salary determinants for law professors in colleges of management in the U.S. with an emphasis on examining how gender might affect professorial salary and rank. By focusing on one discipline in today''s academe and in a college having great student demand (management) coupled with a professed commitment to women''s rights and by holding constant variables relevant to (...)
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  43.  3
    Seana Valentine Shiffrin (1995). Developments in the Law–DNA Evidence and the Criminal Defense. Harvard Law Review 108 (1):1557-1582.
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  44. Randi Burnstine (2000). Evidence: Supreme Court of Georgia Denies Law Firm Access to Hospital Records. Journal of Law, Medicine and Ethics 28 (3):314-315.
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  45. Hamish Stewart (2012). The Law of Evidence and the Protection of Rights. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
     
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  46. Douglas Walton, Visualization Tools, Argumentation Schemes and Expert Opinion Evidence in Law.
     
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  47.  16
    Clint Perry & Gidon Felsen (2010). Abortion Law Should Align With Evidence From Neuroscience. American Journal of Bioethics 10 (12):49-51.
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  48.  6
    Frederik Pedersen (1994). Did the Medieval Laity Know the Canon Law Rules on Marriage? Some Evidence From Fourteenth-Century York Cause Papers. Mediaeval Studies 56 (1):111-152.
  49.  3
    Andrew Botterell (2009). Rethinking Criminal Law: Critical Notice: Truth, Error, and Criminal Law: An Essay in Legal Epistemologyby Larry Laudan. Canadian Journal of Law and Jurisprudence 22 (1):93-112.
    Imagine the following. You have been asked to critically evaluate the criminal process in your home jurisdiction. In particular, you have been asked to determine whether the criminal process currently in place appropriately balances the need to maximize the chances of getting things right—of acquitting the innocent and convicting the guilty—with the need to minimize the chances of getting things wrong—of acquitting the guilty and convicting the innocent. How would you proceed? What rules of evidence and procedure would you (...)
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  50.  11
    Wael B. Hallaq (1999). Qadis Communicating: Legal Change and the Law of Documentary Evidence. Al-Qantara: Revista de Estudios Árabes 20 (2):437-466.
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