Legal Evidence And Proof

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Legal Evidence and Proof

Author : Henry Prakken
Publisher : Routledge
ISBN 13 : 131710630X
Total Pages : 302 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Legal Evidence and Proof by : Henry Prakken

Download or read book Legal Evidence and Proof written by Henry Prakken and published by Routledge. This book was released on 2016-04-22 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

The Proof

Author : Frederick Schauer
Publisher : Harvard University Press
ISBN 13 : 0674276256
Total Pages : 321 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Proof by : Frederick Schauer

Download or read book The Proof written by Frederick Schauer and published by Harvard University Press. This book was released on 2022-05-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Scribes Book Award “Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.” —Barton Swaim, Wall Street Journal “At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.” —Martha Minow, former Dean of Harvard Law School “His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees...and that probability, the likelihood that the evidence or testimony is accurate, matters.” —Steven Mintz, Inside Higher Education “I would make Proof one of a handful of books that all incoming law students should read...Essential and timely.” —Emily R. D. Murphy, Law and Society Review In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective. How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election-fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.

Theory of Legal Evidence - Evidence in Legal Theory

Author : Verena Klappstein
Publisher : Springer Nature
ISBN 13 : 3030838412
Total Pages : 274 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Theory of Legal Evidence - Evidence in Legal Theory by : Verena Klappstein

Download or read book Theory of Legal Evidence - Evidence in Legal Theory written by Verena Klappstein and published by Springer Nature. This book was released on 2022-01-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.

Evidence Matters

Author : Susan Haack
Publisher : Cambridge University Press
ISBN 13 : 1107039967
Total Pages : 445 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Evidence Matters by : Susan Haack

Download or read book Evidence Matters written by Susan Haack and published by Cambridge University Press. This book was released on 2014-07-28 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Legal Evidence and Proof

Author : Taylor & Francis Group
Publisher : Routledge
ISBN 13 : 9781138251960
Total Pages : 302 pages
Book Rating : 4.2/5 (519 download)

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Book Synopsis Legal Evidence and Proof by : Taylor & Francis Group

Download or read book Legal Evidence and Proof written by Taylor & Francis Group and published by Routledge. This book was released on 2019-05-31 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.

Evidence, Proof and Probability

Author : Sir Richard Eggleston
Publisher : Weidenfeld & Nicolson
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Evidence, Proof and Probability by : Sir Richard Eggleston

Download or read book Evidence, Proof and Probability written by Sir Richard Eggleston and published by Weidenfeld & Nicolson. This book was released on 1983 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles of Judicial Proof

Author : John Henry Wigmore
Publisher :
ISBN 13 :
Total Pages : 1226 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Principles of Judicial Proof by : John Henry Wigmore

Download or read book The Principles of Judicial Proof written by John Henry Wigmore and published by . This book was released on 1913 with total page 1226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Dialogue Between Law and History

Author : Baosheng Zhang
Publisher : Springer Nature
ISBN 13 : 9811596859
Total Pages : 411 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis A Dialogue Between Law and History by : Baosheng Zhang

Download or read book A Dialogue Between Law and History written by Baosheng Zhang and published by Springer Nature. This book was released on 2020-12-14 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.

Evidence, Proof and Justice

Author : Solomon E. Salako
Publisher : Bookboon
ISBN 13 : 8776816850
Total Pages : 110 pages
Book Rating : 4.7/5 (768 download)

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Book Synopsis Evidence, Proof and Justice by : Solomon E. Salako

Download or read book Evidence, Proof and Justice written by Solomon E. Salako and published by Bookboon. This book was released on 2010 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Evidence and the Litigation Process

Author : Jeffrey Pinsler
Publisher :
ISBN 13 : 9789814892377
Total Pages : 1183 pages
Book Rating : 4.8/5 (923 download)

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Book Synopsis Evidence and the Litigation Process by : Jeffrey Pinsler

Download or read book Evidence and the Litigation Process written by Jeffrey Pinsler and published by . This book was released on 2020 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Treatise on the Principles of Evidence

Author : William Mawdesly BEST
Publisher :
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis A Treatise on the Principles of Evidence by : William Mawdesly BEST

Download or read book A Treatise on the Principles of Evidence written by William Mawdesly BEST and published by . This book was released on 1849 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Philosophy of Proof in Its Relation to the English Law of Judicial Evidence

Author : John Reynolds Gulson
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Philosophy of Proof in Its Relation to the English Law of Judicial Evidence by : John Reynolds Gulson

Download or read book The Philosophy of Proof in Its Relation to the English Law of Judicial Evidence written by John Reynolds Gulson and published by . This book was released on 1905 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Evidence, Proof, and Facts

Author : Peter Murphy
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199261956
Total Pages : 602 pages
Book Rating : 4.2/5 (619 download)

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Book Synopsis Evidence, Proof, and Facts by : Peter Murphy

Download or read book Evidence, Proof, and Facts written by Peter Murphy and published by Oxford University Press on Demand. This book was released on 2003-01-01 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the law of evidence has dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject. This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the philosophical basis for the use of evidence; whether courtroom proof is essentially mathematical or non-mathematical; and the use of different theories of probability in legal reasoning.

Legal Evidence and Proof

Author : Hendrik Kaptein
Publisher : Ashgate Publishing Company
ISBN 13 : 9780754676201
Total Pages : 288 pages
Book Rating : 4.6/5 (762 download)

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Book Synopsis Legal Evidence and Proof by : Hendrik Kaptein

Download or read book Legal Evidence and Proof written by Hendrik Kaptein and published by Ashgate Publishing Company. This book was released on 2009 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. Subjects covered include, among others, division of burdens of proof, circumstantial evidence and abductive inference, and the logic of testing (false) confessions.

Of Doubt and Proof

Author : Daniela Berti
Publisher : Routledge
ISBN 13 : 1317086171
Total Pages : 224 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Of Doubt and Proof by : Daniela Berti

Download or read book Of Doubt and Proof written by Daniela Berti and published by Routledge. This book was released on 2016-03-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just. Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.

The Burdens of Proof

Author : Dale A. Nance
Publisher : Cambridge University Press
ISBN 13 : 1316539032
Total Pages : 345 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Burdens of Proof by : Dale A. Nance

Download or read book The Burdens of Proof written by Dale A. Nance and published by Cambridge University Press. This book was released on 2016-03-11 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

Burden of Proof and Related Issues

Author : Mojtaba Kazazi
Publisher : BRILL
ISBN 13 : 9004638261
Total Pages : 430 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Burden of Proof and Related Issues by : Mojtaba Kazazi

Download or read book Burden of Proof and Related Issues written by Mojtaba Kazazi and published by BRILL. This book was released on 2023-07-24 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study on evidence before international tribunals, with an emphasis on the burden of proof, is one of the more important and interesting issues of evidence under both municipal and international law. The study is mainly based on documented cases and special attention is paid to the case law of the Iran-United States Claims Tribunal in the Hague. The study is divided into three parts. Part One presents the preliminary issues concerning the concept of the burden of proof and the burden of evidence, as well as the nature and scope of the burden of proof. Part Two discusses the main aspects of the burden of proof, identified by considering the fact that there are three main actors in each litigated case, viz. the claimant, the respondent and the judge or arbitrator. Different chapters are allocated to: the claimant's role in bearing the main task with respect to the burden of proof; general aspects of collaboration of parties in matters of evidence; and the authority and duties of international tribunals with respect to the burden of proof. Part Two ends with a chapter on the rules of the burden of proof and a discussion on whether or not there are any such rules that could be considered as principles of international law. Some related issues are discussed in Part Three. Among the items considered are presumptions and the effect that they may have on the burden of proof; practical aspects of the collaboration of parties; the issue of possible sanctions against non-production of evidence; and the question of the standard of proof to be applied in international proceedings and the discretion of international tribunals in that regard. The study ends with a concluding chapter. As noted by Professor Verhoeven in his foreword, the subtleties of evidence in international proceedings has not been systematically studied for a number of decades. The book will become a standard work of reference in the area. Audience: An invaluable tool for practitioners of international law and Government advisors as well as university professors and students of law. The long experience of the author as a judge in a civil law system, his intimate knowledge of the work of the Iran-United States Claims Tribunal in The Hague, and currently with the United Nations (Security Council) Compensation Commission for Claims against Iraq have made him eminently well equipped to address the subject competently, both from a theoretical and practical perspective.