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Legal Epistemology and Legal Proof
Quaestio FactiThis article examines the relationship between legal epistemology and legal proof. On the one hand, there has been an explosion of recent scholarship applying philosophical ideas, concepts, and arguments from epistemology to the law of evidence and the ...
Michael S. Pardo
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THE GETTIER PROBLEM AND LEGAL PROOF
Legal Theory, 2010 This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions.
Michael S. Pardo
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Legal burdens of proof and statistical evidence [PDF]
The Routledge Handbook of Applied Epistemology, 2018 Legal standards of proof are often construed as quantifiable likelihoods. Beyond reasonable doubt, for example, is glossed as 90 to 95% confidence in the guilt of the defendant; preponderance of evidence is glossed as above 50% confidence. A family of influential cases suggests legal standards of proof cannot be quantified.
Georgi Gardiner
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Legal shifts in the process of proof [PDF]
Proceedings of the 13th International Conference on Artificial Intelligence and Law, 2011 In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning and legal reasoning. We therefore emphasize the role of legal story schemes (as opposed to factual story schemes that formed the heart of our previous proposal). Legal story schemes
Bex, Floris, Verheij, Bart
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From legal proof to scientific proof
International journal of health sciences, 2022 Legal proof and scientific proof have similarities and differences. Legal proof is a customary affair, while the nature of scientific proof separates it from general custom, and it is a burdensome and methodological affair. Philosophical issues of scientific proof, including induction and transcendence inherent in any description, can penetrate legal ...
Mohammad Amin Esmaeili +1 more
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German Law Journal, 2021 Challenging the assumption of perfect legal knowledge, this Article employs social psychology to better understand how individuals make decisions about legal compliance under imperfect information conditions.
Shubhangi Roy
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Reconsidering the Rule of Consideration: Probabilistic Knowledge and Legal Proof
Episteme, 2020 In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of ...
Timothy Smartt
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legal system of the electronic transactions proof under civil law [PDF]
مجلة الاجتهاد للدراسات القانونية والاقتصادية, 2021 the importance of proof is not controversial in the field of all law branches, because it is the first step to protect rights. the development in different domains influences the legal proof of acts, considering that the question of law and statutes ...
جيلالي بن الطيب جيلالي
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Revista Eletrônica de Direito Processual, 2020 This article relates the technical proof and the characteristics of the environmental good, demonstrating that this proof is the most appropriate and impartial for the environmental legal procedure.
Flávia de Sousa Marchezini +1 more
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