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The Philosophy of Legal Proof

Administrative / Constitutional Law

The Philosophy of Legal Proof

Name: The Philosophy of Legal Proof
Brand: Cambridge University Press
SKU: 9781009125048
Price: 226.98 HKD
Availability: InStock
Author: Lewis Ross
ISBN: 9781009125048

By Lewis Ross

Cambridge University Press May 2024

Specifications

ISBN-13: 9781009125048
Publisher: Cambridge University Press
Publication: May 2024
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

Details

Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal.

This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.

Introduction

1. Standards of proof

2. Proof: Fixed or flexible?

3. Should proof be binary?

4. Legal probabilism and anti-probabilism

5. Who should decide?

References.

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