Download or read book Evidence and Inference in History and Law written by William Twining and published by . This book was released on 2003 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: However little that various disciplines in the humanities and social sciences might seem to have in common, they share certain interests in methodological problems relating to evidence, inference, and interpretation. By pursuing these shared interests across divergent topics and fields, the contributors to this book advance our understanding of how such truth-seeking, proof-finding methods work, and of what it means to prove something in a range of contexts. Coedited by William Twining, one of the world's outstanding evidence scholars, and Lain HempsherMonk, a leading political theorist, the volume considers intriguing questions from different realms--Assyriology, theatre iconography, musicology, criminology, the history of ideas and colonial history--as it reveals how particular concepts, lines of questioning, and techniques of reasoning and analysis developed in one context can be fruitfully applied in others.
Download or read book Evidence and Inference in the Law written by Henry Melvin Hart and published by . This book was released on 1958 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Evidence Inference and Enquiry written by Philip Dawid and published by OUP/British Academy. This book was released on 2011-12-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars in diverse academic disciplines discuss the ways in which evidence is conceived, used, and manipulated in their own fields. They explore the possibilities for cross-disciplinary fertilisation and ask if it is possible or desirable to develop general multidisciplinary criteria and methods for studying and handling evidence.
Download or read book Rethinking Evidence written by William Twining and published by Cambridge University Press. This book was released on 2006-06-01 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Probability and Inference in the Law of Evidence written by Peter Tillers and published by Springer. This book was released on 2011-10-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the nature of factual inference in adjudication. The book should be useful to students of law in Continental Europe as well as to students of Anglo-American law. While a good many countries do not use the sorts of rules of evidence found in the Anglo-American legal tradition, their procedural systems nevertheless frequently use a variety of rules and principles to regulate and structure the acquisition, presentation, and evalu ation of evidence. In this sense, almost all legal systems have a law of proof. This book should also be useful to scholars in fields other than law. While the papers focus on inference in adjudication, they deal with a wide variety of issues that are important in disciplines such as the philosophy of science, statistics, and psychology. For example, there is extensive discussion of the role of generalizations and hypotheses in inference and of the significance of the fact that the actors who evaluate data also in some sense constitute the data that they evaluate. Furthermore, explanations of the manner in which some legal systems structure fact-finding processes may highlight features of inferential processes that have yet to be adequately tackled by scholars in fields other than law.
Download or read book Evidence written by Julius Stone and published by Lexis Law Publishing (Va). This book was released on 1991 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical study of the question and use of evidence in English law. The text was written before the second world war by the emminent jurist, Julius Stone (1907-1085), and edited and revised where appropriate by W A N Wells. Includes a table of cases and an index.
Download or read book Innovations in Evidence and Proof written by Paul Roberts and published by Bloomsbury Publishing. This book was released on 2007-11-14 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovations in Evidence and Proof brings together fifteen leading scholars and experienced law teachers based in Australia, Canada, Northern Ireland, Scotland, South Africa, the USA and England and Wales to explore and debate the latest developments in Evidence and Proof scholarship. The essays comprising this volume range expansively over questions of disciplinary taxonomy, pedagogical method and computer-assisted learning, doctrinal analysis, fact-finding, techniques of adjudication, the ethics of cross-examination, the implications of behavioural science research for legal procedure, human rights, comparative law and international criminal trials. Communicating the breadth, dynamism and intensity of contemporary theoretical innovation in their diversity of subject-matter and approach, the authors nonetheless remain united by a common purpose: to indicate how the best interdisciplinary theorising and research might be integrated directly into degree-level Evidence teaching. Innovations in Evidence and Proof is published at an exciting time of theoretical renewal and increasing empirical sophistication in legal evidence, proof and procedure scholarship. This groundbreaking collection will be essential reading for Evidence teachers, and will also engage the interest and imagination of scholars, researchers and students investigating issues of evidence and proof in any legal system, municipal, transnational or global.
Download or read book Evidence and Inference in History written by Raymond Aron and published by . This book was released on 1958 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2021-09-20 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
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.
Download or read book The History and Principles of the Law of Evidence as Illustrating Our Social Progress written by John George Phillimore and published by . This book was released on 1850 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert Evidence and International Criminal Justice written by Artur Appazov and published by Springer. This book was released on 2016-01-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a comprehensive narration of the use of expertise in international criminal trials offering reflection on standards concerning the quality and presentation of expert evidence. It analyzes and critiques the rules governing expert evidence in international criminal trials and the strategies employed by counsel and courts relying upon expert evidence and challenges that courts face determining its reliability. In particular, the author considers how the procedural and evidentiary architecture of international criminal courts and tribunals influences the courts’ ability to meaningfully incorporate expert evidence into the rational fact-finding process. The book provides analysis of the unique properties of expert evidence as compared with other forms of evidence and the challenges that these properties present for fact-finding in international criminal trials. It draws conclusions about the extent to which particularized evidentiary rules for expert evidence in international criminal trials is wanting. Based on comparative analyses of relevant national practices, the book proposes procedural improvements to address some of the challenges associated with the use of expertise in international criminal trials.
Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inference the tort of spoliation discovery sanctions ethics, and routine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.
Download or read book Evidence Contestation written by Karin Zachmann and published by Taylor & Francis. This book was released on 2023-02-21 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the practices of contesting evidence in democratically constituted knowledge societies. It provides a multifaceted view of the processes and conditions of evidence criticism and how they determine the dynamics of de- and re-stabilization of evidence. Evidence is an essential resource for establishing claims of validity, resolving conflicts, and legitimizing decisions. In recent times, however, evidence is being contested with increasing frequency. Such contestations vary in form and severity – from questioning the interpretation of data or the methodological soundness of studies to accusations of evidence fabrication. The contributors to this volume explore which actors, for what reasons and to what effect, question evidence in fields such as the biological, environmental and health sciences. In addition to actors inside academia, they examine the roles of various other players, including citizen scientists, counter-experts, journalists, patients, consumers and activists. The contributors tackle questions of how disagreements are framed and how they are used to promote vested interests. By drawing on methodological and theoretical approaches from a wide range of fields, this book provides a much-needed perspective on how evidence criticism influences the development and state of knowledge societies and their political condition. Evidence Contestation will appeal to scholars and advanced students working in philosophy of science, epistemology, bioethics, science and technology studies, the history of science and technology and science communication.
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.
Download or read book Science Evidence and Inference in Education written by National Research Council and published by National Academies Press. This book was released on 2001-06-23 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on education has come into the political spotlight as the demand grows for reliable and credible information for the guidance of policy and practice in the education reform environment. Many debates among the education research community feature questions concerning the nature of evidence and these questions have also appeared in broader policy and practice arenas. Inquiry has generally, over the past years, created bodies of scientific knowledge that have profound implications for education. Dramatic advances in understanding how people learn, how young children acquire early reading skills, and how to design and evaluate educational and psychological measurements is a good example of this. However, the highly contextualized nature of education and the wide range of disciplinary perspectives that rely on it have made the identification of reducible, generalizable principles difficult and slow to achieve. Due to this, the U.S. Department of Education's National Educational Research Policy and Priorities Board (NERPPB) has asked the NRC to establish a study committee to consider the scientific underpinnings of research in education. The committee consists of members with expertise in statistics, psychology, sociology, anthropology, philosophy of science, history of education, economics, chemistry, biology, and education practice. The committee worked with the three questions in mind: What are the principles of scientific quality in education research?, How can research-based knowledge in education cumulate?, and How can a federal research agency promote and protect scientific quality in the education research it supports?. A workshop was held on March 7-8, 2001 that was organized into three main sessions: Supporting Scientific Quality at the Federal level, The Interface of Research and Practice in Education, and Evidence and Inference. Science, Evidence, and Inference in Education: Report of a Workshop summarizes this workshop through these three ideas. The report also includes what the committee plans to do next, the workshop agenda, and information on the workshop's participants and speakers.
Download or read book Trusting Records written by H. MacNeil and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trustworthy record is one that is both an accurate statement of facts and a genuine manifestation of those facts. Record trustworthiness thus has two qualitative dimensions: reliability and authenticity. Reliability means that the record is capable of standing for the facts to which it attests, while authenticity means that the record is what it claims to be. This study explores the evolution of the principles and methods for determining record trustworthiness from antiquity to the digital age, and from the perspectives of law and history. It also examines recent efforts undertaken by researchers in the field of archival science to develop methods for ensuring the trustworthiness of records created and maintained in electronic systems. Audience: The target audience for this study is legal scholars working in the field of evidence law, historians working in the field of historical methodology, and recordkeeping professionals (records managers, information technology specialists, archivists) working on the design and implementation of contemporary organizational recordkeeping systems.
