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The Social Epistemology Of Legal Trials
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Book Synopsis The Social Epistemology of Legal Trials by : Zachary Hoskins
Download or read book The Social Epistemology of Legal Trials written by Zachary Hoskins and published by Routledge. This book was released on 2021-02-16 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.
Book Synopsis Social Epistemology by : Alvin I. Goldman
Download or read book Social Epistemology written by Alvin I. Goldman and published by Oxford University Press. This book was released on 2011 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What if anything justifies us in believing the testimony of others? How should we react to disagreement between ourselves and our peers, and to disagreement among the experts when we ourselves are novices? Can beliefs be held by groups of people in addition to the people composing those groups? And if so, how should groups go about forming their beliefs? How should we design social systems, such as legal juries and scientific research-sharing schemes, to promote knowledge among the people who engage in them? When different groups of people judge different beliefs to be justified, how can we tell which groups are correct? These questions are at the heart of the vital discipline of social epistemology. The classic articles in this volume address these questions in ways that are both cutting-edge and easy to understand. This volume will be of great interest to scholars and students in epistemology.
Book Synopsis Truth, Error, and Criminal Law by : Larry Laudan
Download or read book Truth, Error, and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
Book Synopsis Epistemic Care by : Casey Rebecca Johnson
Download or read book Epistemic Care written by Casey Rebecca Johnson and published by Taylor & Francis. This book was released on 2023-02-24 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the framework of care ethics to articulate a novel theory of our epistemic obligations to one another. It presents an original way to understand our epistemic vulnerabilities, our obligations in education, and our care duties toward others with whom we stand in epistemically vulnerable relationships. As embodied and socially interdependent knowers, we have obligations to one another that are generated by our ability to care – that is, to meet each other’s epistemic vulnerabilities. The author begins the book by arguing that the same motivations that moved social epistemologists away from individualistic epistemology should motivate a move to a care-based theory. The following chapters outline our epistemic care duties to vulnerable agents, and offer criteria of epistemic goodness for communities of inquiry. Finally, the author discusses the tension between epistemic care and epistemic paternalism. Epistemic Care will be of interest to scholars and advanced students working in social epistemology, ethics, feminist philosophy, and philosophy of education.
Book Synopsis The Routledge Handbook of Social Epistemology by : Miranda Fricker
Download or read book The Routledge Handbook of Social Epistemology written by Miranda Fricker and published by Routledge. This book was released on 2019-07-19 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by an international team of leading scholars, The Routledge Handbook of Social Epistemology is the first major reference work devoted to this growing field. The Handbook’s 46 chapters, all appearing in print here for the first time, and written by philosophers and social theorists from around the world, are organized into eight main parts: Historical Backgrounds The Epistemology of Testimony Disagreement, Diversity, and Relativism Science and Social Epistemology The Epistemology of Groups Feminist Epistemology The Epistemology of Democracy Further Horizons for Social Epistemology With lists of references after each chapter and a comprehensive index, this volume will prove to be the definitive guide to the burgeoning interdisciplinary field of social epistemology.
Book Synopsis The Philosophy of Legal Proof by : Lewis Ross
Download or read book The Philosophy of Legal Proof written by Lewis Ross and published by Cambridge University Press. This book was released on 2024-05-16 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.
Book Synopsis Rationality in Context by : Steven Bland
Download or read book Rationality in Context written by Steven Bland and published by Taylor & Francis. This book was released on 2023-12-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the psychological literature on rationality to weigh in on the recent debate between virtue epistemologists and epistemic situationists. It argues that both sides have misconstrued the literature and that an interactionist framework is needed to square epistemic theory with empirical facts about reasoning and inference. The explosion of empirical literature on human rationality has led to seismic shifts across a multitude of academic disciplines. This book considers its implications for epistemology. In particular, it critically evaluates the treatment of the rationality literature within the recent controversy between virtue epistemologists, who attempt to ground knowledge in stable epistemic virtues, and epistemic situationists, who claim that such a project is doomed by empirical evidence of widespread irrationality. It links this foundational controversy to two of the most important debates in psychology: the Rationality Wars and the person-situation debate. The book argues that both virtue theorists and epistemic situationists have misunderstood the implications of these debates, leading them to focus exclusively on personal dispositions and situational factors as two independent sources of epistemic success, failure, and improvement. A more accurate reading of the empirical literature implies that interactions between epistemic agents and their social, informational, and institutional environments are the fundamental drivers of both rational and irrational behaviour. An interactionist framework motivated by this insight conceives of epistemic virtues and vices as both responsive to and responsible for the environments in which they’re manifested and cultivated. The central aim of this book is to present and defend this novel type of virtue epistemology. Rationality in Context will be of interest to scholars and advanced students working in epistemology, philosophy of science, philosophy of psychology, cognitive psychology, and social psychology.
Book Synopsis The Knowledge Book by : Steve Fuller
Download or read book The Knowledge Book written by Steve Fuller and published by Routledge. This book was released on 2014-11-27 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Knowledge Book" is a unique interdisciplinary reference work for students and researchers concerned with the nature of knowledge. It is the first work of its kind to be organized on the assumption that whatever else knowledge might be, it is intrinsically social. The book consists of 42 alphabetically arranged entries on key concepts at the intersection of philosophy and sociology - what used to be called "sociology of knowledge" but is now increasingly called "social epistemology". The entries include concepts common to disciplines that in recent years have devoted more of their attention to knowledge: cultural studies, communication studies, information science, education, policy studies and business studies. Special attention is given to concepts from the emerging field of science and technology studies. Each entry presents a short, self-contained essay providing an overview of a concept and concludes with suggestions for further reading. All the entries are fully cross-referenced, allowing readers to both make connections and follow their own interests.
Book Synopsis Risk and Responsibility in Context by : Adriana Placani
Download or read book Risk and Responsibility in Context written by Adriana Placani and published by Taylor & Francis. This book was released on 2023-08-31 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies.
Book Synopsis Epistemic Injustice by : Miranda Fricker
Download or read book Epistemic Injustice written by Miranda Fricker and published by Clarendon Press. This book was released on 2007-07-05 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this exploration of new territory between ethics and epistemology, Miranda Fricker argues that there is a distinctively epistemic type of injustice, in which someone is wronged specifically in their capacity as a knower. Justice is one of the oldest and most central themes in philosophy, but in order to reveal the ethical dimension of our epistemic practices the focus must shift to injustice. Fricker adjusts the philosophical lens so that we see through to the negative space that is epistemic injustice. The book explores two different types of epistemic injustice, each driven by a form of prejudice, and from this exploration comes a positive account of two corrective ethical-intellectual virtues. The characterization of these phenomena casts light on many issues, such as social power, prejudice, virtue, and the genealogy of knowledge, and it proposes a virtue epistemological account of testimony. In this ground-breaking book, the entanglements of reason and social power are traced in a new way, to reveal the different forms of epistemic injustice and their place in the broad pattern of social injustice.
Book Synopsis Reliabilism and Contemporary Epistemology by : Alvin I. Goldman
Download or read book Reliabilism and Contemporary Epistemology written by Alvin I. Goldman and published by Oxford University Press. This book was released on 2012-03-13 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the most up-to-date collection of essays by the leading proponent of process reliabilism, refining and clarifying that theory and critiquing its rivals. The volume features important essays on the internalism/externalism debate, epistemic value, the intuitional methodology of philosophy, and social epistemology.
Book Synopsis Philosophical Foundations of International Criminal Law by : Morten Bergsmo
Download or read book Philosophical Foundations of International Criminal Law written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2019-02-21 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis A Philosophy of Evidence Law by : H. L. Ho
Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by OUP Oxford. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations; rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
Book Synopsis Public Epistemic Authority by : Johann Moritz Laux
Download or read book Public Epistemic Authority written by Johann Moritz Laux and published by Mohr Siebeck. This book was released on 2022-06-29 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inter- and supranational courts derive their legitimacy partly from an institutional comparison: judges' legal expertise and the quality of judicial procedures justify a court's claim to authority towards other branches of government and other courts with overlapping jurisdiction. To provide a benchmark for assessing judicial outcomes that is compatible with democratic commitments, Johann Laux suggests a new normative category, Public Epistemic Authority (PEA). It builds on the mechanisms behind theories of collective intelligence and empirical research on judicial decision-making. PEA tracks judges' collective ability to reliably identify breaches of law. It focuses on cognitive tasks in adjudication. The author applies PEA to the Court of Justice of the European Union and offers suggestions for improving its institutional design.
Book Synopsis Philosophical Foundations of Evidence Law by : Christian Dahlman
Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021-09-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.
Book Synopsis Social Epistemology by : Steve Fuller
Download or read book Social Epistemology written by Steve Fuller and published by Indiana University Press. This book was released on 2002 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the book that launched the research program of social epistemology, which has fuelled imaginations and provoked debates across many disciplines around the world. Its opening question remains as pressing as ever: How should knowledge production be organised. The second edition contains a substantial new introduction, in which Fuller reflects on social epistemology's place in the history of analytic and continental epistemology and discusses the inspiration he has drawn from a wide variety of fields in the humanities and social sciences. It also includes a spirited attack on alternative philosophical groundings for social epistemology and a detailed response to the standard criticism that social epistemology has received from realist philosophers and natural scientists during the "Science Wars."In Social Epistemology Fuller seeks to reconcile normative philosophy of science and empirical sociology of knowledge. He reinterprets key problems in the philosophy of science, such as realism, the nature of objectivity, the demarcation of science from other disciplines, and the nature of our knowledge of other times and places. In the course of this reinterpretation, which draws on concepts and arguments from many branches of the humanities and social sciences, Fuller considers such philosophically neglected questions as: How is the burden of proof determined in science? On what basis is the historian licensed to say that a "consensus" has been reached on a scientific claim? What implications do our patently imperfect means of linguistic transmission have for the notion that science "retains and accumulates" knowledge? Finally, Fuller proposes a course of "Knowledge Policy Studies" designed to make the theory of knowledge a branch of political theory and thereby to hasten the evolution of the epistemologist into a knowledge policy maker. In its new edition, the book remains a provocative contribution to the debate on the production, dissemination, and interpretation of knowledge in the sciences.
