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This collection of essays is the outcome of a workshop with
Scott Shapiro on The Planning Theory of Law that took place in
December 2009 at Bocconi University. It brings together a group of
scholars who wrote their contributions to the workshop on a
preliminary draft of Shapiro's "Legality." Then, after the
workshop, they wrote their final essays on the published version of
the book. The contributions clearly highlight the difference of the
continental and civil law perspective from the common law
background of Shapiro but at the same time the volume tries to
bridge the gap between the two. The essays provide a critical
reading of the planning theory of law, highlighting its merits on
the one hand and objecting to some parts of it on the other hand.
Each contribution discusses in detail a chapter of Shapiro's book
and together they cover the whole of Shapiro's theory. So the book
presents a balanced and insightful discussion of the arguments of
"Legality."
This collection of essays is the outcome of a workshop with Scott
Shapiro on The Planning Theory of Law that took place in December
2009 at Bocconi University. It brings together a group of scholars
who wrote their contributions to the workshop on a preliminary
draft of Shapiro's Legality. Then, after the workshop, they wrote
their final essays on the published version of the book. The
contributions clearly highlight the difference of the continental
and civil law perspective from the common law background of Shapiro
but at the same time the volume tries to bridge the gap between the
two. The essays provide a critical reading of the planning theory
of law, highlighting its merits on the one hand and objecting to
some parts of it on the other hand. Each contribution discusses in
detail a chapter of Shapiro's book and together they cover the
whole of Shapiro's theory. So the book presents a balanced and
insightful discussion of the arguments of Legality.
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.
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