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  1. Laudan, Stein, and the Limits of Theorizing About Juridical Proof. [REVIEW]Ronald J. Allen - 2010 - Law and Philosophy 29 (2):195 - 230.
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  2. The Problematic Value of Mathematical Models of Evidence.Ronald J. Allen & Michael S. Pardo - manuscript
    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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  3. Coherence, Evidence, and Legal Proof.Amalia Amaya - 2013 - 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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  4. An Interpretation of Probability in the Law of Evidence Based on Pro-Et-Contra Argumentation.Lennart Åqvist - 2007 - 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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  5. Psychology Applied to Legal Evidence and Other Constructions of the Law.G. F. Arnold - 1914 - Philosophical Review 23 (2):211-214.
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  6. A Proof of the Objectivity of Morals.R. Bambrough - 1969 - American Journal of Jurisprudence 14 (1):37-53.
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  7. The Book of Evidence (London).John Banville - forthcoming - Minerva.
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  8. Connecting Applied and Theoretical Bayesian Epistemology: Data Relevance, Pragmatics, and the Legal Case of Sally Clark.Matthew J. Barker - 2016 - Journal of Applied Philosophy 33 (3).
    In this article applied and theoretical epistemologies benefit each other in a study of the British legal case of R. vs. Clark. Clark's first infant died at 11 weeks of age, in December 1996. About a year later, Clark had a second child. After that child died at eight weeks of age, Clark was tried for murdering both infants. Statisticians and philosophers have disputed how to apply Bayesian analyses to this case, and thereby arrived at different judgments about it. By (...)
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  9. Legal Proof and Fact Finders' Beliefs.Jordi Ferrer Beltrán - 2006 - Legal Theory 12 (4):293-314.
    In procedural-law scholarship as well as in the theoretical analysis of the notion of proof as a result of the joint assessment of all items of evidence introduced in a trial, reference is frequently made to notions such as the conviction, belief, or certainty of a judge or a jury member about what happened. All these notions underscore the mental states involved in the process of determining the facts on the part of a judge or a jury. In this analysis, (...)
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  10. “Ignorance is No Excuse”.Richard Bennett - 1997 - International Studies in Philosophy 29 (1):1-8.
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  11. A Treatise on Judicial Evidence.Jeremy Bentham - 1825 - 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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  12. Arguments, Stories and Criminal Evidence: A Formal Hybrid Theory.Floris Bex - 2011 - 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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  13. Towards a Formal Account of Reasoning About Evidence: Argumentation Schemes and Generalisations. [REVIEW]Floris Bex, Henry Prakken, Chris Reed & Douglas Walton - 2003 - 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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  14. Min Shi Su Song Zheng Ming Fang Ai Yan Jiu =.Yuqian Bi - 2010 - Beijing da Xue Chu Ban She.
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  15. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - forthcoming - In Adam Carter, Emma Gordon & Benjamin Jarvis (eds.), Knowledge First,. Oxford, UK: Oxford University Press.
    The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...)
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  16. 7 Legal Evidence: Judging the Verities of Advocates.Cherie Booth - 2008 - In Andrew Bell, John Swenson-Wright & Karin Tybjerg (eds.), Evidence. Cambridge University Press. pp. 19--149.
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  17. Reconsidering the Role of Judicial Notice in Establishing the Reliability of Forensic Science Evidence.Taylor F. Brinkman - unknown
    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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  18. Fa Guan Zheng Ju Ping Pan Yan Jiu =.Jingtian Chen - 2012 - Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  19. Wibŏp Sujip Chŭnggŏ Paeje Pŏpchʻik.Kuk Cho - 2005 - Pagyŏngsa.
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  20. On Analyzing the Standards of Forensic Evidence: A Reply to Schoeman.L. Jonathan Cohen - 1987 - Philosophy of Science 54 (1):92-97.
    Ferdinand Schoeman (1986) attempts to refute six arguments that I gave in The Probable and the Provable (1977, pp. 49-120) for not analyzing the standards of forensic proof in terms of any concept of probability that conforms to the familiar principles of the mathematical calculus of chance. But he evidently does not appreciate the strength of the case for rejecting the validity of any such analysis. In the course of discussing his criticisms, I shall add a seventh argument to fortify (...)
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  21. The Probable and the Provable.L. Jonathan Cohen - 1977 - Clarendon Press.
    The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction applies (...)
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  22. Toward Evidence-Based Evidence: Supporting Forensic Knowledge Claims in the Post-Daubert Era.Simon A. Cole - unknown
    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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  23. Evidence Law Adrift.Mirjan R. Damaška - 1997 - 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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  24. 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.Housheng Duan - 2011 - Fa Lü Chu Ban She.
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  25. Zheng Ming Ping Jia Ying Xiang Yin Su Fen Xi =.Housheng Duan - 2009 - Fa Lü Chu Ban She.
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  26. Zheng Ming Biao Zhun Wen Ti Yan Jiu.Shuchen Duan - 2007 - Ren Min Fa Yuan Chu Ban She.
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  27. Evidence Law.Gary Edmond & David Hamer - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
    This article reviews contemporary response to several contrasting strands of recent empirical work. It begins with discussing the scope and rationale of evidence law. Experimental studies on eyewitness memory and testimony illustrate the potential value of empirical studies to the practice of investigations, prosecutions, and appeals. This article discusses several lines of empirical inquiry employing diverse methodologies, experiments, surveys, and approaches and reviews their limitations, and implications and significance for the understanding and practice of law. Many of the contributions from (...)
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  28. Psychological Research on Heuristics Meets the Law.Christoph Engel - 2000 - 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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  29. Avoiding Trial by Rumor: Identifying the Due Process Threshold for Hearsay Evidence After the Demise of the Ohio V. Roberts 'Reliability' Standard.Jules Epstein - manuscript
    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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  30. La Carga de la Prueba (Onus Probandi).Jorge Fábrega P. - 2012 - Cultural Portobelo.
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  31. Estudios Sobre la Prueba.Jordi Ferrer Beltrán (ed.) - 2006 - Universidad Nacional Autónoma de México.
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  32. More Seeing is Believing: Dramatic Evidence of a Creator-God.Mark Finley - 1999 - Pacific Press.
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  33. The Illiberal Fruits of Corruption.Joseph S. Fulda - 2013 - 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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  34. La Prueba Legal.Carlo Furno - 2008 - Leyer.
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  35. Verdad y Proceso.Carlo Furno - 2008 - Leyer.
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  36. Evidentiary Value: Philosophical, Judicial, and Psychological Aspects of a Theory: Essays Dedicated to Sören Halldén on His Sixtieth Birthday.Peter Gärdenförs, Bengt Hansson, Nils-Eric Sahlin & Sören Halldén (eds.) - 1983 - C.W.K. Gleerups.
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  37. In Defence of Reasonable Doubt.Georgi Gardiner - 2017 - Journal of Applied Philosophy 34 (2):221-241.
    In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...)
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  38. Reasonable Doubt : Uncertainty in Education, Science and Law.Tony Gardner-Medwin - 2011 - In Philip Dawid, William Twining & Mimi Vasilaki (eds.), Evidence, Inference and Enquiry. Oup/British Academy. pp. 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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  39. Modeling the Forensic Two-Trace Problem with Bayesian Networks.Simone Gittelson, Alex Biedermann, Silvia Bozza & Franco Taroni - 2013 - 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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  40. Legal Evidence.Alvin I. Goldman - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell. pp. 163--175.
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  41. The Carneades Model of Argument and Burden of Proof.Thomas F. Gordon, Henry Prakken & Douglas N. Walton - 2007 - 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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  42. Commentary: The State of 'Doctrinal' 'Practical' 'Evidence' Scholarship; Ruminations of an Evidence Geek.Michael H. Graham - manuscript
    Several years ago I began to ruminate about the state of evidence scholarship. I had noticed that it seemed that very few evidence law review artilces were being published. Clatter on the evidence professor internet site was extremely infrequent, appearing to come to life solely in reponse to major Supreme Court decisions. It seemed like the players in the field of doctrinal practical evidence scholarship were and still are the same individuals active during my early years of law teaching in (...)
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  43. Suing One's Sense Faculties for Fraud: 'Justifiable Reliance' in the Law as a Clue to Epistemic Justification.Christopher R. Green - 2007 - 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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  44. An Jian Shi Shi Ren Ding Fang Fa =.Hua Guo - 2009 - Zhongguo Ren Min Gong an da Xue Chu Ban She.
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  45. Evidence Matters: Science, Proof, and Truth in the Law.Susan Haack - 2014 - Cambridge University Press.
    Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore (...)
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  46. The Embedded Epistemologist: Dispatches From the Legal Front.Susan Haack - 2012 - 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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  47. Proving Causation: The Holism of Warrant and the Atomism of Daubert.Susan Haack - 2008 - 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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  48. Hard Cases: A Procedural Approach. [REVIEW]Jaap C. Hage, Ronald Leenes & Arno R. Lodder - 1993 - 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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  49. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - 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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  50. O.K. Bouwsma, Without Proof Or Evidence. [REVIEW]J. Hunter - 1985 - Philosophy in Review 5:49-52.
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