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Theory of legal evidence : evidence in legal theory / Verena Klappstein, Maciej Dybowski, editors.

Klappstein, Verena, editor.; Dybowski, Maciej, editor.
2021
K2261 .T54 2021
Available Online
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Title
Theory of legal evidence : evidence in legal theory / Verena Klappstein, Maciej Dybowski, editors.
ISBN
3030838412 (eBook)
9783030838416 (electronic bk.)
9783030838409 (hbk.)
DOI
https://doi.org/10.1007/978-3-030-83841-6
Published
Cham, Switzerland : Springer, [2021]
Copyright
©2021
Language
English
Description
1 online resource (276 pages) : illustrations (some color).
Item Number
10.1007/978-3-030-83841-6 doi
Call Number
K2261 .T54 2021
Dewey Decimal Classification
347/.06
Summary
This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
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Access limited to authorized users.
Source of Description
Description based upon print version of record.
Added Author
Klappstein, Verena, editor.
Dybowski, Maciej, editor.
Series
Law and philosophy library ; v. 138.
Available in Other Form
Theory of legal evidence.
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All Resources
Part I: Two big questions looked upon from a historical point of view and the view of contemporary theory of science
Can there be a science of proof? : a cross-Atlantic dialogue (1898-1947) / Olivier Leclerc
Why does legal reasoning necessitate an interdisciplinary discourse and an examination from the point of theory or science? / Verena Klappstein
Part II: Theory of law put in contact with evidence issues and scholarship
Why are we bound by evidence? : on the normative stance of legal proof / Weronika Dzięgielewska
A good enough (meta) theory of evidence in law : an inferentialist account / Maciej Dybowski
The architecture of evidential justification between atomism and holism / Daniela Accatino
Theories of truth in legal fact-finding / Viktor Gazda
Part III: Legal evidence put in practice
Expert's (meta) testimony : an epistemological perspective / Adam Dyrda and Maciej Próchnicki
Rethinking expert opinion evidence as an argument from epistemic authority / Bohda Pretkiel
Testimony and hearsay / Giovanni Tuzet
Neuroscientific evidence in courtroom : clash of two anthropological paradigms / Marcin Romanowicz
An epistemic defense of exclusionary rules in the criminal justice system / John R. Harris
Constitutional evidence / Margarida Lacombe Camargo.

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