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Theory of Legal Evidence - Evidence in Legal TheoryThe Architecture of Evidential Justification Between Atomism and Holism

Theory of Legal Evidence - Evidence in Legal Theory: The Architecture of Evidential Justification... [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 purpose is normative: it defends a normative conception for justificatory reasoning about questions of fact in judicial fact finding that notwithstanding its predominantly atomistic character includes some holistic elements.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Theory of Legal Evidence - Evidence in Legal TheoryThe Architecture of Evidential Justification Between Atomism and Holism

Part of the Law and Philosophy Library Book Series (volume 138)
Editors: Klappstein, Verena; Dybowski, Maciej
Accatino, Daniela
Theory of Legal Evidence - Evidence in Legal Theory — Jan 3, 2022
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30 pages

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
ISBN
978-3-030-83840-9
Pages
119 –148
DOI
10.1007/978-3-030-83841-6_6
Publisher site
See Chapter on Publisher Site

Abstract

[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 purpose is normative: it defends a normative conception for justificatory reasoning about questions of fact in judicial fact finding that notwithstanding its predominantly atomistic character includes some holistic elements.]

Published: Jan 3, 2022

Keywords: Legal evidential reasoning; Legal fact-finding; Atomism; holism; Evidence

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