Results for 'Evidence (Law Philosophy'

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  1. 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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  2.  3
    Foundations of Evidence Law.Alex Stein - 2005 - 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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  3.  63
    Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law.Douglas Walton - 2007 - 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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  4.  41
    Prospects and Problems for the Social Epistemology of Evidence Law.Brian Leiter - 2001 - Philosophical Topics 29 (1/2):319-332.
  5. 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 (...)
     
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  6. Philosophy and the Precautionary Principle: Science, Evidence, and Environmental Policy.Daniel Steel - 2014 - Cambridge University Press.
    Scholars in philosophy, law, economics and other fields have widely debated how science, environmental precaution, and economic interests should be balanced in urgent contemporary problems, such as climate change. One controversial focus of these discussions is the precautionary principle, according to which scientific uncertainty should not be a reason for delay in the face of serious threats to the environment or health. While the precautionary principle has been very influential, no generally accepted definition of it exists and critics charge (...)
     
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  7.  36
    Arguments and Stories in Legal Reasoning: The Case of Evidence Law.Gianluca Andresani - 2020 - Archiv Fuer Rechts Und Sozialphilosphie 106 (1):75-90.
    We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...)
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  8. Sensitivity, Causality, and Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2015 - 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 implausibly committed to (...)
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  9. Evidence, Miracles, and the Existence of Jesus.Stephen Law - 2011 - 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 a (...)
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  10.  67
    Scientific Evidence and the Law: An Objective Bayesian Formalisation of the Precautionary Principle in Pharmaceutical Regulation.Barbara Osimani - 2011 - Journal of Philosophy, Science and Law 11:1-24.
    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. These tools are 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 the reversal of proof burden in liability norms. The paper focuses on the first and proposes seeing the precautionary principle as an instance (...)
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  11. Does Biology Have Laws? The Experimental Evidence.Robert N. Brandon - 1997 - Philosophy of Science 64 (4):457.
    In this paper I argue that we can best make sense of the practice of experimental evolutionary biology if we see it as investigating contingent, rather than lawlike, regularities. This understanding is contrasted with the experimental practice of certain areas of physics. However, this presents a problem for those who accept the Logical Positivist conception of law and its essential role in scientific explanation. I address this problem by arguing that the contingent regularities of evolutionary biology have a limited range (...)
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  12. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
     
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  13. Residues of Justice: Literature, Law, Philosophy.Wai Chee Dimock - 1996 - University of California Press.
    In this arresting book, Wai Chee Dimock takes on the philosophical tradition from Kant to Rawls, challenging its conception of justice as foundational, self-evident, and all-encompassing. The idea of justice is based on the premise that the world can be resolved into commensurate terms: punishment equal to the crime, redress equal to the injury, benefit equal to the desert. Dimock focuses, however, on what remains unexhausted, unrecovered, and noncorresponding in the exercise of justice. To honor these "residues," she turns to (...)
     
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  14. Evidence and Inference in History and Law: Interdisciplinary Dialogues.William L. Twining & Iain Hampsher-Monk (eds.) - 2003 - Northwestern University Press.
    However little that various disciplines in the humanities and social sciences might seem to have in common, they share certain interests in methodological problems relating to evidence, inference, and interpretation. By pursuing these shared interests across divergent topics and fields, the contributors to this book advance our understanding of how such truth-seeking, proof-finding methods work, and of what it means to prove something in a range of contexts. Coedited by William Twining, one of the world's outstanding evidence scholars, (...)
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  15.  3
    Law and Truth: A Theory of Evidence.Hannu Tapani Klami - 2000 - Finnish Academy of Science and Letters.
  16.  19
    Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.François Tanguay-Renaud & James Stribopoulos (eds.) - 2012 - Hart Publishing.
    In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the (...)
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  17.  5
    Evidence and Association: Epistemic Confusion in Toxic Tort Law.Mark Parascandola - 1996 - Philosophy of Science 63 (5):S168-S176.
    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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  18. The Criminal Trial, the Rule of Law and the Exclusion of Unlawfully Obtained Evidence.Hock Lai Ho - 2016 - 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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  19. The Philosophy of Law Classic and Contemporary Readings with Commentary.Frederick Schauer & Walter Sinnott-Armstrong - 1996 - Oxford University Press USA.
    Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and (...)
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  20.  38
    Self-Evidence, Human Nature, and Natural Law.Mark C. Murphy - 1995 - American Catholic Philosophical Quarterly 69 (3):471-484.
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  21. Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a (...)
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  22.  3
    Reason and Evidence: Contributions to Philosophy, Ethics, Law, Professionalism and Education in Medicine.Malcolm Parker - unknown
    The materials consist of a co-authored, peer-reviewed book, a co-authored, peer-reviewed book chapter, 30 single authored peer-reviewed journal papers, and 15 co-authored peer-reviewed journal papers, of which I was the lead author on 8 papers. There are 32 papers from Australasian journals, at least two of which are also regarded as international. 22 papers are published in international journals. The co-authored book was favourably described in his foreword by Justice Michael Kirby of the High Court of Australia. The refereed chapter (...)
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  23. Evidence, Proof, and Facts: A Book of Sources.Peter Murphy (ed.) - 2003 - New York ;Oxford University Press.
    This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor also raises issues such as the philosophical basis for the use of evidence.
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  24.  69
    Space–Time Philosophy Reconstructed Via Massive Nordström Scalar Gravities? Laws Vs. Geometry, Conventionality, and Underdetermination.J. Brian Pitts - 2016 - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics 53:73-92.
    What if gravity satisfied the Klein-Gordon equation? Both particle physics from the 1920s-30s and the 1890s Neumann-Seeliger modification of Newtonian gravity with exponential decay suggest considering a "graviton mass term" for gravity, which is _algebraic_ in the potential. Unlike Nordström's "massless" theory, massive scalar gravity is strictly special relativistic in the sense of being invariant under the Poincaré group but not the 15-parameter Bateman-Cunningham conformal group. It therefore exhibits the whole of Minkowski space-time structure, albeit only indirectly concerning volumes. Massive (...)
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  25.  37
    Cohen on Inductive Probability and the Law of Evidence.Ferdinand Schoeman - 1987 - 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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  26.  37
    Evidence and Association: Epistemic Confusion in Toxic Tort Law.Mark Parascandola - 1996 - 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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  27. Evidence, Miracles, and the Existence of Jesus: Comments on Stephen Law.Robert Greg Cavin & Carlos A. Colombetti - 2014 - Faith and Philosophy 31 (2):204-216.
    We use Bayesian tools to assess Law’s skeptical argument against the historicity of Jesus. We clarify and endorse his sub-argument for the conclusion that there is good reason to be skeptical about the miracle claims of the New Testament. However, we dispute Law’s contamination principle that he claims entails that we should be skeptical about the existence of Jesus. There are problems with Law’s defense of his principle, and we show, more importantly, that it is not supported by Bayesian considerations. (...)
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  28. Philosophy of Law: Classic and Contemporary Readings with Commentary.Frederick Schauer & Walter Sinnott-Armstrong - 2001 - Oxford University Press USA.
    Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and (...)
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  29.  31
    Evidence in History and in the Law.Nicholas Rescher & Carey B. Joynt - 1959 - Journal of Philosophy 56 (13):561-578.
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  30.  50
    The Science Veil Over Tort Law Policy: How Should Scientific Evidence Be Utilized in Toxic Tort Law? [REVIEW]Carl F. Cranor - 2005 - Law and Philosophy 24 (2):139 - 210.
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  31. Criminal Law, Multicultural Jurisdictions and Cultural Evidence.Luís Cordeiro-Rodrigues - 2016 - South African Journal of Philosophy 35 (2):184-196.
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  32. The Law of Evidence and the Protection of Rights.Hamish Stewart - 2012 - 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.
  33.  12
    Evidence in Anti-Doping at the Intersection of Science and Law.Jacob Kornbeck - 2018 - Sport, Ethics and Philosophy 13 (2):259-265.
    Volume 13, Issue 2, May 2019, Page 259-265.
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  34. Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.
    H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in (...)
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  35. Rehabilitating Statistical Evidence.Lewis Ross - 2021 - Philosophy and Phenomenological Research 102 (1):3-23.
    Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to (...)
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  36.  21
    Evidence and Method: Scientific Strategies of Isaac Newton and James Clerk Maxwell.Peter Achinstein - 2013 - Oup Usa.
    In this book, Peter Achinstein proposes and defends several objective concepts of evidence. He then explores the question of whether a scientific method, such as that represented in the four "Rules for the Study of Natural Philosophy" that Isaac Newton invoked in proving his law of gravity, can be employed in demonstrating how the proposed definitions of evidence are to be applied to real scientific cases.
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  37.  11
    Confrontation and Its Problems: Can the History of Science Provide Evidence for the Philosophy of Science?Thodoris Dimitrakos - forthcoming - Journal of the Philosophy of History:1-32.
    In this paper I am concerned with the relation between the history of science and the philosophy of science from the perspective of philosophy. In particular, I examine two philosophical objections against the idea that the history of science can provide evidences to the philosophy of science. The first objection is metaphysical and suggests that given Hume’s law, i.e. that norms cannot be derived from facts and given that the history of science is a descriptive enterprise while (...)
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  38.  70
    Miracles, Evidence, and God.Robert Larmer - 2003 - Dialogue 42 (1):107-.
    In "Miracles as Evidence Against the Existence of God," (’Southern Journal of Philosophy’, 1985) Christine Overall argued that the occurrence of miracles would constitute evidence against the existence of God, on the grounds that miracles are violations of natural law or permanently inexplicable events and, as such, would be inconsistent with the supposed purposes of God. In ’Water Into Wine?’ (MacGill-Queen’s, 1988), I argued that her argument fails once a more adequate definition of miracle is adopted. In (...)
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  39.  70
    Grades of Probability Modality in the Law of Evidence.Lennart Åqvist - 2010 - 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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  40.  70
    Novel Evidence and Severe Tests.Deborah G. Mayo - 1991 - Philosophy of Science 58 (4):523-552.
    While many philosophers of science have accorded special evidential significance to tests whose results are "novel facts", there continues to be disagreement over both the definition of novelty and why it should matter. The view of novelty favored by Giere, Lakatos, Worrall and many others is that of use-novelty: An accordance between evidence e and hypothesis h provides a genuine test of h only if e is not used in h's construction. I argue that what lies behind the intuition (...)
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  41. The Science of Conjecture: Evidence and Probability Before Pascal.James Franklin - 2001 - Baltimore, USA: Johns Hopkins University Press.
    How were reliable predictions made before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? The book examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. Also included are the problem of induction before Hume, design (...)
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  42.  8
    Laws of Nature, Corpuscules, and Concourse: Non-Occasionalist Tendencies in the Natural Philosophy of Robert Boyle.Struan Jacobs - 1994 - Journal of Philosophical Research 19:373-393.
    It has been said that Robert Boyle gave in the century of The Scientific Revolution the “fullest expression” of the view that laws of nature are continually impressed by God. So regarded, the universe is anything but an autonomous machine, its ordered operation depending on God’s continuous imposition of lawful, patterned relations between phenomena and his continuous provision of motion for them to actually enter relations. The present paper contests this treatment of Boyle. Evidence is elicited to show that, (...)
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  43. Law and Evil: Philosophy, Politics, Psychoanalysis.Ari Hirvonen & Janne Porttikivi (eds.) - 2011 - Routledge-Cavendish.
    _Law and Evil_ opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said 'the problem of evil will be the fundamental question of post-war intellectual life in Europe'. This statement is, unfortunately, more than valid in the contemporary world: not only in the events of war, crimes against humanity, terror, repression, criminality, violence, torture, human trafficking, and so on; but also as evil is used rhetorically to (...)
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  44. Biology’s First Law: The Tendency for Diversity and Complexity to Increase in Evolutionary Systems.Daniel W. McShea & Robert N. Brandon - 2010 - University of Chicago Press.
    1 The Zero-Force Evolutionary Law 2 Randomness, Hierarchy, and Constraint 3 Diversity 4 Complexity 5 Evidence, Predictions, and Tests 6 Philosophical Foundations 7 Implications.
     
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  45. Relevant Evidence.Clark Glymour - 1975 - Journal of Philosophy 72 (14):403-426.
    S CIENTISTS often claim that an experiment or observation tests certain hypotheses within a complex theory but not others. Relativity theorists, for example, are unanimous in the judgment that measurements of the gravitational red shift do not test the field equations of general relativity; psychoanalysts sometimes complain that experimental tests of Freudian theory are at best tests of rather peripheral hypotheses; astronomers do not regard observations of the positions of a single planet as a test of Kepler's third law, even (...)
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  46. Psychology Applied to Legal Evidence and Other Constructions of the Law. [REVIEW]John H. Wigmore - 1914 - Philosophical Review 23 (2):211-214.
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  47.  2
    Facts in Law: Association for Legal and Social Philosophy, Ninth Annual Conference at Hatfield College, University of Durham, 2nd-4th April 1982. [REVIEW]William L. Twining (ed.) - 1983 - Steiner.
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  48. Mechanisms and Laws: Clarifying the Debate.Marie I. Kaiser & C. F. Craver - 2013 - In H.-K. Chao, S.-T. Chen & R. Millstein (eds.), Mechanism and Causality in Biology and Economics. Dordrecht: Springer. pp. 125-145.
    Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, (...)
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    Some Logico-Semantical Themes in Karl Olivecrona's Philosophy of Law: A Non-Exegetical Approach.Lennart Åqvist - 2008 - Theoria 74 (4):271-294.
    The paper deals with certain issues with which Olivecrona was mainly concerned in his Philosophy of Law, notably (i) his views about the logical or syntactical form of imperatives as used in the law, and (ii) his views on the semantics of imperatives in the law and on the question whether and to what extent the notions of truth and falsity are applicable to those imperatives at all. In the light of an important critical notice of Olivecrona's work by (...)
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  50. Psychological Laws.Arnold Silverberg - 2003 - Erkenntnis 58 (3):275-302.
    John McDowell claims that the propositional attitudes, and our conceptual abilities in general, are not appropriate topics for inquiry of the sort that is done in natural science. He characterizes the natural sciences as making phenomena intelligible in terms of their place in the realm of laws of nature. He claims that this way of making phenomena intelligible contrasts crucially with essential features of our understanding of propositional attitudes and conceptual abilities. In this article I show that scientific work of (...)
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