Editors' Review and Introduction: Models of Rational Proof in Criminal Law

Topics in Cognitive Science 12 (4):1053-1067 (2020)
  Copy   BIBTEX

Abstract

Decisions concerning proof of facts in criminal law must be rational because of what is at stake, but the decision‐making process must also be cognitively feasible because of cognitive limitations, and it must obey the relevant legal–procedural constraints. In this topic three approaches to rational reasoning about evidence in criminal law are compared in light of these demands: arguments, probabilities, and scenarios. This is done in six case studies in which different authors analyze a manslaughter case from different theoretical perspectives, plus four commentaries on these case studies. The aim of this topic is to obtain more insight into how the different approaches can be applied in a legal context. This will advance the discussion on rational reasoning about evidence in law and will contribute more widely to cognitive science on a number of topics, including the value of probabilistic accounts of cognition and the problem of dealing with cognitive biases in reasoning under uncertainty in practical contexts.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,612

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Analyzing the Simonshaven Case With and Without Probabilities.Bart Verheij - 2020 - Topics in Cognitive Science 12 (4):1175-1199.
Scenarios, Probability, and Evidence Scholarship, Old and New.Paul Roberts - 2020 - Topics in Cognitive Science 12 (4):1213-1218.
Proof with and without probabilities.Bart Verheij - 2017 - Artificial Intelligence and Law 25 (1):127-154.
Legal stories and the process of proof.Floris Bex & Bart Verheij - 2013 - Artificial Intelligence and Law 21 (3):253-278.

Analytics

Added to PP
2020-11-05

Downloads
35 (#445,115)

6 months
16 (#218,157)

Historical graph of downloads
How can I increase my downloads?

Author's Profile