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The Philosophy of Criminal Law

In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. New York: Oxford University Press UK (2002)

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  1. Presumptuous or pluralistic presumptions of innocence? Methodological diagnosis towards conceptual reinvigoration.Paul Roberts - 2020 - Synthese 198 (9):8901-8932.
    This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...)
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