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Author : John Reynolds Gulson
Publisher : Unknown
Page : 448 pages
File Size : 51,6 Mb
Release : 1923
Category : Evidence
ISBN : UOM:39015018644156
Author : Baosheng Zhang,Shijun Tong,Jing Cao,Chuanming Fan
Publisher : Springer Nature
Page : 321 pages
File Size : 46,5 Mb
Release : 2021-01-04
Category : Law
ISBN : 9789811596391
This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.
Author : John Reynolds Gulson
Publisher : Unknown
Page : 520 pages
File Size : 55,7 Mb
Release : 1905
Category : Burden of proof
ISBN : UOM:39015069759382
Author : Solomon E. Salako
Publisher : Bookboon
Page : 110 pages
File Size : 54,5 Mb
Release : 2010
Category : Electronic
ISBN : 9788776816858
Author : Henry Prakken,Hendrik Kaptein
Publisher : Routledge
Page : 302 pages
File Size : 52,9 Mb
Release : 2016-04-22
Category : Law
ISBN : 9781317106302
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Author : Yoriko Otomo,Edward Mussawir
Publisher : Routledge
Page : 209 pages
File Size : 40,7 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781135095284
This book addresses the problem of ‘animal life’ in terms that go beyond the usual extension of liberal rights to animals. The discourse of animal rights is one that increasingly occupies the political, ethical and intellectual terrain of modern society. But, although the question of the status of animals holds an important place within a range of civil, political and technological disciplines, the issue of rights in relation to animals usually rehearses the familiar perspectives of legal, moral and humanist philosophy. ‘Animal law’ is fast becoming a topic of significant contemporary interest and discussion. This burgeoning interest has not, however, been matched by renewed inquiry into the jurisprudential frames and methods for the treatment of animals in law, nor the philosophical issue of the ‘human’ and the ‘animal’ that lies at law’s foundation. Responding to this interest, Law and the Question of the Animal: A Critical Jurisprudence brings together leading and emerging critical legal theorists to address the question of animality in relation to law’s foundations, practices and traditions of thought. In so doing, it engages a surprisingly underdeveloped aspect of the moral philosophies of animal rights, namely their juridical register and existence. How does ‘animal law’ alter our juridical image of personality or personhood? How do the technologies of law intersect with the technologies that invent, create and manage animal life? And how might the ethical, ontological and ceremonial relation between humans and animals be linked to a common source or experience of law?
Author : H. L. Ho
Publisher : Oxford University Press on Demand
Page : 362 pages
File Size : 54,7 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780199228300
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.
Author : Kung-Chung Liu,Reto M. Hilty
Publisher : Kluwer Law International B.V.
Page : 600 pages
File Size : 45,6 Mb
Release : 2021-08-11
Category : Law
ISBN : 9789403531045
In recent years, as companies implement strategies to protect their intellectual property in a competitive environment with rapidly developing technology, trade secret protection law has gained increasing importance. This is especially true in Asia, where the staggering commercial value of trade secrets, fierce cross-border competition, and large-scale labour mobility characterize the region’s economy. This book – the first systematic study of trade secret protection law covering a number of key Asian jurisdictions – provides a detailed analysis of the relevant statutory and case law of Japan, Korea, China, Taiwan, Thailand, Singapore, Hong Kong, Malaysia, and India. In addition, a chapter on European Union trade secret protection law is included for further purposes of comparison. Thirty-one local experts provide a clear overview of national laws and practices by examining the following aspects of their respective national regimes: requirements of trade secrets; validity and scope of confidentiality and/or non-competition clauses; burden of proof and its shifting or reversal; order for protecting the secrecy of a trade secret during prosecution and trial; civil remedies (injunctive relief and damages); and criminal punishment for trade secret infringement. With its authoritative insights and comprehensive coverage of the dynamic and multifaceted development of trade secret protection law in Asia, the book will be a primer for practitioners, corporate counsels, judges, and scholars concerned with cross-border protection of intellectual assets.
Author : Jeremy Bentham
Publisher : Unknown
Page : 678 pages
File Size : 51,7 Mb
Release : 1827
Category : Electronic
ISBN : BSB:BSB10553820
Author : Christian Dahlman,Alex Stein,Giovanni Tuzet
Publisher : Unknown
Page : 128 pages
File Size : 42,9 Mb
Release : 2021
Category : Electronic books
ISBN : 0191891746
Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume's contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law.
Author : Anonim
Publisher : Unknown
Page : 1246 pages
File Size : 54,7 Mb
Release : 1935
Category : Law reviews
ISBN : STANFORD:36105064158525
Author : Jeremy Bentham
Publisher : Unknown
Page : 320 pages
File Size : 49,6 Mb
Release : 1842
Category : Ethics
ISBN : UOM:39015070476406
Author : Taylor & Francis Group
Publisher : Routledge
Page : 302 pages
File Size : 41,9 Mb
Release : 2019-05-31
Category : Electronic
ISBN : 1138251968
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Author : John Henry Wigmore
Publisher : Unknown
Page : 1096 pages
File Size : 51,8 Mb
Release : 1931
Category : Evidence
ISBN : STANFORD:36105044106081
Author : S. N. Phillips
Publisher : Createspace Independent Publishing Platform
Page : 194 pages
File Size : 50,6 Mb
Release : 2016-03-24
Category : Electronic
ISBN : 1530729343
From the Introduction: THE THEORY PRESUMPTIVE PROOF. THERE is no branch of legal knowledge which is of more general utility, than that which regards the rules of evidence. The first point in every trial, is to establish the facts of the case; for he who fails in his proof, fails in everything. Although the jurists hold the law to be always fixed and certain, yet the discovery of the fact, they say, may deceive the most skillful. No work has as yet appeared in the English language on the theory of evidence; and the nature of circumstantial evidence has been still less inquired into. The object of the present Essay is to inquire into some of the more general principles of legal proof, and particularly into that species of proof which is founded on presumptions, and is known to the English lawyer by the name of circumstantial evidence. Evidence and proof are often confounded, as implying the same idea; but they differ, as cause and effect. Proof is the legal credence which the law gives to any statement, by witnesses or writings; evidence is the legal process by which that proof is made. Hence, we say, that the law admits of no proof but such as is made agreeably to its own principles. The principles of evidence are founded on our observations on human conduct, on common life, and living manners: they are not just because they are rules of law; but they are rules of law because they are just and reasonable. It has been found, from common observation, that certain circumstances warrant certain presumptions. Thus, that a mother shall feel an affection for her child, -that a man shall be influenced by his interest, -that youth shall be susceptible of the passion of love,-are laws of our general nature, and grounds of evidence in every country. Of the two women who contended for their right to the child, she was declared to be the mother who would not consent to its being divided betwixt them. When Lothario tells us that he stole alone, at night, into the chamber of his mistress, "hot with the Tuscan grape, and high in blood!" Cætcra quis ncscit? As the principles of evidence are founded on the observations of what we have seen, or believed to have been passing in real life, they will accordingly be suited to the state of the society in which we live, or to the manners and habits of the times. The following passage, in the excellent memoirs of Philip de Comines, I believe to be perfectly true, because it is confirmed by other accounts of the general state of manners at the period when he wrote. Louis XI. distributed, he asserts, for corrupt purposes, sixteen thousand crowns among the King of England's officers that were about his person, particularly to the chancellor, the master of the rolls, the lord chancellor, &c. The truth of this narrative has never been called in question, because it is given by an historian of great gravity and character, and is illustrated by the manners of the age; yet although the author says that his design in writing of these transactions, is to show the method and conduct of all human affairs, by the reading of which such persons as are employed in the negotiation of great matters, may be instructed how to manage their administrations, we should find it difficult to give credence to such facts, if related of any modern lord high chancellor or officer of state of the court o England.