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Theory of Legal Evidence - Evidence in Legal Theory

  • Book
  • © 2021

Overview

Editors:
  1. Verena Klappstein

    1. University of Passau, Passau, Germany

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    You can also search for this editor in PubMed   Google Scholar

  2. Maciej Dybowski

    1. Legal Theory and Philosophy, Adam Mickiewicz University, Poznań, Poland

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    You can also search for this editor in PubMed   Google Scholar

  • Provides access to theoretical accounts of various problems in legal evidence
  • Offers a panorama of theoretical approaches to legal evidence from 8 different national legal cultures (EU and US)
  • Includes contributions from most prominent scholars in the area

Part of the book series: Law and Philosophy Library (LAPS, volume 138)

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Table of contents (13 chapters)

  1. Front Matter

    Pages i-vi
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  2. Introduction to Theory of Legal Evidence - Evidence in Legal Theory

    • Maciej Dybowski, Verena Klappstein
    Pages 1-12

  3. Two Big Questions Looked Upon from a Historical Point of View and the View of Contemporary Theory of Science

    1. Front Matter

      Pages 13-13
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    2. Can There Be a Science of Proof? A Cross-Atlantic Dialogue (1898–1947)

      • Olivier Leclerc
      Pages 15-36

    3. Why Does Legal Reasoning Necessitate an Interdisciplinary Discourse and an Examination from the Point of Theory of Science?

      • Verena Klappstein
      Pages 37-66

  4. Theory of Law Put in Contact with Evidence Issues and Scholarship

    1. Front Matter

      Pages 67-67
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    2. Why Are We Bound by Evidence? On The Normative Stance of Legal Proof

      • Weronika Dziȩgielewska
      Pages 69-85

    3. A Good Enough (Meta) Theory of Evidence in Law: An Inferentialist Account

      • Maciej Dybowski
      Pages 87-118

    4. The Architecture of Evidential Justification Between Atomism and Holism

      • Daniela Accatino
      Pages 119-148

    5. Theories of Truth in Legal Fact-Finding

      • Viktor Gazda
      Pages 149-165

  5. Legal Evidence Put in Practice

    1. Front Matter

      Pages 167-167
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    2. Expert’s (Meta)Testimony: An Epistemological Perspective

      • Adam Dyrda, Maciej Próchnicki
      Pages 169-188

    3. Rethinking Expert Opinion Evidence as an Argument from Epistemic Authority

      • Bohdan Pretkiel
      Pages 189-203

    4. Testimony and Hearsay

      • Giovanni Tuzet
      Pages 205-223

    5. Neuroscientific Evidence in Courtroom: Clash of Two Anthropological Paradigms

      • Marcin Romanowicz
      Pages 225-247

    6. An Epistemic Defense of Exclusionary Rules in the Criminal Justice System

      • John R. Harris
      Pages 249-263

    7. Constitutional Evidence

      • Margarida Lacombe Camargo
      Pages 265-276
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Keywords

About this book

This book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. 
The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.


Editors and Affiliations

  • University of Passau, Passau, Germany

    Verena Klappstein

  • Legal Theory and Philosophy, Adam Mickiewicz University, Poznań, Poland

    Maciej Dybowski

Bibliographic Information

  • Book Title: Theory of Legal Evidence - Evidence in Legal Theory

  • Editors: Verena Klappstein, Maciej Dybowski

  • Series Title: Law and Philosophy Library

  • DOI: https://doi.org/10.1007/978-3-030-83841-6

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-83840-9Published: 04 January 2022

  • Softcover ISBN: 978-3-030-83843-0Published: 05 January 2023

  • eBook ISBN: 978-3-030-83841-6Published: 03 January 2022

  • Series ISSN: 1572-4395

  • Series E-ISSN: 2215-0315

  • Edition Number: 1

  • Number of Pages: VI, 276

  • Number of Illustrations: 1 b/w illustrations, 3 illustrations in colour

  • Topics: Theories of Law, Philosophy of Law, Legal History

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