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Theory of Legal Evidence - Evidence in Legal Theory (Paperback, 1st ed. 2021)
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Theory of Legal Evidence - Evidence in Legal Theory (Paperback, 1st ed. 2021)
Series: Law and Philosophy Library, 138
Expected to ship within 10 - 15 working days
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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.
General
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