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Author: Jordi Ferrer Beltrán
Publisher: Cambridge University Press
Published: 2022-05-19
Total Pages: 459
ISBN-13: 1316516997
DOWNLOAD EBOOK →A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.
Author: Verena Klappstein
Publisher: Springer Nature
Published: 2022-01-03
Total Pages: 274
ISBN-13: 3030838412
DOWNLOAD EBOOK →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.
Author: Charles Frederic Chamberlayne
Publisher:
Published: 1912
Total Pages: 1428
ISBN-13:
DOWNLOAD EBOOK →Author: Floris J. Bex
Publisher: Springer Science & Business Media
Published: 2011-02-15
Total Pages: 297
ISBN-13: 9400701403
DOWNLOAD EBOOK →In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence.
Author: Bengt Lindell
Publisher: Edward Elgar Publishing
Published: 2017-05-26
Total Pages: 240
ISBN-13: 1786430207
DOWNLOAD EBOOK →Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.
Author: Douglas Walton
Publisher: Penn State Press
Published: 2010-11-01
Total Pages: 400
ISBN-13: 9780271048338
DOWNLOAD EBOOK →A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Author: David A. Schum
Publisher: Northwestern University Press
Published: 2001
Total Pages: 572
ISBN-13: 9780810118218
DOWNLOAD EBOOK →In this work Schum develops a general theory of evidence as it is understood and applied across a broad range of disciplines and practical undertakings. He include insights from law, philosophy, logic, probability, semiotics, artificial intelligence, psychology and history.
Author: Kenneth J. Vandevelde
Publisher: Routledge
Published: 2018-04-19
Total Pages: 350
ISBN-13: 0429973888
DOWNLOAD EBOOK →Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.
Author: Neil MacCormick
Publisher: Clarendon Press
Published: 1994-08-11
Total Pages: 322
ISBN-13: 0191018597
DOWNLOAD EBOOK →What makes an argument in a law case good or bad? Can legal decisions be justified by purely rational argument or are they ultimately determined by more subjective influences? These questions are central to the study of jurisprudence, and are thoroughly and critically examined in Legal Reasoning and Legal Theory, now with a new and up-to-date foreword. Its clarity of explanation and argument make this classic legal text readily accessible to lawyers, philosophers, and any general reader interested in legal processes, human reasoning, or practical logic.
Author: Robert Chapman
Publisher: Bloomsbury Publishing
Published: 2016-10-06
Total Pages: 264
ISBN-13: 147252893X
DOWNLOAD EBOOK →How do archaeologists work with the data they identify as a record of the cultural past? How are these data collected and construed as evidence? What is the impact on archaeological practice of new techniques of data recovery and analysis, especially those imported from the sciences? To answer these questions, the authors identify close-to-the-ground principles of best practice based on an analysis of examples of evidential reasoning in archaeology that are widely regarded as successful, contested, or instructive failures. They look at how archaeologists put old evidence to work in pursuit of new interpretations, how they construct provisional foundations for inquiry as they go, and how they navigate the multidisciplinary ties that make archaeology a productive intellectual trading zone. This case-based approach is predicated on a conviction that archaeological practice is a repository of considerable methodological wisdom, embodied in tacit norms and skilled expertise – wisdom that is rarely made explicit except when contested, and is often obscured when questions about the status and reach of archaeological evidence figure in high-profile crisis debates.
