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Theory of Legal Evidence - Evidence in Legal Theory

Part of the Law and Philosophy Library Book Series (volume 138)

Editors: Klappstein, Verena; Dybowski, Maciej

DOI: 10.1007/978-3-030-83841-6

ISBN: 978-3-030-83840-9

Publisher: Springer International Publishing - Springer Journals

Jan 3, 2022

1 - 10 of 13 Chapters

Available

Introduction to Theory of Legal Evidence - Evidence in Legal Theory

Dybowski, Maciej; Klappstein, Verena

Pages: 1 –12

[The volume “Theory of Legal Evidence: Evidence in Legal Theory” deals with theoretical and philosophical problems of legal evidence. The concept of evidence is expected to fill a number of distinct roles in science, philosophy, but also in legal theory and law. Some of these roles are...
Available

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

Leclerc, Olivier

Pages: 15 –36

[Between the late nineteenth century and the 1950s, the project of establishing a science of proof was shared by a generation of criminologists, psychologists and lawyers specializing in evidence law. Their ambition was to develop theoretical and practical knowledge of the analysis and evaluation...
Available

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

Klappstein, Verena

Pages: 37 –66

[Lawyers in a wider sense, such as judges, legislators, lawyers and legal scholars, look for certain reasons regarding Legal Reasoning, however, it is not at all clear, why certain reasons are included, such as an economic analysis of the law, but others are critically looked upon, such as...
Available

Why Are We Bound by Evidence? On The Normative Stance of Legal Proof

Dziȩgielewska, Weronika

Pages: 69 –85

[The article aims at identifying the relationship between legal and epistemic normativity that determines the normative nature of legal evidence. For this task, the categorial tools developed on the grounds of contemporary metaethics are being applied, exposing the polysemic nature of the notion...
Available

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

Dybowski, Maciej

Pages: 87 –118

[The chapter explores the meta-theoretical possibilities of a good theory of evidence in law in order to explain how it is possible to think of bridging the detached accounts of knowledge and of law in the field of legal evidence. Section 1 is a critical discussion of detachment between theories...
Available

The Architecture of Evidential Justification Between Atomism and Holism

Accatino, Daniela

Pages: 119 –148

[This paper explores the debate between atomistic and holistic approaches to legal evidential reasoning, with two aims. The first is conceptual and analytical: it draws some distinctions to clarify in what senses a conception of legal evidential reasoning can be holistic or atomistic. The second...
Available

Theories of Truth in Legal Fact-Finding

Gazda, Viktor

Pages: 149 –165

[Since the truth is always involved in determining the facts of a case, we as lawyers also need to ask a question, what it actually is to consider something true in a specific legal context. Simply, the truth is not legally described as something particular although we naturally want a court to...
Available

Expert’s (Meta)Testimony: An Epistemological Perspective

Dyrda, Adam; Próchnicki, Maciej

Pages: 169 –188

[Expert witnesses play an important role in a legal process. Courts often appoint up to several experts to help resolve a specific factual case at hand. The mere fact that a judge decides to appoint experts to provide special information suggests that from the judicial perspective, such experts...
Available

Rethinking Expert Opinion Evidence as an Argument from Epistemic Authority

Pretkiel, Bohdan

Pages: 189 –203

[In the modern age dominated by technical thinking and overabundance of information, judges, as never before, have become dependent on expert witness opinions without having necessary assessment tools at their disposal. Legal dogmatics, especially that of civil law procedure and penal law...
Available

Testimony and Hearsay

Tuzet, Giovanni

Pages: 205 –223

[While many epistemologists stress the importance of testimony, psychologists warn us about its dangers. In the legal domain testimony is usually accepted as evidence, with some restrictions compared to acceptance in everyday contexts. Additional restrictions apply to hearsay, and the traditional...

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