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Truth Error and Criminal Law

Truth  Error  and Criminal Law Author Larry Laudan
ISBN-10 9781139457088
Release 2006-06-05
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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.

Common Law Theory

Common Law Theory Author Douglas E. Edlin
ISBN-10 9781139465694
Release 2007-10-22
Pages 247
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In this book, legal scholars, philosophers, historians and political scientists from Australia, Canada, New Zealand, the United Kingdom and the United States analyze the common law through three of its classic themes: rules, reasoning and constitutionalism. Their essays, specially commissioned for this volume, provide an opportunity for thinkers from different jurisdictions and disciplines to talk to each other and to their wider audience within and beyond the common law world. This book allows scholars and students to consider how these themes and concepts relate to one another. It will initiate and sustain a more inclusive and well-informed theoretical discussion of the common law's method, process and structure. It will be valuable to lawyers, philosophers, political scientists and historians interested in constitutional law, comparative law, judicial process, legal theory, law and society, legal history, separation of powers, democratic theory, political philosophy, the courts and the relationship of the common law tradition to other legal systems of the world.

Basic Concepts of Criminal Law

Basic Concepts of Criminal Law Author George P. Fletcher
ISBN-10 9780190623487
Release 1998-08-05
Pages 240
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In the United States today criminal justice can vary from state to state, as various states alter the Modern Penal Code to suit their own local preferences and concerns. In Eastern Europe, the post-Communist countries are quickly adopting new criminal codes to reflect their specific national concerns as they gain autonomy from what was once a centralized Soviet policy. As commonalities among countries and states disintegrate, how are we to view the basic concepts of criminal law as a whole? Eminent legal scholar George Fletcher acknowledges that criminal law is becoming increasingly localized, with every country and state adopting their own conception of punishable behavior, determining their own definitions of offenses. Yet by taking a step back from the details and linguistic variations of the criminal codes, Fletcher is able to perceive an underlying unity among diverse systems of criminal justice. Challenging common assumptions, he discovers a unity that emerges not on the surface of statutory rules and case law but in the underlying debates that inform them. Basic Concepts of Criminal Law identifies a set of twelve distinctions that shape and guide the controversies that inevitably break out in every system of criminal justice. Devoting a chapter to each of these twelve concepts, Fletcher maps out what he considers to be the deep structure of all systems of criminal law. Understanding these distinctions will not only enable students to appreciate the universal fundamental ideas of criminal law, but will enable them to understand the significance of local details and variations. This accessible illustration of the unity of diverse systems of criminal justice will provoke and inform students and scholars of law and the philosophy of law, as well as lawyers seeking a better understanding of the law they practice.

Law Virtue and Justice

Law  Virtue and Justice Author Amalia Amaya
ISBN-10 9781782250326
Release 2012-12-20
Pages 336
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This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality.

Philosophical Foundations of Criminal Law

Philosophical Foundations of Criminal Law Author R. A. Duff
ISBN-10 9780191654701
Release 2013-01-24
Pages 560
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Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.

Reliabilism and Contemporary Epistemology

Reliabilism and Contemporary Epistemology Author Alvin I. Goldman
ISBN-10 9780199812875
Release 2012-03-13
Pages 320
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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.

The Law s Flaws

The Law s Flaws Author Larry Laudan
ISBN-10 1848901992
Release 2016-08-22
Pages 228
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This is a book about the law's failure as a system of empirical inquiry. While the US Supreme Court repeatedly says that the aim of a trial is to find out the truth about a crime, there is abundant evidence that many of the rules of evidence and legal procedure are not truth-conducive. Quite the contrary; many are truth-thwarting. Relevant evidence of defendant's guilt is often excluded; reasonable inferences from the available evidence are likewise often excluded. When a defendant elects not to testify, jurors are told to draw no inculpatory inferences from the former's refusal to be questioned. If evidence of prior crimes committed by the defendant is admitted (and often it is excluded), jurors are strictly told to use them only for deciding whether the defendant lied during his testimony and not as evidence of his guilt. Making matters worse, the most important evidence rule of all (saying that defendant can be convicted only if there are no reasonable doubts about his guilt) is monumentally vague; and judges are under firm instruction to decline jurors' frequent requests to explain what a 'reasonable doubt' is. Lastly, this book examines the fact that American courts collect little information about how often they convict the innocent and no information about how often they acquit the guilty. This is tragic because ignorance of the error rates in trials and in plea bargains means that citizens have no grounds for confidence in the judicial system; such a condition of non-transparency should be unacceptable in a democracy. Reform is urgent and this book sketches some of the necessary changes.

The Judicial Assessment of Expert Evidence

The Judicial Assessment of Expert Evidence Author Déirdre Dwyer
ISBN-10 9780521509701
Release 2008-12-18
Pages 435
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Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.

Proceedings and Addresses of the American Philosophical Association

Proceedings and Addresses of the American Philosophical Association Author American Philosophical Association
ISBN-10 MINN:31951P01027275L
Release 2006
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Proceedings and Addresses of the American Philosophical Association has been writing in one form or another for most of life. You can find so many inspiration from Proceedings and Addresses of the American Philosophical Association also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Proceedings and Addresses of the American Philosophical Association book for free.

Evidence Matters

Evidence Matters Author Susan Haack
ISBN-10 9781107039964
Release 2014-07-28
Pages 446
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Susan Haack brings her distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues.

Bibliografisch Repertorium Van de Wijsbegeerte

Bibliografisch Repertorium Van de Wijsbegeerte Author
ISBN-10 STANFORD:36105132651923
Release 2008
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Bibliografisch Repertorium Van de Wijsbegeerte has been writing in one form or another for most of life. You can find so many inspiration from Bibliografisch Repertorium Van de Wijsbegeerte also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Bibliografisch Repertorium Van de Wijsbegeerte book for free.

Conjectures and Refutations

Conjectures and Refutations Author Karl Popper
ISBN-10 9781135971373
Release 2014-05-01
Pages 608
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Conjectures and Refutations is one of Karl Popper's most wide-ranging and popular works, notable not only for its acute insight into the way scientific knowledge grows, but also for applying those insights to politics and to history. It provides one of the clearest and most accessible statements of the fundamental idea that guided his work: not only our knowledge, but our aims and our standards, grow through an unending process of trial and error.

Truth Error and Criminal Law China Edition

Truth  Error  and Criminal Law China Edition Author Professor Larry Laudan
ISBN-10 7301259549
Release 2017-04-01
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Examines the problems in the epistemology of law and the function of a criminal court.

Oxford studies in epistemology

Oxford studies in epistemology Author Tamar Szabó Gendler
ISBN-10 0199584095
Release 2010-08-13
Pages 334
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Oxford Studies in Epistemology is a biennial publicaton which offers a regular snapshot of state-of-the-art work in this important field. Under the guidance of a distinguished editorial board composed of leading philosophers in North America, Europe and Australasia, it publishes exemplary papers in epistemology, broadly construed. Topics within its purview include: *traditional epistemological questions concerning the nature of belief, justification, and knowledge, the status of scepticism, the nature of the a priori, etc *new developments in epistemology, including movements such as naturalized epistemology, feminist epistemology, social epistemology, and virtue epistemology, and approaches such as contextualism *foundational questions in decision-theory *confirmation theory and other branches of philosophy of science that bear on traditional issues in epistemology *topics in the philosophy of perception relevant to epistemology *topics in cognitive science, computer science, developmental, cognitive, and social psychology that bear directly on traditional epistemological questions *work that examines connections between epistemology and other branches of philosophy, including work on testimony and the ethics of belief Anyone wanting to understand the latest developments at the leading edge of the discipline can start here.

Bibliographie Internationale de Science Politique

Bibliographie Internationale de Science Politique Author
ISBN-10 UOM:39015066247878
Release 2006
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Bibliographie Internationale de Science Politique has been writing in one form or another for most of life. You can find so many inspiration from Bibliographie Internationale de Science Politique also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Bibliographie Internationale de Science Politique book for free.

Campus Hate Speech on Trial

Campus Hate Speech on Trial Author Timothy C. Shiell
ISBN-10 0700609970
Release 1999-08-01
Pages 205
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The debate over speech codes for colleges and universities centres on two conflicting goals: the need to ensure free speech and the desire to limit racist, sexist and similar speech. This is an analysis of the historical, legal and philosophical arguments for both sides.

Roads to Infinity

Roads to Infinity Author John C. Stillwell
ISBN-10 9781439865507
Release 2010-07-13
Pages 250
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Winner of a CHOICE Outstanding Academic Title Award for 2011! This book offers an introduction to modern ideas about infinity and their implications for mathematics. It unifies ideas from set theory and mathematical logic, and traces their effects on mainstream mathematical topics of today, such as number theory and combinatorics. The treatment is historical and partly informal, but with due attention to the subtleties of the subject. Ideas are shown to evolve from natural mathematical questions about the nature of infinity and the nature of proof, set against a background of broader questions and developments in mathematics. A particular aim of the book is to acknowledge some important but neglected figures in the history of infinity, such as Post and Gentzen, alongside the recognized giants Cantor and Gödel.