Christian Dahlman, Alex Stein, Giovanni Tuzet

Philosophical Foundations of Evidence Law (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 432
• Erscheinungstermin: 30. September 2021
• Englisch
• ISBN-13: 9780192603081
• Artikelnr.: 62594178

Autorenporträt

Christian Dahlman is Professor of Jurisprudence at Lund University (Sweden) and holds the Samuel Pufendorf chair at the Faculty of Law. He has a PhD in philosophy of law from Lund University and his academic career includes a research fellowship at Cambridge University. His main area of research is the theory and methodology of legal evidence. He is the director of the cross-disciplinary research group LEVIC (Law, Evidence and Cognition) at Lund University. Alex Stein is a Justice of the Israel Supreme Court. He holds a Ph.D. in law from the University of London. Prior to his appointment to the bench, he served as a Professor of Law at the Hebrew University, Cardozo Law School and Brooklyn Law School and as a Visiting Professor of Law at Columbia, Harvard and Yale law schools, among others. His areas of research include Evidence, Legal Theory, and Economic Analysis of Law. Giovanni Tuzet is Professor of Philosophy of Law at Bocconi University in Milan (Italy). He studied law and philosophy in Turin and Paris and wrote his Ph.D. dissertation on C.S. Peirce's theory of inference. Before joining Bocconi University, he was a post-doctoral researcher at Lausanne (Switzerland) and Ferrara (Italy). His areas of interest include evidence, epistemology, pragmatism, argumentation theory, philosophy of law and economic analysis of law.

Inhaltsangabe

* Evidence, truth and knowledge
* 1: Hock Lai Ho: Evidence and truth
* 2: Gabriel Broughton, Brian Leiter: The Naturalized epistemology
approach to evidence
* 3: Jordi Ferrer Beltrán: Proven facts, beliefs and reasoned verdicts
* 4: Lena Wahlberg, Christian Dahlman: The role of the expert witness
* Law and factfinding
* 5: Frederick Schauer: The role of rules in the law of evidence
* 6: Jules Holroyd, Federico Picinali: Excluding evidence for
integrity's sake
* 7: Alex Stein: Second-personal evidence
* 8: Mark Spottswood: Burdens of proof
* 9: Dale Nance: Weight of evidence
* 10: Talia Fisher: Cost-benefit analysis of fact-finding
* Evidence, language and argumentation
* 11: Lawrence Solan: Linguistic evidentials and the law of hearsay
* 12: Giovanni Tuzet: The pragmatics of evidence discourse
* 13: Floris Bex: Argumentation and evidence
* Evidence and explanation
* 14: Ronald Allen, Michael Pardo: Inference to the best explanation,
relative plausibility and probability
* 15: Anne Ruth Mackor, Peter van Koppen: The scenario theory about
evidence in criminal law
* 16: Amalia Amaya: Coherence in legal evidence
* Evidence and probability
* 17: Franco Taroni, Alex Biedermann, Silvia Bozza: The logic of
inference and decision for scientific evidence
* 18: Norman Fenton, David Lagnado: Bayesianism: objections and
rebuttals
* 19: Christian Dahlman, Eivind Kolflaath: The problem of the prior in
criminal trials
* 20: Michael Pardo, Ronald Allen: Generalizations and reference
classes
* Proof paradoxes
* 21: Mark Spottswood: Paradoxes of proof
* 22: Christian Dahlman, Amit Pundik: The problem of naked statistical
evidence
* Biases and epistemic injustice
* 23: Justin Sevier: Evidence law and empirical psychology
* 24: Julia Simon-Kerr: Relevance through a feminist lens
* 25: Jasmine Gonzales Rose: Race, evidence and epistemic injustice
* 26: Frank Zenker: De-biasing legal fact-finders