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Evidence Matters: Science, Proof, and Truth in the Law: Law in Context

Autor Susan Haack
en Limba Engleză Paperback – 27 iul 2014
Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.
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Specificații

ISBN-13: 9781107698345
ISBN-10: 1107698340
Pagini: 446
Ilustrații: black & white illustrations
Dimensiuni: 152 x 226 x 25 mm
Greutate: 0.59 kg
Ediția:New.
Editura: Cambridge University Press
Colecția Cambridge University Press
Seria Law in Context

Locul publicării:New York, United States

Cuprins

1. Epistemology and the law of evidence: problems and projects; 2. Epistemology legalized: or, truth, justice, and the American way; 3. Legal probabilism: an epistemological dissent; 4. Irreconcilable differences? The troubled marriage of science and law; 5. Trial and error: two confusions in Daubert; 6. Federal philosophy of science: a deconstruction - and a reconstruction; 7. Peer review and publication: lessons for lawyers; 8. What's wrong with litigation-driven science?; 9. Proving causation: the weight of combined evidence; 10. Correlation and causation: the 'Bradford Hill Criteria' in epidemiological, legal, and epistemological perspective; 11. Risky business: statistical proof of specific causation; 12. Nothing fancy: some simple truths about truth in the law.


Recenzii

'… this is a consistently perceptive and erudite volume. Anyone who wishes to be well-informed on matters such as the adversarial system and its relationship to the question for truth, on what 'truth' means to lawyers versus what it means to scientists or philosophers, or on whether the law ought even to concern itself with the task of demarcating science from other sorts of inquiry, should read this book and take account of its arguments.' Christopher C. Faille, The Federal Lawyer
'Evidence Matters is an exciting collection of insightful essays from a respected authority that will receive attention from both philosophers and legal scholars.' Carl F. Cranor, Distinguished Professor, University of California, Riverside
'Evidence Matters combines and updates essays, chapters, and books previously written, published and presented at numerous workshops, symposia, colloquia, and lectures, including mathematical faculties, medical, and law schools. … A copy of this book would be an excellent addition to the reading collection of every justice, judge, and lawyer. Its relevance and insights have application wherever investigation desires to justify belief.' Rafael Silva, The Champion

Descriere

Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments.


Notă biografică