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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.
This volume investigates the intersection of epistemology, moral philosophy, and political theory to define the foundational principles governing legal evidence. The editors, Alex M. Stein, Christian Dahlman, and Giovanni Tuzet, curate a collection of essays from international scholars to examine how theories of knowledge, probability, and inference shape the practical application of evidence law. The text argues that evidentiary concepts like the presumption of innocence and standards of proof are not merely procedural, but are deeply rooted in philosophical frameworks.
What You Will Find
Scope Limits
Experts identify this volume as a comprehensive resource for legal theorists and philosophers interested in the epistemological underpinnings of the courtroom. Readers frequently note the academic density of the prose, which is intended for an audience familiar with advanced legal and philosophical discourse.
Page Count:
425
Publication Date:
2021-01-01
Publisher:
OUP Oxford
ISBN-10:
0192603094
ISBN-13:
9780192603098
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