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This book addresses the philosophical questions that arise when neuroscientific research and technology are applied in the legal system. The empirical, practical, ethical, and conceptual issues that Pardo and Patterson seek to redress will deeply influence how we negotiate and implement the fruits of neuroscience in law and policy in the future.
Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.
Examines the particularly prescient implications that neuroscience has for legal responsibility, highlighting the philosophical and practical challenges that arise.
The twelve essays in this volume aim at providing philosophers, neuroscientists, psychologists, and legal theorists with an opportunity to examine the cluster of related issues that will need to be addressed as scholars struggle to come to grips with the picture of human agency being pieced together by researchers in the biosciences.
Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process.
New material, a new co-author, and a new student friendly uniform chaper organization highlight the second edition of this chapter organization highlight the seconde of of this incisive evidence casebook. Authors Allen, Kuhns, and Swift enliven otherwise abstract concepts as they reveal the foundations of the law and rules of evidence. EVIDENCE: Text, Cases, and Problems, Second Edition, emphasizes two main themes: Analytic approach - First, The authors address each major topic as a problem of relevancy. Then they discuss the evidence policy underlying each rule in terms of its effect on jury reasoning. Diagrams illustrate this approach throughout the book. Contextual approach - Issues of ad...
This book explores contemporary thinking on the evidential requirements that are critical for practical decision-making.
The Philosophical Foundations of Law series aims to develop work at the intersection of legal philosophy and doctrinal law. Volumes in the series gather leading philosophers and lawyers to present original work on the theoretical foundations of substantive areas of law, or central topics in legal philosophy. Together, the chapters provide a roadmap of current philosophical work in the field to lawyers and philosophers looking for high quality new work and provide a stimulus for further research by specialists in the area. Book jacket.
A general theory of the civil action.
This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. Stein develops a detailed innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy; he argues instead that the fundamental purpose of evidence law is to apportion the risk oferror in conditions of uncertainty. Stein begins by identifying the domain of evidence law.He then describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the ...