View topic on PhilPapers for more information
Related categories

187 found
Order:
More results on PhilPapers
1 — 50 / 187
Material to categorize
  1. Souled Out of Rights? – Predicaments in Protecting the Human Spirit in the Age of Neuromarketing.Alexander Sieber - 2019 - Life Sciences, Society and Policy 15 (6):1-11.
    Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim to the (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. Is the ‘Hate’ in Hate Speech the ‘Hate’ in Hate Crime? Waldron and Dworkin on Political Legitimacy.Rebecca Ruth Gould - 2019 - Jurisprudence 10 (2):171-187.
    Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. Нормативність моралі і права у філософії Г. Гегеля.Tatyana Pavlova - 2019 - Гілея: Науковий Вісник 2 (141):104-106.
    Проблема раціональності соціальних регуляторів таких як мораль і право завжди цікавила філософів. Розвиток уявлень про раціональність можна вважати певним соціально–культурним, історичним процесом зміни уявлень про неї, він є загальносвітовий розумний процес. Філософію і науку можна розглядати як різні прояви цього процесу, що по–різному реалізують як раціональність так і розумність. Ці важливі питання піднімає у своїй філософській системі відомий представник німецької класичної філософії Г. Гегель. Звернення до філософської системи Г. Гегеля щодо проблеми нормативності не є випадковим. Критерії її раціональності достатньо важко (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  4. Juridisch-filosofische stellingen.Mathijs Notermans - manuscript
    Juridisch-filosofische stellingen. Proeve van en aanzet tot een Kelseniaanse 'Juridisch-filosofische verhandeling' naar analogie van Wittgensteins Tractatus Logico-Philosophicus. Het is mogelijk een Kelseniaanse 'juridisch-filosofische verhandeling' te schrijven naar het voorbeeld van Wittgensteins Tractatus Logico-Philosophicus. De volgende hoofd- en eerstvolgende substellingen overeenkomstig de hoofd- en eerstvolgende substellingen van de Tractatus zijn een proeve daarvan en vormen een eerste aanzet daartoe ("Mogen anderen komen en het beter doen"). Anders dan Wittgensteins Tractatus die eindigt met de beroemde hoofdstelling 7 dat men van datgene moet (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  5. Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  6. ESTADO E GOVERNO NO PENSAMENTO DE MARSÍLIO DE PÁDUA: RAÍZES MEDIEVAIS DE UMA TEORIA MODERNA.J. L. Ames - 2003 - Ética and Filosofia Política 6 (2):0-0.
    This study brings light to the concepts of State and Government in the thought of Marsilio de Padua pointing out to profoundly modern institutions present in the reflection of this medieval philosopher. We attempt to show that Marsilio de Padua reflects based on Aristotle´s categories, but proposes a State and Government conception different from that common place of medieval politics as he insists on the need of the popular consent as a criterion of political legitimacy. -/- O estudo explicita os (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  7. International Relations, Hegemony and the ICC.Orrù Elisa - 2012 - IUSE (Istituto Universitario di Studi Europei) Working Papers 1 (4-DSE):1-12.
    The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  8. Law and violence or legitimizing politics in Machiavelli.J. L. Ames - 2011 - Trans/Form/Ação 34 (1):21-42.
    One of the Machiavelli's most famous and innovative thesis states that good laws arise from social conflicts, according to the Roman Empire example of the opposition between plebs and nobles. Conflicts are able to bring about order in virtue of the characteristic constrictive force of necessity, which prevents the ambition to prevail. Nonetheless, law does not neutralize the conflict; just give it a regulation. So, law is subjected to history, to the continuous change, which means that it is potentially corruptible. (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  9. Beyond Paper.David Koepsell & Barry Smith - 2014 - The Monist 97 (2):222–235.
    The authors outline the way in which documents as social objects have evolved from their earliest forms to the electronic documents of the present day. They note that while certain features have remained consistent, processes regarding document authentication are seriously complicated by the easy reproducibility of digital entities. The authors argue that electronic documents also raise significant questions concerning the theory of ‘documentality’ advanced by Maurizio Ferraris, especially given the fact that interactive documents seem to blur the distinctions between the (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  10. Positive and Natural Law Revisited.David-Hillel Ruben - 1972 - Modern Schoolman 49 (4):295-317.
    The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
Causation in the Law
  1. Criminal Responsibility.Ken M. Levy - 2019 - In Robert D. Morgan (ed.), SAGE Encyclopedia of Criminal Psychology. Thousand Oaks, California, USA: Sage Publishing. pp. 269-272.
    This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. Deviant Causation and the Law.Sara Bernstein - manuscript
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. Complicity.Saba Bazargan-Forward - 2017 - In Marija Jankovic & Kirk Ludwig (eds.), Routledge Handbook on Collective Intentionality. Routledge University Press.
    Complicity marks out a way that one person can be liable to sanctions for the wrongful conduct of another. After describing the concept and role of complicity in the law, I argue that much of the motivation for presenting complicity as a separate basis of criminal liability is misplaced; paradigmatic cases of complicity can be assimilated into standard causation-based accounts of criminal liability. But unlike others who make this sort of claim I argue that there is still room for genuine (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. Responsibility Regardless of Causation.Federico Faroldi - 2014 - In Bacchini, Dell'Utri & Caputo (eds.), New Advances in Causation, Agency, and Moral Responsibility. Cambridge Scholars Press.
    This paper deals with the relationship between legal responsibility and causation. I argue that legal responsibility is not necessarily rooted in causation. The general claim I aim to disprove is that responsibility is descriptive because it is fundamentally rooted in causality, and causality is metaphysically real and founded. My strategy is twofold. First, I show (in §1) that there are significant and independent non- causal form of responsibility that cannot be reduced to causal responsibility; second, in §2, I show that (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  7. Causal Proportions and Moral Responsibility.Sara Bernstein - 2017 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility, Volume 4. Oxford: Oxford University Press. pp. 165-182.
    This paper poses an original puzzle about the relationship between causation and moral responsibility called The Moral Difference Puzzle. Using the puzzle, the paper argues for three related ideas: (1) the existence of a new sort of moral luck; (2) an intractable conflict between the causal concepts used in moral assessment; and (3) inability of leading theories of causation to capture the sorts of causal differences that matter for moral evaluation of agents’ causal contributions to outcomes.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   3 citations  
  8. The Good, the Bad, and the Timely: How Temporal Order and Moral Judgment Influence Causal Selection.Kevin Reuter, Lara Kirfel, Raphael van Riel & Luca Barlassina - 2014 - Frontiers in Psychology 5:1-10.
    Causal selection is the cognitive process through which one or more elements in a complex causal structure are singled out as actual causes of a certain effect. In this paper, we report on an experiment in which we investigated the role of moral and temporal factors in causal selection. Our results are as follows. First, when presented with a temporal chain in which two human agents perform the same action one after the other, subjects tend to judge the later agent (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   8 citations  
  9. Making Causal Counterfactuals More Singular, and More Appropriate for Use in Law.Geert Keil - 2013 - In Benedikt Kahmen Markus Stepanians (ed.), Causation and Responsibility: Critical Essays. De Gruyter. pp. 157-189.
    Unlike any other monograph on legal liability, Michael S. Moore’s book CAUSATION AND RESPONSIBILITY contains a well-informed and in-depth discussion of the metaphysics of causation. Moore does not share the widespread view that legal scholars should not enter into metaphysical debates about causation. He shows respect for the subtleties of philosophical debates on causal relata, identity conditions for events, the ontological distinctions between events, states of affairs, facts and tropes, and the counterfactual analysis of event causation, and he considers all (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  10. A Cognitive Neuroscience Framework for Understanding Causal Reasoning and the Law.Jonathan A. Fugelsang & Kevin N. Dunbar - 2006 - In Semir Zeki & Oliver Goodenough (eds.), Law and the Brain. Oxford University Press. pp. 157--166.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  11. The Confirmation of Singular Causal Statements by Carnap’s Inductive Logic.Yusuke Kaneko - 2012 - Logica Year Book 2011.
    The aim of this paper is to apply inductive logic to the field that, presumably, Carnap never expected: legal causation. Legal causation is expressible in the form of singular causal statements; but it is distinguished from the customary concept of scientific causation, because it is subjective. We try to express this subjectivity within the system of inductive logic. Further, by semantic complement, we compensate a defect found in our application, to be concrete, the impossibility of two-place predicates (for causal relationship) (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  12. Is the Risk–Liability Theory Compatible with Negligence Law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis of (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   4 citations  
  13. Fact and Law in the Causal Inquiry.Alex Broadbent - 2009 - Legal Theory 15 (3):173-191.
    This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   10 citations  
  14. The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  15. Compensation for Mere Exposure to Risk.Nicole A. Vincent - 2005 - Australian Journal of Legal Philosophy 29:89-101.
    It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  16. Singular Causal Statements and Strict Deterministic Laws.Noa Latham - 1987 - Pacific Philosophical Quarterly 68 (1):29-43.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   7 citations  
  17. The Talk I Was Supposed to Give….Achille C. Varzi - 2006 - In Andrea Bottani & Richard Davies (eds.), Modes of Existence: Papers in Ontology and Philosophical Logic. Ontos Verlag. pp. 131–152.
    Assuming that events form a genuine ontological category, shall we say that a good inventory of the world ought to include “negative” events—failures, omissions, things that didn’t happen—along with positive ones? I argue that we shouldn’t. Talk of non-occurring events is like talk of non-existing objects and should not be taken at face value. We often speak as though there were such things, but deep down we want our words to be interpreted in such a way as to avoid serious (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   11 citations  
Evidence and Proof in Law
  1. Explaining the Justificatory Asymmetry Between Statistical and Individualized Evidence.Renee Bolinger - forthcoming - In Jon Robson & Zachary Hoskins (eds.), Truth and Trial. Routledge.
    In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical evidence, this (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  2. Statistical Evidence, Normalcy, and the Gatecrasher Paradox.Michael Blome-Tillmann - 2020 - Mind 129 (514):563-578.
    Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the pertinent (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  3. Recent Work on the Proof Paradox.Lewis D. Ross - forthcoming - Philosophy Compass.
    Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  4. No Two Sets the Same? Applying Philosophy to the Theory of Fingerprints.Hugh V. McLachlan - 1995 - Philosopher: Journal of the Philosophical Society of England 83 (2):12-18.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  5. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2019 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  6. Sensitivity, Safety, and the Law: A Reply to Pardo.David Enoch & Levi Spectre - 2019 - Legal Theory 25 (3):178-199.
    ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  7. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows a (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   2 citations  
  8. Legal Epistemology.Georgi Gardiner - 2019 - Oxford Bibliographies Online.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  9. Flaming Misogyny or Blindly Zealous Enforcement? The Bizarre Case of R V George.Lucinda Vandervort - 2019 - Manitoba Law Journal 42 (3):1-38.
    This article examines the distinction between judicial reasoning flawed by errors on questions of law, properly addressed on appeal, and errors that constitute judicial misconduct and are grounds for removal from the bench. Examples analysed are from the transcripts and reasons for decision in R v George SKQB (2015), appealed to the Saskatchewan Court of Appeal (2016) and the Supreme Court of Canada (2017), and from the sentencing decision rendered by the same judge more than a decade earlier in R (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  10. Against Legal Probabilism.Martin Smith - forthcoming - In Jon Robson & Zachary Hoskins (eds.), Truth and Trial. Routledge.
    Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  11. Accuracy and Statistical Evidence.Arif Ahmed - manuscript
    Abstract. Suppose that the word of an eyewitness makes it 80% probable that A committed a crime, and that B is drawn from a population in which the incidence rate of that crime is 80%. Many philosophers and legal theorists have held that if this is our only evidence against those parties then (i) we may be justified in finding against A but not against B; but (ii) that doing so incurs a loss in the accuracy of our findings. This (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  12. Justified Belief and Just Conviction.Clayton Littlejohn - forthcoming - In Jon Robson & Zachary Hoskins (eds.), Truth and Trial. Routledge.
    Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  13. Religious Conscientious Objections and Insulation From Evidence.Joseph Dunne - 2018 - Journal of Ethical Urban Living 1 (2):23-40.
    Religion is often singled out for special legal treatment in Western societies - which raises an important question: what, if anything, is special about religious conscience beliefs that warrants such special legal treatment? In this paper, I will offer an answer to this specialness question by investigating the relationship between religious conscientious objections and their insulation from relevant evidence. I will begin my analysis by looking at Brian Leiter’s arguments that religious beliefs are insulated from evidence and not worthy of (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  14. The Objective Bayesian Conceptualisation of Proof and Reference Class Problems.James Franklin - 2011 - Sydney Law Review 33 (3):545-561.
    The objective Bayesian view of proof (or logical probability, or evidential support) is explained and defended: that the relation of evidence to hypothesis (in legal trials, science etc) is a strictly logical one, comparable to deductive logic. This view is distinguished from the thesis, which had some popularity in law in the 1980s, that legal evidence ought to be evaluated using numerical probabilities and formulas. While numbers are not always useful, a central role is played in uncertain reasoning by the (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Against the Alleged Insufficiency of Statistical Evidence.Sam Fox Krauss - forthcoming - Florida State University Law Review 47.
    Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   1 citation  
  16. Plausibility and Reasonable Doubt in the Simonshaven Case.Marcello Di Bello - forthcoming - Topics in Cognitive Science.
    I comment on two analyses of the Simonshaven case: one by Prakken (2019), based on arguments, and the other by van Koppen and Mackor (2019), based on scenarios (or stories, narratives). I argue that both analyses lack a clear account of proof beyond a reasonable doubt because they lack a clear account of the notion of plausibility. To illustrate this point, I focus on the defense argument during the appeal trial and show that both analyses face difficulties in modeling key (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  17. La filosofía de la ciencia y el derecho.Andrés Páez - manuscript
    Esta breve introducción a la filosofía de la ciencia parte del hecho de que tanto la investigación científica como el razonamiento probatorio judicial tienen un carácter inductivo. En esa medida, comparten características esenciales que permiten que el derecho se nutra de muchas de las reflexiones de la filosofía de la ciencia. El capítulo se concentra en cuatro temas principales: los criterios de demarcación entre el conocimiento científico y la pseudociencia; el carácter derrotable de las conclusiones de la ciencia y el (...)
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  18. Los sesgos cognitivos y la legitimidad racional de las decisiones judiciales.Andrés Páez - manuscript
    Remove from this list   Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  19. Rehabilitating Statistical Evidence.Lewis Ross - forthcoming - Philosophy and Phenomenological Research.
    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 epistemic norms that (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   3 citations  
  20. The Problem of Culturally Normal Belief.Susanna Siegel - forthcoming - In Robin Celikates, Sally Haslanger & Jason Stanley (eds.), Ideology: New Essays. Oxford University Press.
    This paper defends an analysis of the epistemic contours of the interface between individuals and their cultural milieu.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  21. Plausibility and Probability in Juridical Proof.Marcello Di Bello - forthcoming - International Journal of Evidence and Proof.
    This note discusses three issues that Allen and Pardo believe to be especially problematic for a probabilistic interpretation of standards of proof: (1) the subjectivity of probability assignments; (2) the conjunction paradox; and (3) the non-comparative nature of probabilistic standards. I offer a reading of probabilistic standards that avoids these criticisms.
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  22. Deviant Causation and the Law.Sara Bernstein - manuscript
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark  
  23. When Does Evidence Suffice for Conviction?Martin Smith - 2018 - Mind 127 (508):1193-1218.
    There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...)
    Remove from this list   Download  
     
    Export citation  
     
    Bookmark   18 citations  
1 — 50 / 187