Philosophical Foundations of Evidence Law

by Christian Dahlman, Alex Stein, Giovanni Tuzet

Overview

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.

Product Details

ISBN-13:	9780192603098
Publisher:	OUP Oxford
Publication date:	09/30/2021
Series:	Philosophical Foundations of Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	432
File size:	3 MB

About the Author

Christian Dahlman is Professor of Jurisprudence at Lund University (Sweden) and holds the Samuel Pufendorf chair at the Faculty of Law. He has a PhD in philosophy of law from Lund University and his academic career includes a research fellowship at Cambridge University. His main area of research is the theory and methodology of legal evidence. He is the director of the cross-disciplinary research group LEVIC (Law, Evidence and Cognition) at Lund University. Alex Stein is a Justice of the Israel Supreme Court. He holds a Ph.D. in law from the University of London. Prior to his appointment to the bench, he served as a Professor of Law at the Hebrew University, Cardozo Law School and Brooklyn Law School and as a Visiting Professor of Law at Columbia, Harvard and Yale law schools, among others. His areas of research include Evidence, Legal Theory, and Economic Analysis of Law. Giovanni Tuzet is Professor of Philosophy of Law at Bocconi University in Milan (Italy). He studied law and philosophy in Turin and Paris and wrote his Ph.D. dissertation on C.S. Peirce's theory of inference. Before joining Bocconi University, he was a post-doctoral researcher at Lausanne (Switzerland) and Ferrara (Italy). His areas of interest include evidence, epistemology, pragmatism, argumentation theory, philosophy of law and economic analysis of law.

Table of Contents

Evidence, truth and knowledge1. Evidence and truth, Hock Lai Ho2. The Naturalized epistemology approach to evidence, Gabriel Broughton, Brian Leiter3. Proven facts, beliefs and reasoned verdicts, Jordi Ferrer Beltrán4. The role of the expert witness, Lena Wahlberg, Christian DahlmanLaw and factfinding5. The role of rules in the law of evidence, Frederick Schauer6. Excluding evidence for integrity's sake, Jules Holroyd, Federico Picinali7. Second-personal evidence, Alex Stein8. Burdens of proof, Mark Spottswood9. Weight of evidence, Dale Nance10. Cost-benefit analysis of fact-finding, Talia FisherEvidence, language and argumentation11. Linguistic evidentials and the law of hearsay, Lawrence Solan12. The pragmatics of evidence discourse, Giovanni Tuzet13. Argumentation and evidence, Floris BexEvidence and explanation14. Inference to the best explanation, relative plausibility and probability, Ronald Allen, Michael Pardo15. The scenario theory about evidence in criminal law, Anne Ruth Mackor, Peter van Koppen16. Coherence in legal evidence, Amalia AmayaEvidence and probability17. The logic of inference and decision for scientific evidence, Franco Taroni, Alex Biedermann, Silvia Bozza18. Bayesianism: objections and rebuttals, Norman Fenton, David Lagnado19. The problem of the prior in criminal trials, Christian Dahlman, Eivind Kolflaath20. Generalizations and reference classes, Michael Pardo, Ronald AllenProof paradoxes21. Paradoxes of proof, Mark Spottswood22. The problem of naked statistical evidence, Christian Dahlman, Amit PundikBiases and epistemic injustice23. Evidence law and empirical psychology, Justin Sevier24. Relevance through a feminist lens, Julia Simon-Kerr25. Race, evidence and epistemic injustice, Jasmine Gonzales Rose26. De-biasing legal fact-finders, Frank Zenker