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The philosophy of legal proof

Ross, Lewis (2024) The philosophy of legal proof. Elements in Philosophy of Law. Cambridge University Press, Cambridge, UK. ISBN 9781009507394

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Identification Number: 10.1017/9781009127745


Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.

Item Type: Book
Official URL:
Additional Information: © 2024 The Author
Divisions: Philosophy, Logic and Scientific Method
Subjects: K Law > K Law (General)
B Philosophy. Psychology. Religion > B Philosophy (General)
Date Deposited: 23 May 2024 07:24
Last Modified: 23 May 2024 07:30

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