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Legal Epistemology

Oxford Bibliographies Online (2019)

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  1. A Probabilistic Analysis of Cross-Examination Using Bayesian Networks.Marcello Di Bello - forthcoming - Philosophical Issues.
    The legal scholar Henry Wigmore asserted that cross-examination is ‘the greatest legal engine ever invented for the discovery of truth.’ Was Wigmore right? Instead of addressing this question upfront, this paper offers a conceptual ground clearing. It is difficult to say whether Wigmore was right or wrong without becoming clear about what we mean by cross-examination; how it operates at trial; what it is intended to accomplish. Despite the growing importance of legal epistemology, there is virtually no philosophical work that (...)
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  • Opacity of Character: Virtue Ethics and the Legal Admissibility of Character Evidence.Georgi Gardiner - forthcoming - Philosophical Issues.
    Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. (...)
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  • Evidence, Risk, and Proof Paradoxes: Pessimism About the Epistemic Project.Giada Fratantonio - 2021 - International Journal of Evidence and Proof:online first.
    Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line with (...)
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  • Relevance and Risk: How the Relevant Alternatives Framework Models the Epistemology of Risk.Georgi Gardiner - forthcoming - Synthese:1-31.
    The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...)
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