Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 33 2017 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-11-28 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of two volumes (9789004327955).
Download or read book La prueba written by Rivera Morales, Rodrigo and published by Marcial Pons. This book was released on 2011-08-09 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrar justicia y despejar las situaciones de incertidumbre se realiza a través de un complejo proceso de conocimiento y de toma de decisiones, en las cuales intervienen activamente las partes y el juez. Obviamente, para obtener una decisión justa se requiere la combinación democrática y garantista de la actividad de las partes y el juzgamiento correcto del juez. El problema mayor para la obtención de una sentencia justa deriva de la prueba y su conformación con la realidad. Debe reconocerse que los abogados no estamos suficientemente preparados en materia probatoria, ni la ciencia del Derecho se ha preocupado por la valoración racional garantista de los resultados. Esta obra mira la prueba desde la perspectiva de los hechos y hace un estudio desde la teoría científica factual y desde la psicología del conocimiento. Expresa que el proceso es y debe ser un medio eficaz y efectivo de conocimiento del caso, para lo cual se debe adelantar una actividad probatoria previa y dentro del proceso. En segundo lugar, se acomete el trabajo analítico de estudiar las reglas procesales y la forma de instrumentación de los medios probatorios en las que se opera el traslado de las fuentes de prueba al proceso para reproducir imaginariamente los hechos. En tercer lugar, se intenta establecer qué; debe interpretarse por verdad material y la forma de alcanzarla en el proceso, desde una reflexión de la epistemología, la psicología del conocimiento y la metodología judicial de conocimiento. Finalmente, desde el garantismo se examina y postula la teoría de la valoración racional de la prueba como el sistema más acorde para lograr una auténtica administración de justicia y proferir un fallo justo sobre la base de la verdad o la probabilidad de la misma. ÍNDICE (Resumen): La prueba. Problemática de la verdad. La carga de la prueba. La aportación de medios de prueba y prueba. La decisión (sentencia) del litigio. Recursos frente a la infracción de la valoración probatoria.
Download or read book Law and Neuroscience written by Michael Freeman and published by OUP Oxford. This book was released on 2011-02-10 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at Univesity College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Neuroscience, the latest volume in the Current Legal Issues series, offers an insight into the state of law and nueroscience scholarship today. Focussing on the inter-connections between the two disciplines, it addresses the key issues informing current debates.
Download or read book Global Environmental Constitutionalism written by James R. May and published by Cambridge University Press. This book was released on 2015 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.
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 C digos latinoamericanos de procedimiento penal written by and published by . This book was released on 1996 with total page 934 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 30 2014 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-08-15 with total page 1241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The print edition is available as a set of three volumes (9789004326590).
Download or read book C digos latinoamericanos de procedimiento penal written by Luis Salas and published by . This book was released on 1991 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foundations of Evidence Law written by Alex Stein and published by Oxford University Press on Demand. This book was released on 2005 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Inter American Yearbook on Human Rights Anuario Interamericano de Derechos Humanos Volume 22 2006 written by Inter-American Commission on Human Rights and published by BRILL. This book was released on 2022-10-24 with total page 1539 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Roma Tre Law Review 01 2020 written by Giulio Napolitano and published by Roma TrE-Press. This book was released on 2020-07-14 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roma Tre Law Review (R3LR) is an open-source peer-reviewed e-journal which aims to offer a digital forum for scholarly debate on issues of comparative law, international law, law and economics, law and society, criminal law, legal history, and teaching methods in law.
Download or read book The Tapestry of Reason written by Amalia Amaya and published by Bloomsbury Publishing. This book was released on 2015-04-30 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.
Download or read book Law Fact and Narrative Coherence written by Bernard S. Jackson and published by Deborah Charles Publications. This book was released on 1988 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique of the construction of both fact and law in the adversary process of the courtroom, based on theories of narrative typification as developed by lawyers, psychologists and semioticians. It challenges conventional views of truth and logic and directs attention to the narratives of the courtrooom behaviour of lawyers themselves. It concludes with a discussion of the relationship of such theories to critical legal studies.
Download or read book Foreign Investment and the Environment in International Law written by Jorge E. Viñuales and published by Cambridge University Press. This book was released on 2012-09-13 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides academics and practitioners with a detailed analysis of the interface between foreign investment and environmental law.
Download or read book Theories of Evidence written by William Twining and published by Butterworths. This book was released on 1985-01 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the intellectual background to many of the debates concerning evidence, inference and probability.
Download or read book ILSA Journal of International Comparative Law written by and published by . This book was released on 1998 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt:
