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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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