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Author : Philip M. Halpern
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2020
Category : Burden of proof
ISBN : 1641056703
"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--
Author : Dale A. Nance
Publisher : Cambridge University Press
Page : 0 pages
File Size : 41,7 Mb
Release : 2018-12-20
Category : Law
ISBN : 1107570484
Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.
Author : Douglas Walton
Publisher : Cambridge University Press
Page : 321 pages
File Size : 48,9 Mb
Release : 2014-06-30
Category : Computers
ISBN : 9781107046627
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.
Author : Richard H. Gaskins
Publisher : Yale University Press
Page : 390 pages
File Size : 40,9 Mb
Release : 1995-02-22
Category : Law
ISBN : 0300063067
Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.
Author : Albert Kenneth Roland Kiralfy
Publisher : Butterworths
Page : 296 pages
File Size : 41,5 Mb
Release : 1987
Category : Burden of proof
ISBN : IND:39000007907483
Author : Susanna Egan
Publisher : Wilfrid Laurier Univ. Press
Page : 210 pages
File Size : 50,8 Mb
Release : 2011-04-20
Category : Biography & Autobiography
ISBN : 9781554583690
Autobiographical impostures, once they come to light, appear to us as outrageous, scandalous. They confuse lived and textual identity (the person in the world and the character in the text) and call into question what we believe, what we doubt, and how we receive information. In the process, they tell us a lot about cultural norms and anxieties. Burdens of Proof: Faith, Doubt, and Identity in Autobiography examines a broad range of impostures in the United States, Canada, and Europe, and asks about each one: Why this particular imposture? Why here and now? Susanna Egan’s historical survey of texts from early Christendom to the nineteenth century provides an understanding of the author in relation to the text and shows how plagiarism and other false claims have not always been regarded as the frauds we consider them today. She then explores the role of the media in the creation of much contemporary imposture, examining in particular the cases of Jumana Hanna, Norma Khouri, and James Frey. The book also addresses ethnic imposture, deliberate fictions, plagiarism, and ghostwriting, all of which raise moral, legal, historical, and cultural issues. Egan concludes the volume with an examination of how historiography and law failed to support the identities of European Jews during World War II, creating sufficient instability in Jewish identity and doubt about Jewish wartime experience that the impostor could step in. This textual erasure of the Jews of Europe and the refashioning of their experiences in fraudulent texts are examples of imposture as an outcrop of extreme identity crisis. The first to examine these issues in North America and Europe, Burdens of Proof will be of interest to scholars of life writing and cultural studies.
Author : Richard H. Gaskins
Publisher : Unknown
Page : 362 pages
File Size : 47,6 Mb
Release : 1992
Category : Law
ISBN : 0300057164
This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse-from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction.
Author : Jean-Francois Blanchette
Publisher : MIT Press
Page : 283 pages
File Size : 49,8 Mb
Release : 2012-04-27
Category : Computers
ISBN : 9780262300803
An examination of the challenges of establishing the authenticity of electronic documents—in particular the design of a cryptographic equivalent to handwritten signatures. The gradual disappearance of paper and its familiar evidential qualities affects almost every dimension of contemporary life. From health records to ballots, almost all documents are now digitized at some point of their life cycle, easily copied, altered, and distributed. In Burdens of Proof, Jean-François Blanchette examines the challenge of defining a new evidentiary framework for electronic documents, focusing on the design of a digital equivalent to handwritten signatures. From the blackboards of mathematicians to the halls of legislative assemblies, Blanchette traces the path of such an equivalent: digital signatures based on the mathematics of public-key cryptography. In the mid-1990s, cryptographic signatures formed the centerpiece of a worldwide wave of legal reform and of an ambitious cryptographic research agenda that sought to build privacy, anonymity, and accountability into the very infrastructure of the Internet. Yet markets for cryptographic products collapsed in the aftermath of the dot-com boom and bust along with cryptography's social projects. Blanchette describes the trials of French bureaucracies as they wrestled with the application of electronic signatures to real estate contracts, birth certificates, and land titles, and tracks the convoluted paths through which electronic documents acquire moral authority. These paths suggest that the material world need not merely succumb to the virtual but, rather, can usefully inspire it. Indeed, Blanchette argues, in renewing their engagement with the material world, cryptographers might also find the key to broader acceptance of their design goals.
Author : Gary Lawson
Publisher : University of Chicago Press
Page : 259 pages
File Size : 44,6 Mb
Release : 2017-02-21
Category : Law
ISBN : 9780226432052
"As Gary Lawson shows, legal claims are inherently objects of proof, and whether or not the law acknowledges the point openly, proof of legal claims is just a special case of the more general norms governing proof of any claim. As a result, similar principles of evidentiary admissibility, standards of proof, and burdens of proof operate, and must operate, in the background of claims about the law. This book brings these evidentiary principles for proving law out of the shadows so that they can be analyzed, clarified, and discussed."--Amazon website.
Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
Page : 316 pages
File Size : 43,5 Mb
Release : 2019
Category : Language Arts & Disciplines
ISBN : 9780817320171
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Author : Torsten Stirner
Publisher : Martinus Nijhoff Publishers
Page : 520 pages
File Size : 41,9 Mb
Release : 2021-07-15
Category : Law
ISBN : 9789004463134
This book provides a comparative assessment of the procedural law governing facts and evidence with references to over 900 judgments and decisions of the European and the Inter-American Court of Human Rights as well as the UN Human Rights Committee. It identifies underlying principles which govern the procedural law of these international human rights institutions. Based on the premise of a contextualized procedural law governing facts and evidence, the book analyzes where current approaches lack a foundation in the contextualization premise and offers solutions for recurring procedural problems relating to questions of subsidiarity in fact-finding, burden and standard of proof, as well as the admissibility and evaluation of evidence.
Author : Jasmina Mačkić
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2018
Category : Burden of proof
ISBN : 9004359842
In Proving Discriminatory Violence at the European Court of Human Rights Jasmina Mačkic explores the engagement of a fundamental European institution with the phenomenon of discriminatory violence, namely, the European Court of Human Rights.
Author : Rupert Cross,Sir Alfred Rupert Neale Cross,Sir Rupert Cross
Publisher : CUP Archive
Page : 24 pages
File Size : 50,9 Mb
Release : 1976-10-14
Category : Law
ISBN : 052121405X
Author : Dale A. Nance
Publisher : Cambridge University Press
Page : 345 pages
File Size : 44,8 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781107124189
This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.
Author : Andrew Choo
Publisher : Oxford University Press
Page : 457 pages
File Size : 45,7 Mb
Release : 2018
Category : Evidence (Law)
ISBN : 9780198806844
Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.