Theory of Legal Evidence - Evidence in Legal Theory
Theory of Legal Evidence - Evidence in Legal Theory
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The book explores the theoretical problems concerning legal evidence, including its roles in science, philosophy, and law. It discusses the distinction between a legal concept of evidence, the ordinary concept of evidence, and the concept of evidence in science. The book surveys selected theoretical roles of evidence and investigates their relations and interconnections, covering evidence in epistemology, legal theory, and law.
Format: Paperback / softback
Length: 276 pages
Publication date: 05 January 2023
Publisher: Springer Nature Switzerland AG
This comprehensive book delves into the intricate realm of legal evidence, exploring its theoretical complexities and diverse roles in science, philosophy, legal theory, and law. While evidence serves complementary and conflicting purposes in these fields, lawyers, as professionals, must navigate its ever-evolving landscape. The distinction between a legal concept of evidence, an ordinary concept of evidence, and the concept of evidence in science remains a subject of ongoing debate, with the problem of evidence being central to epistemology, the philosophy of science, and our academic understanding of law. Legal theorists' interest in evidence encompasses a wide range of objects, including a bloody knife, sensory data, linguistic entities, and psychologically recognized beliefs.
The book is structured into three parts, each examining selected theoretical roles played by evidence. Part One explores evidence in epistemology and the philosophy of science, focusing on evidence methodologies and the problem of proof in legal scholarship. Part Two delves into evidence in legal theory and legal philosophy, examining the interplay between evidence, legal reasoning, and the binding force of such reasoning. Part Three examines evidence in law, exploring theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence, and neuroscientific evidence.
Through its comprehensive analysis, this book sheds light on the multifaceted nature of legal evidence and its profound implications for the legal system. It serves as a valuable resource for scholars, practitioners, and anyone interested in the study of evidence and its role in shaping our understanding of law and justice.
Weight: 438g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030838430
Edition number: 1st ed. 2021
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