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Showing 1 - 5 of 5 matches in All Departments
Victims of crime are still marginalized in criminal law practice, even though an increasingly large number of legislatures have introduced reforms on their behalf. This collection of papers from some of the leading experts in the field sets out to provide a better understanding of the problems associated with restorative justice, with the aim of improving criminal law in the area. Questions asked include whether retribution may be plausibly reinterpreted as restoration by offenders on behalf of victims?; the relationship between criminal law and tort law; and issues relating to the rights of victims.
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
Victims of crime are still marginalized in criminal law practice, even though an increasingly large number of legislatures have introduced reforms on their behalf. This collection of papers from some of the leading experts in the field sets out to provide a better understanding of the problems associated with restorative justice, with the aim of improving criminal law in the area. Questions asked include whether retribution may be plausibly reinterpreted as restoration by offenders on behalf of victims?; the relationship between criminal law and tort law; and issues relating to the rights of victims.
As a result of recent scandals concerning evidence and proof in the administration of criminal justice - ranging from innocent people on death row in the United States to misuse of statistics leading to wrongful convictions in The Netherlands and elsewhere - inquiries into the logic of evidence and proof have taken on a new urgency both in an academic and practical sense. This study presents a broad perspective on logic by focusing on inference not just in isolation but as embedded in contexts of procedure and investigation. With special attention being paid to recent developments in Artificial Intelligence and the Law, specifically related to evidentiary reasoning, this book provides clarification of problems of logic and argumentation in relation to evidence and proof. As the vast majority of legal conflicts relate to contested facts, rather than contested law, this volume concerning facts as prime determinants of legal decisions presents an important contribution to the field for both scholars and practitioners.
This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning-which relies on the concept of two different things being in some way like each other-is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?
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