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  1. Norme sui diritti umani: tra principi e regole.Julieta Agustina Rábanos - 2019 - In Paola Ivaldi & Lorenzo Schiano di Pepe (eds.), I diritti umani settant’anni dopo. L’attualità della Dichiarazione universale tra questioni irrisolte e nuove minacce. Genova GE, Italia: pp. 33-43.
    Il settantesimo anniversario della Dichiarazione universale dei diritti umani è, senza dubbio, un’importante occasione per riflettere sui diritti umani. In questo breve intervento, propongo una riflessione sul problema concettuale relativo alle disposizioni normative che vengono utilizzate per riconoscere e/o stabilire diritti umani. La domanda può essere posta in questi termini: che tipo di norme esprimono queste disposizioni? Regole, principi, oppure entrambe, a seconda delle circostanze? La risposta a questa domanda implica la soluzione di due distinti problemi. Da un lato, un (...)
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  2. Moreau’s Law in The Island of Doctor Moreau in Light of Kant’s Reciprocity Thesis.Daniel Paul Dal Monte - 2018 - Journal of Science Fiction and Philosophy 1:1-12.
    In this paper, I explore a tension between the Law in the novel The Island of Doctor Moreau, by H. G. Wells, and Kant's reciprocity thesis. The Law is a series of prohibitions that Moreau has his beasts recite. Moreau devotes his time to transforming animals through a painful surgery into beings that resemble humans, but the humanized beasts are constantly slipping back into animalistic habits, and so Moreau promulgates the Law to maintain decorum. Kant's reciprocity thesis states that free (...)
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  3. The Case for Workplace Democracy.David Ellerman - 2018 - In Council democracy: towards a democratic socialist politics. New York, NY, USA: pp. 210-227.
    In this chapter I seek to provide a theoretical defense of workplace democracy that is independent from and outside the lineage of Marxist and communist theory. Common to the council movements, anarcho- syndicalism and many other forms of libertarian socialism was the idea “that workers’ self- management was central.” Yet the idea of workers’ control has not been subject to the same theoretical development as Marx’s theory, not to mention capitalist economic theory. This chapter aims to contribute at a theoretical (...)
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  4. 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 (...)
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  5. 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...
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  6. 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 (...)
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  7. 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 (...)
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  8. Eichmann's Mind: Psychological, Philosophical, and Legal Perspectives.José Brunner - 2000 - Theoretical Inquiries in Law 1 (2).
    This essay discusses various representations of Eichmann's mind that were fashioned on the occasion of his trial in Jerusalem in 1961. Gideon Hausner the prosecutor presented the defendant as demonic. Hannah Arendt, the German-born American Jewish philosopher portrayed him as banal or thoughtless. Limiting themselves to the issue of mens rea in their judgment, the Israeli Supreme Court justices described Eichmann's mind as controlled by criminal intent. While these views have been widely discussed in the literature, much of this essay (...)
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  9. 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 (...)
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  10. 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 (...)
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  11. 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 (...)
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  12. 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. (...)
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  13. 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 (...)
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  14. 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.
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  15. Justice and the Law.Thaddeus Metz - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Juta. pp. 382-411.
    This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...)
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Causation in the Law
  1. Negligent Algorithmic Discrimination.Andrés Páez - manuscript
    The use of machine learning algorithms has become ubiquitous in hiring decisions. Recent studies have shown that many of these algorithms generate unlawful discriminatory effects in every step of the process. The training phase of the machine learning models used in these decisions has been identified as the main source of bias. For a long time, discrimination cases have been analyzed under the banner of disparate treatment and disparate impact, but these concepts have been shown to be ineffective in the (...)
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  2. It's Not My Fault, Your Honor, I'm Only the Enabler.Michelle B. Cowley-Cunningham - 2007 - In Proceedings of the Annual Meeting of the Cognitive Science Society, Vol. 29, 2007, Extended Abstract. Nashville, TN, USA: pp. 1755.
    According to the mental model theory, causes and enablers differ in meaning, and therefore in their logical consequences (Goldvarg & Johnson-Laird, 2001). They are consistent with different possibilities. Recent psychological studies have argued to the contrary, and suggested that linguistic cues guide this distinction (Kuhnmünch & Beller, 2005). The issue is important because neither British nor American law recognizes this distinction (e.g., Roberts & Zuckerman, 2004). Yet, in our view, it is central to human conceptions of causality. Hence, in two (...)
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  3. Intended and Merely Foreseen Consequences: The Psychology of the ‘Cause or Allow’ Offence.Michelle B. Cowley-Cunningham - 2012 - SSRN E-Library Maurer School of Law's Law and Society Series | Media Summary, SLSA Newsletter, Spring Issue, 2012.
    Intended and merely foreseen consequences: The psychology of the ‘cause or allow’ offence. A short report for the Socio-Legal Community on ESRC Grant RES-000-22-3114.
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  4. Causes, Enablers and the Law.Michelle B. Cowley-Cunningham - 2018 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    Many theories in philosophy, law, and psychology, make no distinction in meaning between causing and enabling conditions. Yet, psychologically people readily make such distinctions each day. In this paper we report three experiments, showing that individuals distinguish between causes and enabling conditions in brief descriptions of wrongful outcomes. Respondents rate actions that bring about outcomes as causes, and actions that make possible the causal relation as enablers. Likewise, causers (as opposed to enablers) are rated as more responsible for the outcome, (...)
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  5. 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 (...)
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  6. Deviant Causation and the Law.Sara Bernstein - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    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 (...)
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  7. 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.
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  8. 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 (...)
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  9. The Normative Structure of Responsibility.Federico Faroldi - 2014 - College Publications.
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  10. 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 (...)
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  11. 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.
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  12. 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 (1336):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 (...)
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  13. 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 (...)
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  14. 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.
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  15. 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) (...)
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  16. 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 (...)
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  17. 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 (...)
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  18. 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.
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  19. 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 (...)
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  20. Singular Causal Statements and Strict Deterministic Laws.Noa Latham - 1987 - Pacific Philosophical Quarterly 68 (1):29-43.
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  21. 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 (...)
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Evidence and Proof in Law
  1. On Statistical Criteria of Algorithmic Fairness.Brian Hedden - forthcoming - Philosophy and Public Affairs.
    Predictive algorithms are playing an increasingly prominent role in society, being used to predict recidivism, loan repayment, job performance, and so on. With this increasing influence has come an increasing concern with the ways in which they might be unfair or biased against individuals in virtue of their race, gender, or, more generally, their group membership. Many purported criteria of algorithmic fairness concern statistical relationships between the algorithm’s predictions and the actual outcomes, for instance requiring that the rate of false (...)
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  2. 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 epistemic norms that (...)
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  3. More on Normic Support and the Criminal Standard of Proof.Martin Smith - forthcoming - Mind.
    In this paper, I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof (Di Bello, 2019). In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.
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  4. Plausibility and Reasonable Doubt in the Simonshaven Case.Marcello Di Bello - 2020 - Topics in Cognitive Science 12 (4):1200-1204.
    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 (...)
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  5. Belief, Credence and Statistical Evidence.Davide Fassio & Jie Gao - 2020 - Theoria 86 (4):500-527.
    According to the Rational Threshold View, a rational agent believes p if and only if her credence in p is equal to or greater than a certain threshold. One of the most serious challenges for this view is the problem of statistical evidence: statistical evidence is often not sufficient to make an outright belief rational, no matter how probable the target proposition is given such evidence. This indicates that rational belief is not as sensitive to statistical evidence as rational credence. (...)
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  6. Legal Proof and Statistical Conjunctions.Lewis D. Ross - forthcoming - Philosophical Studies.
    A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...)
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  7. Introduction to Psychological Criminology: Jury Verdicts and Jury Research Methodology.Michelle B. Cowley-Cunningham - 2017 - Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-18 Vol. 2, Issues 248: December 20,.
    This summary note series outlines legal empirical approaches to the study of juries and jury decision-making behaviour for undergraduate students of sociology, criminology and legal systems, and forensic psychology. The note series is divided into two lectures. The first lecture attends to the background relevant to the historical rise of juries and socio-legal methodologies used to understand jury behaviour. The second lecture attends to questions surrounding jury competence, classic studies illustrative of juror bias, and a critical comparison of juries to (...)
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  8. Recent Work on the Proof Paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6).
    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.
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  9. Reasoning About Criminal Evidence: Revealing Probabilistic Reasoning Behind Logical Conclusions.Michelle B. Cowley-Cunningham - 2007 - SSRN E-Library Maurer School of Law Law and Society eJournals.
    There are two competing theoretical frameworks with which cognitive sciences examines how people reason. These frameworks are broadly categorized into logic and probability. This paper reports two applied experiments to test which framework explains better how people reason about evidence in criminal cases. Logical frameworks predict that people derive conclusions from the presented evidence to endorse an absolute value of certainty such as ‘guilty’ or ‘not guilty’ (e.g., Johnson-Laird, 1999). But probabilistic frameworks predict that people derive conclusions from the presented (...)
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  10. Asymmetries in Prior Conviction Reasoning: Truth Suppression Effects in Child Protection Contexts.Michelle B. Cowley-Cunningham - 2010 - Psychology, Crime and Law 3 (16):211-231.
    In three empirical studies we examined how people reason about prior convictions in child abuse cases. We tested whether the disclosure of similar prior convictions prompts a mental representation or an additive probative value (Criminal Justice Act, 2003). Asymmetrical use of similar priors were observed in three studies. A pilot study showed that disclosure of a second prior did not contribute a weight equivalent to that of the first disclosure. Study 1 showed jurors did not see left-handed evidence (i.e. matching (...)
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  11. Explaining the Justificatory Asymmetry Between Statistical and Individualized Evidence.Renee Bolinger - forthcoming - In Jon Robson & Zachary Hoskins (eds.), The Social Epistemology of Legal Trials. Routledge. pp. 60-76.
    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 (...)
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  12. 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 (...)
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  13. 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.
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  14. 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 (...)
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