Legal Evidence and Proof: Statistics, Stories, Logic, 1st Edition (Hardback) book cover

Legal Evidence and Proof

Statistics, Stories, Logic, 1st Edition

Edited by Henry Prakken, Hendrik Kaptein

Routledge

302 pages

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pub: 2009-02-19
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Description

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.

Reviews

'Those who know little about criminal evidence should read this book. Those who think they are knowledgeable about it also. And all those in between. None of them will ever again sleep the restful sleep that it is easy to prove that somebody committed a crime.' Peter J. van Koppen, Maastricht University and Free University Amsterdam, The Netherlands 'The Netherlands has a strong tradition of exploring theoretical issues relating to argumentation, narrative, statistics, evidence, the logic of proof and their interactions in legal contexts. This challenging volume builds on and extends this tradition. It engages critically with the Anglo-American literature across the common law/civil divide.' William Twining, University College London, UK 'With some very relevant and interesting chapters it is an essential read for those wishing to understand in more detail the interactions that take place in criminal trials between the various aspects of the legal system.' The Cambrian Law Review 'This book is perfect for anyone interested in legal proof and evidence, whether a specialist or not, to get an introduction to the state-of-the-art, and a survey of the latest work on fundamental subjects like burden of proof and analysis of stories using argumentation schemes. All of the papers are illustrated with interesting cases…[and] are clearly written in a way that makes them highly accessible to and interesting to an interdisciplinary readership.' Artificial Intelligence and Law

About the Editors

Hendrik Kaptein is Senior Lecturer in Jurisprudence, Faculteit der Rechtsgeleerdheid van de Universiteit Leiden. He has published extensively in both English and Dutch. Henry Prakken is lecturer in artificial intelligence at the Department of Information and Computing Sciences of Utrecht University and Professor of Law and ICT at the Faculty of Law, University of Groningen. His main research interests concern artificial Intelligence and law, logical foundations of common-sense reasoning and the application of argumentation in procedures for dispute resolution, group decision making and negotiation. He has published widely on these and related areas. Bart Verheij is a university lecturer/researcher (in Dutch: universitair docent) at the Artificial Intelligence department of the University of Groningen, the Netherlands. His research has focused on defeasible argumentation, legal argumentation, argumentation support software and argumentation schemes, often using formalism as a tool of analysis. Bart Verheij is a university lecturer in the Department of Artificial Intelligence, University of Groningen. His research has focused on defeasible argumentation, legal argumentation, argumentation support software and argumentation schemes, often using formalism as a tool of analysis.

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW052000
LAW / Jurisprudence