Evidence Matters

Science, Proof, and Truth in the Law

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Author: Susan Haack

Publisher: Cambridge University Press

ISBN: 1107039967

Category: Law

Page: 446

View: 6189

Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

A Philosophy of Evidence Law

Justice in the Search for Truth

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Author: H. L. Ho

Publisher: Oxford University Press on Demand

ISBN: 0199228302

Category: Law

Page: 347

View: 8593

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Analysis of Evidence

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Author: Terence Anderson,David Schum,William Twining

Publisher: Cambridge University Press

ISBN: 9781139445269

Category: Law

Page: N.A

View: 1304

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Rethinking Evidence

Exploratory Essays

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Author: William Twining

Publisher: Cambridge University Press

ISBN: 1139453211

Category: Law

Page: N.A

View: 9783

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Truth, Error, and Criminal Law

An Essay in Legal Epistemology

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Author: Larry Laudan

Publisher: Cambridge University Press

ISBN: 113945708X

Category: Philosophy

Page: N.A

View: 1710

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.

Foundations of Evidence Law

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Author: Alex Stein

Publisher: Oxford University Press on Demand

ISBN: 9780198257363

Category: Law

Page: 248

View: 6037

This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. This discussion identifies the problem of probabilistic deduction that accompanies generalizations to which fact-finders resort. This problem engenders paradoxes which Stein proposes to resolve by distinguishing between probability and weight. Stein advances the principle of maximal individualization that does not allow factfinders to make a finding against a person when the evidence they use is not susceptible to individualized testing.He argues that this principle has broad application, but may still be overridden by social utility. This analysis identifies allocation of the risk of error as requiring regulation by evidence law. Advocating a principled allocation of the risk of error, Stein denounces free proof for allowing individual judges to apportion this risk asthey deem fit.He criticizes the UK's recent shift to a discretionary regime on similar grounds. Stein develops three fundamental principles for allocating the risk of error: the cost-efficiency principle which applies across the board; the equality principle which applies in civil litigation; and the equal best principle which applies in criminal trials. The cost-efficiency principle demands that fact-finders minimize the total cost of errors and error-avoidance.Under the equality principle,fact-finding procedures and decisions must not produce an unequal apportionment of the risk of error between the claimant and the defendant. This risk should be apportioned equally between the parties. The equal best principle sets forth two conditions for justifiably convicting and punishing a defendant. The state must do its best to protect the defendant from the risk of erroneous conviction and must not provide better protection to other individuals. Regulating both the admissibility of evidence and its sufficiency, these principles explain and justify many existing evidentiary rules. Alex Stein is Professor of Law at the Benjamin N.Cardozo School of Law,New York.

Evidence and Inquiry

A Pragmatist Reconstruction of Epistemology

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Author: Susan Haack

Publisher: N.A

ISBN: 9781591026891

Category: Philosophy

Page: 425

View: 2482

This is a new, expanded edition, with a substantial new foreword and several additional papers. Core epistemological questions about the nature of belief, the character and structure of evidence, the determinants of evidential quality, the relation of justification, probability, and truth, among others, are given refreshingly novel, and reasonable, answers.

Philosophy of Logics

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Author: Susan Haack

Publisher: Cambridge University Press

ISBN: 9780521293297

Category: Philosophy

Page: 276

View: 8827

Haack's book has established an international reputation for its clarity, thorough scholarship and careful analyses.

Putting Philosophy to Work

Inquiry and Its Place in Culture -- Essays on Science, Religion, Law, Literature, and Life (Expanded Edition)

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Author: Susan Haack

Publisher: Prometheus Books

ISBN: 1616144947

Category: Philosophy

Page: 345

View: 4443

This engaging and wide-ranging collection of essays is informed and unified by the conviction that philosophy can, and should, engage with real-world issues. Susan Haack's keen analytical skills and well-chosen illustrations illuminate a diverse range of cultural questions; and her direct style and wry sense of humor make complex ideas and subtle distinctions accessible to serious readers whatever their discipline or particular interests. Putting Philosophy to Work will appeal not only to philosophers but also to thoughtful scientists, economists, legal thinkers, historians, literary scholars, and humanists. This new, expanded second edition includes several previously unpublished essays: a devastating critique of Karl Popper's highly (and dangerously) influential philosophy of science; a searching and thought-provoking analysis of scientism; and a groundbreaking paper on "academic ethics in a preposterous environment" that every professor, and would-be professor, should read. From the Trade Paperback edition.

Manifesto of a Passionate Moderate

Unfashionable Essays

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Author: Susan Haack

Publisher: University of Chicago Press

ISBN: 9780226311371

Category: Philosophy

Page: 240

View: 9548

Forthright and wryly humorous, philosopher Susan Haack deploys her penetrating analytic skills on some of the most highly charged cultural and social debates of recent years. Relativism, multiculturalism, feminism, affirmative action, pragmatisms old and new, science, literature, the future of the academy and of philosophy itself—all come under her keen scrutiny in Manifesto of a Passionate Moderate. "The virtue of Haack's book, and I mean virtue in the ethical sense, is that it embodies the attitude that it exalts. . . Haack's voice is urbane, sensible, passionate—the voice of philosophy that matters. How good to hear it again."—Jonathan Rauch, Reason "A tough mind, confident of its power, making an art of logic . . . a cool mastery."—Paul R. Gross, Wilson Quarterly "Few people are better able to defend the notion of truth, and in strong, clear prose, than Susan Haack . . . a philosopher of great distinction."—Hugh Lloyd-Jones, National Review "If you relish acute observation and straight talk, this is a book to read."—Key Reporter (Phi Beta Kappa) "Everywhere in this book there is the refreshing breeze of common sense, patiently but inexorably blowing."—Roger Kimball, Times Literary Supplement "A refreshing alternative to the extremism that characterizes so much rhetoric today."—Kirkus Reviews

Burden of Proof, Presumption and Argumentation

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Author: Douglas Walton

Publisher: Cambridge University Press

ISBN: 1107046629

Category: Computers

Page: 318

View: 5886

This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples. It shows how the latest argumentation-based methods of artificial intelligence can be applied to these examples to help us understand how burdens of proof and presumptions work as devices of legal reasoning. It also shows the reader how to deal with presumptions and burdens of proof in everyday life, as they shift from one side to the other, sometimes confusingly, during a sequence of argumentation.

Science on Trial

The Clash of Medical Evidence and the Law in the Breast Implant Case

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Author: Marcia Angell

Publisher: W. W. Norton & Company

ISBN: 9780393316728

Category: Law

Page: 268

View: 7774

A New York Times Notable Book of 1996 explores the different ways that medical science, the law, and the public weighed the evidence in the case of settlements awarded to women alleging illness caused by silicone breast implants. Reprint.

The Psychological Foundations of Evidence Law

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Author: Michael J. Saks,Barbara A. Spellman

Publisher: NYU Press

ISBN: 0814783872

Category: Law

Page: 320

View: 7488

Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

Defending Science - within Reason

Between Scientism And Cynicism

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Author: Susan Haack

Publisher: Prometheus Books

ISBN: 1615921680

Category: Science

Page: 411

View: 4675

Sweeping in scope, penetrating in analysis, and generously illustrated with examples from the history of science, this new and original approach to familiar questions about scientific evidence and method tackles vital questions about science and its place in society. Avoiding the twin pitfalls of scientism and cynicism, noted philosopher Susan Haack argues that, fallible and flawed as they are, the natural sciences have been among the most successful of human enterprises-valuable not only for the vast, interlocking body of knowledge they have discovered, and not only for the technological advances that have improved our lives, but as a manifestation of the human talent for inquiry at its imperfect but sometimes remarkable best. This wide-ranging, trenchant, and illuminating book explores the complexities of scientific evidence, and the multifarious ways in which the sciences have refined and amplified the methods of everyday empirical inquiry; articulates the ways in which the social sciences are like the natural sciences, and the ways in which they are different; disentangles the confusions of radical rhetoricians and cynical sociologists of science; exposes the evasions of apologists for religious resistance to scientific advances; weighs the benefits and the dangers of technology; tracks the efforts of the legal system to make the best use of scientific testimony; and tackles predictions of the eventual culmination, or annihilation, of the scientific enterprise. Writing with verve and wry humor, in a witty, direct, and accessible style, Haack takes readers beyond the "Science Wars" to a balanced understanding of the value, and the limitations, of the scientific enterprise.

Deviant Logic, Fuzzy Logic

Beyond the Formalism

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Author: Susan Haack

Publisher: University of Chicago Press

ISBN: 9780226311340

Category: Philosophy

Page: 291

View: 2901

Initially proposed as rivals of classical logic, alternative logics have become increasingly important in areas such as computer science and artificial intelligence. Fuzzy logic, in particular, has motivated major technological developments in recent years. Susan Haack's Deviant Logic provided the first extended examination of the philosophical consequences of alternative logics. In this new volume, Haack includes the complete text of Deviant Logic, as well as five additional papers that expand and update it. Two of these essays critique fuzzy logic, while three augment Deviant Logic's treatment of deduction and logical truth. Haack also provides an extensive new foreword, brief introductions to the new essays, and an updated bibliography of recent work in these areas. Deviant Logic, Fuzzy Logic will be indispensable to students of philosophy, philosophy of science, linguistics, mathematics, and computer science, and will also prove invaluable to experienced scholars working in these fields.

Standards of Decision in Law

Psychological and Logical Bases for the Standard of Proof, Here and Abroad

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Author: Kevin M. Clermont

Publisher: N.A

ISBN: 9781611633733

Category: Law

Page: 285

View: 3618

A standard of decision is the law's designation of how certain a decisionmaker must be to render a decision. Because all decisionmaking takes place in a world of uncertainty, the law requires every legal actor before making any sort of decision to measure his or her degree of certainty against the applicable standard. Because the law must set standards in every corner of law, where they determine the realization of policy, they prove essential to understanding any branch of law. Because these standards have an intensely practical impact on legal outcomes, they merit careful study by all lawyers. Despite the subject being thus both wide-ranging and critically important, this book is the first to treat it in depth. The book first catalogs the variety of standards that exist in law. A pattern emerges, which advances in cognitive psychology nicely explain. The book then zeros in on the most conspicuous yet peculiarly distinctive of the standards of decision, which is called the standard of proof and which specifies the sureness required of a factfinder to decide that a contested fact exists. After surveying relevant empirical research and past theoretical explanations, the book constructs a new understanding by drawing on recent breakthroughs in the field of logic. Historical and comparative perspectives on the standard of proof then provide angles from which to illuminate the new understanding. In sum, this book synthesizes decades of thinking and research on standards of decision and pushes forward to elaborate and explain the subject. It does so in a way that will be useful to a broad readership among all those who study the law.

The Evidential Foundations of Probabilistic Reasoning

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Author: David A. Schum

Publisher: Northwestern University Press

ISBN: 9780810118218

Category: Law

Page: 545

View: 4786

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.

Evidence Law Adrift

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Author: Mirjan Damaska

Publisher: N.A

ISBN: 9780300206043

Category: Law

Page: 172

View: 7359

In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition. Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere

John Henry Wigmore and the Rules of Evidence

The Hidden Origins of Modern Law

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Author: Andrew Porwancher

Publisher: University of Missouri Press

ISBN: 0826273637

Category: Law

Page: 235

View: 6862

Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.

The Elements of Journalism

What Newspeople Should Know and the Public Should Expect

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Author: Bill Kovach,Tom Rosenstiel

Publisher: Three Rivers Press (CA)

ISBN: 0804136785

Category: Language Arts & Disciplines

Page: 332

View: 5229

The authors outline the main principles of journalism, discussing the ethical and professional issues affecting the work of newspeople, the forces shaping the profession, and the future of journalism. 50,000 first printing.