15 found
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  1.  55
    Safety Vs. Sensitivity: Possible Worlds and the Law of Evidence.Michael S. Pardo - 2018 - Legal Theory 24 (1):50-75.
    ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...)
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  2.  73
    Juridical Proof and the Best Explanation.Michael S. Pardo & Ronald J. Allen - 2008 - Law and Philosophy 27 (3):223 - 268.
  3.  2
    Philosophical Foundations of Law and Neuroscience.Dennis Michael Patterson & Michael S. Pardo (eds.) - 2016 - Oxford University Press UK.
    Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
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  4.  62
    The Problematic Value of Mathematical Models of Evidence.Ronald J. Allen & Michael S. Pardo - 2007
    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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  5.  35
    The Gettier Problem and Legal Proof: Michael S. Pardo.Michael S. Pardo - 2010 - Legal Theory 16 (1):37-57.
    This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in (...)
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  6.  57
    The Field of Evidence and the Field of Knowledge.Michael S. Pardo - 2004 - Law and Philosophy 24 (4):321-392.
  7.  26
    Neuroscience Evidence, Legal Culture, and Criminal Procedure.Michael S. Pardo - manuscript
    Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes the (...)
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  8.  6
    Grounding Legal Proof.Michael S. Pardo - forthcoming - Philosophical Issues.
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  9. Grounding Legal Proof.Michael S. Pardo - forthcoming - Wiley-Online-Library: Philosophical Issues.
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  10. Minds, Brains, and Law: The Conceptual Foundations of Law and Neuroscience.Michael S. Pardo & Dennis Patterson - 2013 - Oxford University Press USA.
    This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
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  11.  40
    Morse, Mind, and Mental Causation.Michael S. Pardo & Dennis Patterson - 2017 - Criminal Law and Philosophy 11 (1):111-126.
    Stephen Morse’s illuminating scholarship on law and neuroscience relies on a “folk psychological” account of human behavior in order to defend the law’s foundations for ascribing legal responsibility. The heart of Morse’s account is the notion of “mental state causation,” in which mental states cause behavior. Morse argues that causation of this sort is necessary to support legal responsibility. We challenge this claim. First, we discuss problems with the conception of mental causation on which Morse appears to rely. Second, we (...)
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  12.  50
    More on the Conceptual and the Empirical: Misunderstandings, Clarifications, and Replies. [REVIEW]Michael S. Pardo & Dennis Patterson - 2011 - Neuroethics 4 (3):215-222.
    At the invitation of the Editors, we wrote an article (entitled, “Minds, Brains, and Norms”) detailing our views on a variety of claims by those arguing for the explanatory power of neuroscience in matters of law and ethics. The Editors invited comments on our article from four distinguished academics (Walter Glannon, Carl Craver, Sarah Robins, and Thomas Nadelhoffer) and invited our reply to their critique of our views. In this reply to our commentators, we correct some potential misunderstandings of our (...)
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  13.  35
    More on the Gettier Problem and Legal Proof.Michael S. Pardo - 2011 - Legal Theory 17 (1):75-80.
  14.  16
    Review of Douglas Walton, Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law[REVIEW]Michael S. Pardo - 2008 - Notre Dame Philosophical Reviews 2008 (11).
  15.  15
    Symposium on Minds, Brains, and Law: A Reply.Michael S. Pardo & Dennis Patterson - 2016 - Jurisprudence 7 (1):181-191.
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