The Social Epistemology Of Legal Trials

Author : Zachary Hoskins,Jon Robson
Publisher : Routledge
Page : 178 pages
File Size : 51,7 Mb
Release : 2021-02-16
Category : Philosophy
ISBN : 9781000345469

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The Social Epistemology of Legal Trials by Zachary Hoskins,Jon Robson Pdf

This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.

Author : Alvin I. Goldman,Dennis Whitcomb
Publisher : Oxford University Press
Page : 368 pages
File Size : 51,9 Mb
Release : 2011
Category : Philosophy
ISBN : 9780195334531

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Social Epistemology by Alvin I. Goldman,Dennis Whitcomb Pdf

An outstanding voice in the field, the jazz critic for The Village Voice leads readers through the first century of the music in a voluminous, expert account of the great jazz artists past and present and their distinctive contributions. UP.

Author : Alvin Goldman,Dennis Whitcomb
Publisher : Oxford University Press
Page : 368 pages
File Size : 55,5 Mb
Release : 2011-02-11
Category : Philosophy
ISBN : 0199841047

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Social Epistemology by Alvin Goldman,Dennis Whitcomb Pdf

What if anything justifies us in believing the testimony of others? How should we react to disagreement between ourselves and our peers, and to disagreement among the experts when we ourselves are novices? Can beliefs be held by groups of people in addition to the people composing those groups? And if so, how should groups go about forming their beliefs? How should we design social systems, such as legal juries and scientific research-sharing schemes, to promote knowledge among the people who engage in them? When different groups of people judge different beliefs to be justified, how can we tell which groups are correct? These questions are at the heart of the vital discipline of social epistemology. The classic articles in this volume address these questions in ways that are both cutting-edge and easy to understand. This volume will be of great interest to scholars and students in epistemology.

Author : Christian Dahlman,Alex Stein,Giovanni Tuzet
Publisher : Oxford University Press
Page : 433 pages
File Size : 54,6 Mb
Release : 2021-09-30
Category : Law
ISBN : 9780192603098

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Philosophical Foundations of Evidence Law by Christian Dahlman,Alex Stein,Giovanni Tuzet Pdf

Philosophy has a strong presence in evidence law and the nature of evidence is a highly debated topic in both general and social epistemology; legal theorists working in the evidence law area draw on different underlying philosophical theories of knowledge, inference and probability. Core evidentiary concepts and principles, such as the presumption of innocence, standards of proof, and others, reply on moral and political philosophy for their understanding and interpretation. Written by leading scholars across the globe, this volume brings together philosophical debates on the nature and function of evidence, proof, and law of evidence. It presents a cross-disciplinary overview of central issues in the theory and methodology of legal evidence and covers a wide range of contemporary debates on topics such as truth, proof, economics, gender, and race. The volume covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation. Divided in to five parts, Philosophical Foundations of Evidence Law, covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory and inference to the best explanation.

Author : Larry Laudan
Publisher : Cambridge University Press
Page : 256 pages
File Size : 55,5 Mb
Release : 2008-04-28
Category : Philosophy
ISBN : 052173035X

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Truth, Error, and Criminal Law by Larry Laudan Pdf

This book treats problems in the epistemology of the law. 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.

Author : Casey Rebecca Johnson
Publisher : Taylor & Francis
Page : 96 pages
File Size : 50,6 Mb
Release : 2023-02-24
Category : Philosophy
ISBN : 9781000834901

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Epistemic Care by Casey Rebecca Johnson Pdf

This book uses the framework of care ethics to articulate a novel theory of our epistemic obligations to one another. It presents an original way to understand our epistemic vulnerabilities, our obligations in education, and our care duties toward others with whom we stand in epistemically vulnerable relationships. As embodied and socially interdependent knowers, we have obligations to one another that are generated by our ability to care – that is, to meet each other’s epistemic vulnerabilities. The author begins the book by arguing that the same motivations that moved social epistemologists away from individualistic epistemology should motivate a move to a care-based theory. The following chapters outline our epistemic care duties to vulnerable agents, and offer criteria of epistemic goodness for communities of inquiry. Finally, the author discusses the tension between epistemic care and epistemic paternalism. Epistemic Care will be of interest to scholars and advanced students working in social epistemology, ethics, feminist philosophy, and philosophy of education.

Author : Miranda Fricker,Peter J. Graham,David Henderson,Nikolaj J.L.L. Pedersen
Publisher : Routledge
Page : 490 pages
File Size : 42,8 Mb
Release : 2019-07-19
Category : Philosophy
ISBN : 9781317511489

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The Routledge Handbook of Social Epistemology by Miranda Fricker,Peter J. Graham,David Henderson,Nikolaj J.L.L. Pedersen Pdf

Edited by an international team of leading scholars, The Routledge Handbook of Social Epistemology is the first major reference work devoted to this growing field. The Handbook’s 46 chapters, all appearing in print here for the first time, and written by philosophers and social theorists from around the world, are organized into eight main parts: Historical Backgrounds The Epistemology of Testimony Disagreement, Diversity, and Relativism Science and Social Epistemology The Epistemology of Groups Feminist Epistemology The Epistemology of Democracy Further Horizons for Social Epistemology With lists of references after each chapter and a comprehensive index, this volume will prove to be the definitive guide to the burgeoning interdisciplinary field of social epistemology.

Author : Susan Haack
Publisher : Cambridge University Press
Page : 445 pages
File Size : 44,9 Mb
Release : 2014-07-28
Category : Law
ISBN : 9781107039964

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Evidence Matters by Susan Haack Pdf

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

Author : Steven Bland
Publisher : Taylor & Francis
Page : 305 pages
File Size : 49,8 Mb
Release : 2023-12-01
Category : Philosophy
ISBN : 9781003823315

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Rationality in Context by Steven Bland Pdf

This book uses the psychological literature on rationality to weigh in on the recent debate between virtue epistemologists and epistemic situationists. It argues that both sides have misconstrued the literature and that an interactionist framework is needed to square epistemic theory with empirical facts about reasoning and inference. The explosion of empirical literature on human rationality has led to seismic shifts across a multitude of academic disciplines. This book considers its implications for epistemology. In particular, it critically evaluates the treatment of the rationality literature within the recent controversy between virtue epistemologists, who attempt to ground knowledge in stable epistemic virtues, and epistemic situationists, who claim that such a project is doomed by empirical evidence of widespread irrationality. It links this foundational controversy to two of the most important debates in psychology: the Rationality Wars and the person-situation debate. The book argues that both virtue theorists and epistemic situationists have misunderstood the implications of these debates, leading them to focus exclusively on personal dispositions and situational factors as two independent sources of epistemic success, failure, and improvement. A more accurate reading of the empirical literature implies that interactions between epistemic agents and their social, informational, and institutional environments are the fundamental drivers of both rational and irrational behaviour. An interactionist framework motivated by this insight conceives of epistemic virtues and vices as both responsive to and responsible for the environments in which they’re manifested and cultivated. The central aim of this book is to present and defend this novel type of virtue epistemology. Rationality in Context will be of interest to scholars and advanced students working in epistemology, philosophy of science, philosophy of psychology, cognitive psychology, and social psychology.

Author : Adriana Placani,Stearns Broadhead
Publisher : Taylor & Francis
Page : 246 pages
File Size : 50,7 Mb
Release : 2023-08-31
Category : Philosophy
ISBN : 9781000981919

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Risk and Responsibility in Context by Adriana Placani,Stearns Broadhead Pdf

This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies.

Author : Alvin I. Goldman
Publisher : Oxford University Press
Page : 336 pages
File Size : 51,5 Mb
Release : 2012-03-13
Category : Philosophy
ISBN : 9780199812882

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Reliabilism and Contemporary Epistemology by Alvin I. Goldman Pdf

This is the most up-to-date collection of essays by the leading proponent of process reliabilism, refining and clarifying that theory and critiquing its rivals. The volume features important essays on the internalism/externalism debate, epistemic value, the intuitional methodology of philosophy, and social epistemology.

Author : Paul Roberts
Publisher : Routledge
Page : 558 pages
File Size : 55,5 Mb
Release : 2017-07-05
Category : Business & Economics
ISBN : 9781351567398

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Expert Evidence and Scientific Proof in Criminal Trials by Paul Roberts Pdf

Forensic science evidence and expert witness testimony play an increasingly prominent role in modern criminal proceedings. Science produces powerful evidence of criminal offending, but has also courted controversy and sometimes contributed towards miscarriages of justice. The twenty-six articles and essays reproduced in this volume explore the theoretical foundations of modern scientific proof and critically consider the practical issues to which expert evidence gives rise in contemporary criminal trials. The essays are prefaced by a substantial new introduction which provides an overview and incisive commentary contextualising the key debates. The volume begins by placingforensic science in interdisciplinary focus, with contributions from historical, sociological, Science and Technology Studies (STS), philosophical and jurisprudential perspectives. This is followed by closer examination of the role of forensic science and other expert evidence in criminal proceedings, exposing enduring tensions and addressing recent controversies in the relationship between science and criminal law. A third set of contributions considers the practical challenges of interpreting and communicating forensic science evidence. This perennial battle continues to be fought at the intersection between the logic of scientific inference and the psychology of the fact-finder‘scommon sense reasoning. Finally, the volume‘s fourth group of essays evaluates the (limited) success of existing procedural reforms aimed at improving the reception of expert testimony in criminal adjudication, and considers future prospects for institutional renewal - with a keen eye to comparative law models and experiences, success stories and cautionary tales.

Author : Morten Bergsmo,Emiliano J. Buis
Publisher : Torkel Opsahl Academic EPublisher
Page : 340 pages
File Size : 42,7 Mb
Release : 2019-02-21
Category : Law
ISBN : 9788283481204

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Philosophical Foundations of International Criminal Law by Morten Bergsmo,Emiliano J. Buis Pdf

Author : H. L. Ho
Publisher : Oxford University Press on Demand
Page : 362 pages
File Size : 50,8 Mb
Release : 2008-03-06
Category : Law
ISBN : 9780199228300

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A Philosophy of Evidence Law by H. L. Ho Pdf

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 : Awol Allo
Publisher : Routledge
Page : 240 pages
File Size : 53,7 Mb
Release : 2016-09-06
Category : Electronic
ISBN : 1138693952

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Law and Resistance by Awol Allo Pdf

Taking Michel Foucault s genealogical analysis of power and resistance as its starting point, the book asks, from below, is there something in the very nature of law that is, in its discursive and institutional dynamics, in its spatial, material, and temporal coordinates; in its own conceptual categories, claims, mechanisms, and processes that makes it something more than the mere instrument and armature of power? If those in power can utilize the devices of law and justice to achieve political ends, isn t there something about these devices that can accommodate fresh articulations? Contending that there are, indeed, discursive, spatial, and temporal resources that can be reconfigured and redeployed as a counter-power and counter-discourse against sovereignty, the book takes as its focus the judicial apparatus; and, more specifically, the concept of the political or show trial. Examining the landmark political trials of Nelson Mandela, Marwan Barghouti, and Bobby Seale, the political trial, it is argued, evinces a crisis of law and sovereignty: a moment where the submerged crisis of sovereignty appears all across the normative structures of the system. The book thus considers the different ways in which a politics of resistance is enabled in the courtroom: as it uncovers a performative logic that contingently conditions, and thus breaks open, law s otherwise closed normativity."