Journal articles on the topic 'Evidence (law)'

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1

Aneja, Kashish, Katherine Ginsbach, Katie Gottschalk, Sam Halabi, and Francesca Nardi. "COVID-19 Law Lab: Building Strong Legal Evidence." Journal of Law, Medicine & Ethics 50, no. 2 (2022): 385–89. http://dx.doi.org/10.1017/jme.2022.67.

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AbstractThe COVID-19 Law Lab platform enables quantitative representation of epidemic law and policies in a given country for multiple years, enabling governments and researchers to compare countries, and learn about the impacts and drivers of policy choices. The Law Lab initiative is designed to address the urgent need for quality legal information to support the study of how law and policy can be used to effectively manage this, and future, pandemic(s).
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2

Schwikkard, Pamela-Jane. "The Law of Evidence." Yearbook of South African Law 1 (2020): 1126–52. http://dx.doi.org/10.47348/ysal/v1/i1a23.

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3

Laskowska, Magdalena. "Evidence in Competition Law." Business Law Review 36, Issue 1 (February 1, 2015): 10–13. http://dx.doi.org/10.54648/bula2015003.

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4

Yousefi, Mahmood, and Sohrab Abizadeh. "Wagner's law: New evidence." Atlantic Economic Journal 20, no. 2 (June 1992): 100. http://dx.doi.org/10.1007/bf02298886.

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5

Schwikkard, Pamela-Jane. "The Law of Evidence." Yearbook of South African Law 1 (2020): 1126–52. http://dx.doi.org/10.47348/ysal/v1/i1a23.

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6

Fisher, Talia, Diego Papayannis, and Giovanni Tuzet. "Evidence law and economics." International Journal of Evidence & Proof 27, no. 4 (September 29, 2023): 259. http://dx.doi.org/10.1177/13657127231188498.

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7

Abualfaraj, Maha. "Evidence in Islamic law: reforming the Islamic evidence law based on the federal rules of evidence." Journal of Islamic Law and Culture 13, no. 2-3 (October 2011): 140–65. http://dx.doi.org/10.1080/1528817x.2012.733130.

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8

Erliyani, Rahmida, M. Hadin Muhjad, and Muhammad Amin. "EXISTENCE OF SCIENTIFIC EVIDENCE IN EVIDENTIARY LAW." Economics & Law 3, no. 1 (May 30, 2021): 64–76. http://dx.doi.org/10.37708/el.swu.v3i1.5.

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Environmental cases are often decided by decision of exemption because the evidence is scientific. The Criminal Procedure Code (KUHP) still adheres to conventional evidence. The judge did not receive scientific evidence. Even though, the environmental cases will not be completed without scientific evidence. Normative legal research methods are used, because scientific evidence is contained in laws and regulations including the Criminal Procedure Code. Legal materials collected were analysed to answer the problem. Legal analysis of norm obscurity is carried out by law interpretation while legal vacancies are carried out by legal construction or rechtsvinding. The results showed that environmental cases in the form of pollution and environmental damage were only proven by scientific evidence, which was an extension of evidence in the Criminal Procedure Code, which had an impact on the procedural Burden of Proof, namely the position of evidence. Scientific evidence does not stand alone but follows one of the legitimate evidences, namely expert information or proof of evidence or evidence.
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9

Visser, Jo-Marí. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 33, no. 3 (2020): 772–83. http://dx.doi.org/10.47348/sacj/v33/i3a14.

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10

Fischel, Daniel R. "Market Evidence in Corporate Law." University of Chicago Law Review 69, no. 3 (2002): 941. http://dx.doi.org/10.2307/1600637.

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11

Osimani, Barbara, Federica Russo, and Jon Williamson. "Scientific Evidence and the Law." Journal of Philosophy, Science & Law 11, no. 2 (2011): 1–24. http://dx.doi.org/10.5840/jpsl20111122.

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12

Whitear Nel, Nicci. "Recent case: Law of Evidence." South African Journal of Criminal Justice 34, no. 1 (2021): 153–68. http://dx.doi.org/10.47348/sacj/v34/i1a9.

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13

Meintjes-Van der Walt, Lirieka. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 34, no. 3 (2021): 507–20. http://dx.doi.org/10.47348/sacj/v34/i3a6.

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14

Eatwell, Tatyana, and Christopher Sargeant. "Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 2, no. 1 (2013): 86–95. http://dx.doi.org/10.7574/cjicl.02.01.82.

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15

Davie, Matthew, and Joshua Zell. "Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 196–203. http://dx.doi.org/10.7574/cjicl.03.01.183.

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16

Pisaric, Milana. "Illegal evidence in case law." Zbornik radova Pravnog fakulteta, Novi Sad 50, no. 1 (2016): 201–17. http://dx.doi.org/10.5937/zrpfns50-10827.

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17

Odgers, Stephen. "Uniform Evidence Law at 21." Current Issues in Criminal Justice 28, no. 3 (March 2017): 311–28. http://dx.doi.org/10.1080/10345329.2017.12036077.

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18

Park, Roger C. "Grand Perspectives on Evidence Law." Virginia Law Review 87, no. 8 (December 2001): 2055. http://dx.doi.org/10.2307/1073912.

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19

Redmayne, M. "The Structure of Evidence Law." Oxford Journal of Legal Studies 26, no. 4 (January 1, 2006): 805–22. http://dx.doi.org/10.1093/ojls/gql024.

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20

Giordano, Scott M. "Electronic Evidence and the Law." Information Systems Frontiers 6, no. 2 (June 2004): 161–74. http://dx.doi.org/10.1023/b:isfi.0000025783.79791.c8.

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21

Ligertwood, Andrew. "Review: The Law of Evidence." International Journal of Evidence & Proof 7, no. 3 (July 2003): 213–16. http://dx.doi.org/10.1177/136571270300700307.

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22

Brooks, Peter. "Clues, Evidence, Detection: Law Stories." Narrative 25, no. 1 (2017): 1–27. http://dx.doi.org/10.1353/nar.2017.0001.

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23

Stein, Alex. "The Refoundation of Evidence Law." Canadian Journal of Law & Jurisprudence 9, no. 2 (July 1996): 279–342. http://dx.doi.org/10.1017/s0841820900003477.

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This article examines and criticizes the conventional evidence doctrine and its core principle (albeit with exceptions) of legally unregulated fact-finding. New foundations for evidence law are offered that reflect a principled allocation of the risk of error in conditions of uncertainty. Such conditions are present in virtually every litigated case. This article opposes the doctrine of ‘free proof’. That doctrine underlies the current flowering of discretion injudicial fact-finding and is responsible for the ongoing abolition of evidentiary rules. The evidence law theory developed in this article is of course itself theory-dependent. Far from claiming the theory here is uniquely correct rather than simply valid, I shall be satisfied by its survival as yet “another view of the Cathedral”. Nonetheless, evidence law as conventionally portrayed can hardly be compared with Monet’s Cathedral. It is conspicuously more like Pisa’s Leaning Tower. This article aims at returning the leaning tower of evidence law to an upright position.
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24

Rajagopalan, Kanavillil. "Edgerton’s law: the phantom evidence." WORD 62, no. 2 (April 2, 2016): 132–34. http://dx.doi.org/10.1080/00437956.2016.1180008.

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25

Meintjes-van der Walt, Lirieka. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 35, no. 2 (2022): 246–67. http://dx.doi.org/10.47348/sacj/v35/i2a7.

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26

Whitear, Nicci. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 35, no. 1 (2022): 101–14. http://dx.doi.org/10.47348/sacj/v35/i1a7.

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27

Lane, Tom, Daniele Nosenzo, and Silvia Sonderegger. "Law and Norms: Empirical Evidence." American Economic Review 113, no. 5 (May 1, 2023): 1255–93. http://dx.doi.org/10.1257/aer.20210970.

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A large theoretical literature argues laws exert a causal effect on norms, but empirical evidence remains scant. Using a novel identification strategy, we provide a compelling empirical test of this proposition. We use incentivized vignette experiments to directly measure social norms relating to actions subject to legal thresholds. Our large-scale experiments (n = 7,000) run in the United Kingdom, United States, and China show that laws can causally influence social norms. Results are robust across different samples and methods of measuring norms, and are consistent with a model of social image concerns where individuals care about the inferences others make about their underlying prosociality. (JEL C91, C92, D91, K00, K42, P37)
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28

Visser, Jo-Marí. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 35, no. 3 (2022): 399–411. http://dx.doi.org/10.47348/sacj/v35/i3a7.

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29

Whitear-Nel, Nicola. "Recent Case: Law of Evidence." South African Journal of Criminal Justice 36, no. 1 (2023): 153–67. http://dx.doi.org/10.47348/sacj/v36/i1a8.

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30

Visser, Jo-Marí. "Recent Case: Law of evidence." South African Journal of Criminal Justice 36, no. 2 (2023): 329–40. http://dx.doi.org/10.47348/sacj/v36/i2a8.

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31

Shevelev, Igor A. "Law Regime of Foreign Evidence." Russian Journal of Legal Studies (Moscow) 1, no. 2 (July 19, 2024): 91–96. http://dx.doi.org/10.17816/rjls629423.

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This article examines legislative regulations concerning the admissibility of foreign evidence. It focuses on the criteria for accepting such evidence and compares evidence obtained within Russia with that obtained in other jurisdictions. Additionally, this article analyzes the challenges associated with recognizing data as foreign evidence.
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32

Majeed, Nasir, and Amjad Hilal. "HEARSAY EVIDENCE: MEANING, KINDS, AND EXCEPTIONS IN COMMON LAW AND PAKISTANI LAW OF EVIDENCE." Pakistan Journal of Social Research 04, no. 04 (December 31, 2022): 79–87. http://dx.doi.org/10.52567/pjsr.v4i04.789.

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Hearsay evidence is an out of court statement which is presented in court to prove that the assertions made in it are true. The hearsay rule means that hearsay evidence will not be used in judicial proceedings except in exceptional cases. The definition, kinds and exceptions to hearsay rule have been explicitly discussed in various statutes and judicial decisions of common law countries. On the other hand, the definition and exceptions to hearsay evidence have not been explicitly discussed in Qanoon e Shahdat, 1984 (Pakistani law of evidence hereinafter QSO) which causes great difficulty in understanding the nature and scope of this concept. The present study, by deploying doctrinal research methods, intends to address these issues by analyzing the hearsay evidence and its exception in QSO. It is hoped that the present study will clarify the meaning and exceptions to hearsay rule in QSO. Keywords: Hearsay Evidence, Exceptions to Hearsay Evidence in Common Law, Direct Evidence, Kinds of Hearsay, Hearsay in Pakistan
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33

Tapper, Colin. "THE LAW OF EVIDENCE AND THE RULE OF LAW." Cambridge Law Journal 68, no. 1 (March 2009): 67–89. http://dx.doi.org/10.1017/s0008197309000038.

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34

Ghosh, Bikramaditya, and M. C. Krishna. "Power law in tails of bourse volatility – evidence from India." Investment Management and Financial Innovations 16, no. 1 (March 26, 2019): 291–98. http://dx.doi.org/10.21511/imfi.16(1).2019.23.

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Inverse cubic law has been an established Econophysics law. However, it has been only carried out on the distribution tails of the log returns of different asset classes (stocks, commodities, etc.). Financial Reynolds number, an Econophysics proxy for bourse volatility has been tested here with Hill estimator to find similar outcome. The Tail exponent or α ≈ 3, is found to be well outside the Levy regime (0 < α < 2). This confirms that asymptotic decay pattern for the cumulative distribution in fat tails following inverse cubic law. Hence, volatility like stock returns also follow inverse cubic law, thus stay way outside the Levy regime. This piece of work finds the volatility proxy (econophysical) to be following asymptotic decay with tail exponent or α ≈ 3, or, in simple terms, ‘inverse cubic law’. Risk (volatility proxy) and return (log returns) being two inseparable components of quantitative finance have been found to follow the similar law as well. Hence, inverse cubic law truly becomes universal in quantitative finance.
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35

Gadd, David. "Evidence-Led Policy or Policyled Evidence?" Criminal Justice 4, no. 2 (May 2004): 173–97. http://dx.doi.org/10.1177/1466802504044913.

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36

Tjiong, Richard T. T. "Reforming the law on expert evidence." Medical Journal of Australia 168, no. 2 (January 1998): 53–54. http://dx.doi.org/10.5694/j.1326-5377.1998.tb126709.x.

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37

Morchadze, Zurab. "Perpetuating Evidence in Civil Law Proceedings." European Scientific Journal, ESJ 18, no. 5 (February 21, 2022): 109. http://dx.doi.org/10.19044/esj.2022.v18n5p109.

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The civil law process is based on the principles of adversarial proceedings and disposition, and having complete information on these principles is crucial for the parties to the process. For example, even in an apparently "profitable" case, a party who did not take care of applying the perpetuating measures may not win anything, because at the time of enforcement of the ruling it may appear that the defendant has long since alienated her/his property, or if the party has not taken care of the request for evidence and the perpetuation of evidence in a timely manner, serious difficulties may arise in the consideration of the case and as a result, lose the case. Evidence is facts obtained from sources provided by law on the basis of which the parties defend their interests. The burden of proof at trial is shared equally between the parties. The parties try to prove their veracity in order to get the appropriate result. Therefore, the main purpose of the article is to focus on the importance of the perpetuation of evidence. The first chapter deals with the essence perpetuating evidence, the second chapter deals with the judge's ruling according to which s/he can load the evidence with obligation even before the lawsuit is filed, the third chapter is devoted to the evaluation of evidence by the court and the judge's inner conviction. The fourth chapter deals with the rule of appeal, which is one of the problematic issues of this paper.
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38

Tertyshnyk, Volodymyr, and Viktor Chentsov. "Integrative doctrine of evidence-based law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 271–77. http://dx.doi.org/10.31733/2078-3566-2021-3-271-277.

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The article on the basis of integrative analysis of the problems of evidence in various legal processes substantiates the conclusion about the need to establish an integrative doctrine of evidence law and adopt a universal legislative act - the «Code of Evidence Law». The implementation of the rule of law in the field of justice is possible only if there is a fundamental doctrine of evidence-based law and a perfect evidentiary law created on its basis. In the context of the formation of its doctrinal principles and individual legal institutions, we propose to enshrine here the following provisions: Actual data obtained through the implementation of operational and search actions, anti-corruption measures, activities to prevent the legalization of proceeds from crime, customs and other administrative or civil procedure procedures stipulated by law can be used in criminal procedure and other legal evidence, provided that the source and method of their receipt can be verified. In admissive are the evidence obtained from such sources, such means and in such a manner, in which the proper observance of the protection of human rights and freedoms in accordance with the requirements of the rule of law and the principle of proportionality is not ensured, and the authenticity of the evidence itself is questioned. In legislation of Ukraine proposes to consolidate the following provisions: «Evidence materials obtained as a result of provocation of a crime obtained with significant violation of human rights and freedoms are inadmissible, whether «the fruits of a poisonous tree, materials obtained in violation of other legal norms, the prescriptions of which created certain guarantees of obtaining reliable factual data. Inadmissible are the evidence obtained from such sources, such means and in such a manner, in which the proper observance of the protection of human rights and freedoms is not ensured in accordance with the requirements of the rule of law and the principle of proportionality, as well as question the authenticity of the evidence itself. The standard of proof beyond a reasonable doubt means that the system of admissible and reliable evidence excludes any other reasonable explanation of the event that is the subject of trial, in addition to the one that is formed in the court decision.
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39

Ingle, Jessie. "Overview: Criminal Law, Evidence and Procedure." Cambridge Journal of International and Comparative Law 3, no. 1 (2014): 265–68. http://dx.doi.org/10.7574/cjicl.03.01.158.

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40

Sandell, Adam. "Law note: giving evidence in court." British Journal of General Practice 65, no. 640 (October 25, 2015): 599–600. http://dx.doi.org/10.3399/bjgp15x687565.

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41

Strom, Kevin J., and Matthew J. Hickman. "Unanalyzed evidence in law-enforcement agencies." Criminology & Public Policy 9, no. 2 (April 8, 2010): 381–404. http://dx.doi.org/10.1111/j.1745-9133.2010.00635.x.

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42

ROBERTSON, BERNARD, and G. A. VIGNAUX. "Expert Evidence: Law, Practice and Probability." Oxford Journal of Legal Studies 12, no. 3 (1992): 392–403. http://dx.doi.org/10.1093/ojls/12.3.392.

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43

Dennis, I. H. "Reconstructing the Law of Criminal Evidence." Current Legal Problems 42, no. 1 (1989): 21–48. http://dx.doi.org/10.1093/clp/42.1.21.

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44

Good, Anthony. "Cultural evidence in courts of law." Journal of the Royal Anthropological Institute 14, s1 (April 2008): S47—S60. http://dx.doi.org/10.1111/j.1467-9655.2008.00492.x.

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45

Haykel, Bernard. "THEME ISSUE: EVIDENCE IN ISLAMIC LAW." Islamic Law and Society 9, no. 2 (2002): 129–31. http://dx.doi.org/10.1163/156851902760227090.

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46

Verenich, Vadim. "Semiotics of visual evidence in law." Semiotica 2017, no. 216 (May 24, 2017): 63–88. http://dx.doi.org/10.1515/sem-2015-0072.

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AbstractThe evaluation of visual aspects of law has had a profound influence in the last decade in specific fields of legal sciences (i. e., criminology, studies of legal evidence), focusing on the extent to which visual evidence (visual patterns, images, diagrams, and symbols) underpin what and how we can perceive different types of legal evidence, and how the difference in perception affects the manipulation of visual evidence in practice. Taking the recent development in the field of legal evidence seriously, we could claim that the visual communication in law is above all a means of communicating and understanding different types of visual evidence. In general terms, visual exhibits (symbols, images, graphs, photographs, etc.) have the potential to convey more complex meanings and often represent concepts that are challenging to articulate explicitly in more conventional verbal forms of evidence, due to their complexity or lack of specificity. The purpose of this paper is to define the nature and properties of visual aids from a semiotic perspective Visual semiotics offers exceptionally thorough analytical tools for the detailed and nuanced study of visual legal evidence in the courts. In the final part of the paper we’ll illustrate the application of semiotic analysis for evaluating the rules of evidence in the Estonian legal system.
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47

Balevi, Ben. "Ante's law is not evidence based." Journal of the American Dental Association 143, no. 9 (September 2012): 1011–12. http://dx.doi.org/10.14219/jada.archive.2012.0330.

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48

Shuy, Roger W. "Dialect as Evidence in Law Cases." Journal of English Linguistics 23, no. 1-2 (April 1990): 195–208. http://dx.doi.org/10.1177/0075424290023001-216.

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49

Shuy, R. W. "Dialect as Evidence in Law Cases." Journal of English Linguistics 23, no. 1-2 (January 1, 1990): 195–208. http://dx.doi.org/10.1177/007542429002300116.

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50

Amaya, Amalia. "The explanationist revolution in evidence law." International Journal of Evidence & Proof 23, no. 1-2 (January 16, 2019): 60–67. http://dx.doi.org/10.1177/1365712718816239.

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According to Allen and Pardo, the field of evidence law has experienced a revolution -in Kuhn's sense- from probabilism to explanationism, which they identify with the relative plausibility theory. The explanationist revolution, argue Allen and Pardo, has placed explanationist -rather than probabilistic criteria- at the core of the fact-finding process and, in contrast to probabilism, has advanced a comparative understanding of the theory of legal proof. This paper develops an alternative interpretation of the explanationist revolution in evidence law. First, it elaborates on the concept of legal revolution and argues that it involves a kind of shift that is best characterized as a Hacking -rather than a Kuhnean- type of revolution and, thus, as an ‘emplacement’ instead of a ‘replacement’ revolution. Second, it claims that the shift from probabilism to explanationism involves a deep -genuinely revolutionary- change in the conception of rationality that is taken to govern the processes of evidence and legal proof. Other differences between probabilistim and explanationism, such as those mentioned by Allen and Pardo, are not central to the revolutionary shift, but rather emanate from this basic distinction. Last, it argues that the explanationist paradigm embraces, but cannot be reduced to, the relative plausibility theory; the identification of explanationism with the relative plausibility theory occludes the richness and possibilities harboured by the new, explanationist, paradigm.
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