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A Philosophy of Evidence Law: Justice in the Search for Truth

Oxford University Press (2008)

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  1. Proof Paradoxes and Normic Support: Socializing or Relativizing?Marcello Di Bello - 2020 - Mind 129 (516):1269-1285.
    Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.
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  • Loss of Innocence in Common Law Presumptions.Paul Roberts - 2014 - Criminal Law and Philosophy 8 (2):317-336.
    This review article of Stumer (The presumption of innocence: evidential and human rights perspectives. Hart Publishing, Oxford, 2010) explores the concept, normative foundations and institutional implications of the presumption of innocence in English law. Through critical engagement with Stumer’s methodological assumptions and normative arguments, it highlights the narrowness of common lawyers’ traditional conceptions of the presumption of innocence. Picking up the threads of previous work, it also contributes to on-going debates about the legitimacy of reverse onus clauses and their compatibility (...)
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  • Idealism, Empiricism, Pluralism, Law: Legal Truth After Modernity.Luke Mason - forthcoming - In Angela Condello & Tiziana Andina (eds.), Post-Truth, Law and Philosophy. London, U.K.: Routledge.
    Making a connection between ‘post-modernism’ and post-truth has by now become a standard trope, both within academia and popular discourse, despite post-truth’s only recent emergence as a concept. Such claims are often rather vague and fanciful and lack an altogether credible account of either phenomenon in many cases. This Chapter argues however that within a legal context, there is the emergence of a legal post-truth which is the direct consequence of a concrete form of post-modernity within legal practice and thought. (...)
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  • The Epistemology of Scientific Evidence.Douglas Walton & Nanning Zhang - 2013 - Artificial Intelligence and Law 21 (2):173-219.
    In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue interface of argument from expert (...)
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  • The reasonable doubt standard as inference to the best explanation.Hylke Jellema - forthcoming - Synthese:1-25.
    Explanationist accounts of rational legal proof view trials as a competition between explanations. Such accounts are often criticized for being underdeveloped. One question in need of further attention is when guilt is proven beyond a reasonable doubt in criminal trials. This article defends an inference to the best explanation -based approach on which guilt is only established BARD if the best guilt explanation in a case is substantially more plausible than any innocence explanation, and there is no good reason to (...)
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  • The Right to Be Presumed Innocent.Hamish Stewart - 2014 - Criminal Law and Philosophy 8 (2):407-420.
    The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...)
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  • The Presumption of Innocence in the Trial Setting.Richard L. Lippke - 2015 - Ratio Juris 28 (2):159-179.
    The starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended. Alternative starting frames which are less defendant-friendly are shown to cohere less well with the notion that criminal trials should constitute stern tests of the government's case against those it has (...)
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  • Citizen Skeptic: Cicero’s Academic Republicanism.Scott Aikin - 2015 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 2 (3):275–285.
    The skeptical challenge to politics is that if knowledge is in short supply and it is a condition for the proper use of political power, then there is very little just politics. Cicero’s Republicanism is posed as a program for political legitimacy wherein both citizens and their states are far from ideal. The result is a form of what is termed negative conservatism, which shows political gridlock in a more positive light.
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  • Legal Interpretation and Standards of Proof : Essays in Philosophy of Law and Evidence Law Theory.Sebastián Reyes Molina - 2020 - Dissertation, Uppsala University
    This dissertation addresses the issues of the indeterminacy of law and judicial discretion in the decision of the quaestio facti. It is composed of four papers: In the first paper, I develop an account of legal indeterminacy called the ‘systemic indeterminacy’ thesis. This thesis claims that legal indeterminacy and judicial discretion are the results of features of the structure of typical rational legal systems such as interpretative codes with a plurality of interpretative directives, the non-redundancy clause, and the non-liquet rule. (...)
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  • Narration in Judiciary Fact-Finding: A Probabilistic Explication.Rafal Urbaniak - 2018 - Artificial Intelligence and Law 26 (4):345-376.
    Legal probabilism is the view that juridical fact-finding should be modeled using Bayesian methods. One of the alternatives to it is the narration view, according to which instead we should conceptualize the process in terms of competing narrations of what happened. The goal of this paper is to develop a reconciliatory account, on which the narration view is construed from the Bayesian perspective within the framework of formal Bayesian epistemology.
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  • For Educational Administrators.Paul A. Wagner - forthcoming - Journal of Thought.
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  • ‘O Call Me Not to Justify the Wrong’: Criminal Answerability and the Offence/Defence Distinction.Luís Duarte D’Almeida - 2012 - Criminal Law and Philosophy 6 (2):227-245.
    Most philosophers of criminal law agree that between criminal offences and defences there is a significant, substantial difference. It is a difference, however, that has proved hard to pin down. In recent work, Duff and others have suggested that it mirrors the distinction between criminal answerability and liability to criminal punishment. Offence definitions, says Duff, are—and ought to be—those action-types ‘for which a defendant can properly be called to answer in a criminal court, on pain of conviction and condemnation if (...)
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  • Testimonial Injustice in International Criminal Law.Shannon Fyfe - forthcoming - Symposion. Theoretical and Applied Inquiries in Philosophy and Social Sciences.
    Shannon Fyfe ABSTRACT: In this article, I consider the possibilities and limitations for testimonial justice in an international criminal courtroom. I begin by exploring the relationship between epistemology and criminal law, and consider how testimony contributes to the goals of truth and justice. I then assess the susceptibility of international criminal courts to the two...
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  • Theories of Criminal Law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
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