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The Future of the Miranda Ruling

Lawrence S. Wrightsman and Mary L. Pitman

in The Miranda Ruling: Its Past, Present, and Future

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199730902
eISBN:
9780199776986
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199730902.003.008
Subject:
Psychology, Forensic Psychology

The final chapter examines the positions of several prominent advocates of defendants’ rights who have come to believe that the Miranda warning procedure should be ignored because it is now ... More


The Difficulty about Corroboration and Convergence

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0011
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter examines the difficulty about corroboration and convergence. It begins by addressing the common structure of testimonial corroboration and circumstantial convergence. The chapter also ... More


Resolution of Six Difficulties for a Mathematicist Account of Judicial Proof

L. Jonathan Cohen

in The Probable and The Provable

Published in print:
1977
Published Online:
October 2011
ISBN:
9780198244127
eISBN:
9780191680748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198244127.003.0020
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter shows the resolution of six difficulties for a mathematicist account of judicial proof. It first reports the difficulty about conjunction. It also addresses the difficulty about ... More


What is Testimony?

C. A. J. Coady

in Testimony: A Philosophical Study

Published in print:
1994
Published Online:
November 2003
ISBN:
9780198235514
eISBN:
9780191597220
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198235518.003.0002
Subject:
Philosophy, Metaphysics/Epistemology

Attempts to provide a definition of testimony as the target concept for the inquiry. Distinguishes between formal and natural testimony and locates natural testimony as the outcome of a certain sort ... More


The Law of Criminal Evidence

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0004
Subject:
Law, Criminal Law and Criminology, Legal History

In addition to admitting defense counsel, English judges undertook a further effort to safeguard against the mounting dangers of 18th-century prosecutorial practice, by creating the law of criminal ... More


Evidence

Jennifer Temkin

in Rape and the Legal Process

Published in print:
2002
Published Online:
January 2010
ISBN:
9780198763550
eISBN:
9780191710391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763550.003.0004
Subject:
Law, Criminal Law and Criminology

The evidential rules as they apply in sexual assault cases are implicated in the low conviction rate for rape. In England and Wales, and elsewhere in the common law world, steps have been taken to ... More


The Representational Theory of Perception and the Problem of Perception

Georges Dicker

in Berkeley's Idealism: A Critical Examination

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195381467
eISBN:
9780199897124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381467.003.0003
Subject:
Philosophy, General

Reflection on the causal facts of perception leads to a vexed epistemological problem: since any perceptual experience can be caused in ways that don't include an external object stimulating our ... More


The Epistemological Argument

Georges Dicker

in Berkeley's Idealism: A Critical Examination

Published in print:
2011
Published Online:
September 2011
ISBN:
9780195381467
eISBN:
9780199897124
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381467.003.0011
Subject:
Philosophy, General

In Principles sections 18 and 20, Berkeley argues that even if matter existed, we could not know that it does. The core of the argument is that we cannot know that material things exist either by ... More


Allocation of the Risk of Error in Criminal Trials

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0006
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in criminal trials. Topics covered include the ‘equal best’ standard, the burden of proof, exclusion, pre-emption, corroboration, and discretion.


Allocation of the Risk of Error in Civil Litigation

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in civil litigation. Topics covered include fairness vs efficiency, burden of proof and equality, exclusion of evidence as corrective equality, ... More


Rape and sexual Violence: A Nation’s Reform

Carol E. Jordan

in Violence against Women in Kentucky: A History of U.S. and State Legislative Reform

Published in print:
2014
Published Online:
September 2014
ISBN:
9780813144917
eISBN:
9780813144924
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813144917.003.0004
Subject:
History, Family History

Chapter 3 provides a history of nationwide legislative reforms related to rape and sexual assault. The chapter asserts that to fully understand the challenges facing advocates in the 1970s, one must ... More


Is Falsifiability the Touchstone of Scientific Rationality? Karl Popper Versus Inductivism

Adolf Grünbaum

in Collected Works, Volume I: Scientific Rationality, the Human Condition, and 20th Century Cosmologies

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199989928
eISBN:
9780199346356
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199989928.003.0002
Subject:
Philosophy, Philosophy of Science

Chapter challenges Popper’s claim that ‘testability is falsifiability.’ In particular, it contests Popper’s historiography of inductivism and shows in detail that his taking psychoanalytic theory as ... More


The Degeneration of Popper’s Theory of Demarcation

Adolf Grünbaum

in Collected Works, Volume I: Scientific Rationality, the Human Condition, and 20th Century Cosmologies

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199989928
eISBN:
9780199346356
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199989928.003.0003
Subject:
Philosophy, Philosophy of Science

Chapter takes closer issue with Popper’s well-known proposal that we can draw a clear line of demarcation between science and non-science. Here again, Popper’s claim is contested that psychoanalysis ... More


Lord Rodger and the Criminal Law

Paul Cullen

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0032
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter focuses on Alan Rodger's contributions to the development of Scots criminal law. It begins by describing his early career at the Scots Bar. It then details his time in the Crown Office; ... More


Doctrinal Pictures of Rape Trials: How to Do Things with Feminism

Pratiksha Baxi

in Public Secrets of Law: Rape Trials in India

Published in print:
2013
Published Online:
April 2014
ISBN:
9780198089568
eISBN:
9780199082698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198089568.003.0001
Subject:
Law, Human Rights and Immigration

Judicial words bear illocutionary force: become acts or mandates for deeds. In a basic sense, ‘a legal world is built only to the extent that there are commitments that place the body in line … the ... More


The problem of perception

Georges Dicker

in Locke on Knowledge and Reality: A Commentary on An Essay Concerning Human Understanding

Published in print:
2019
Published Online:
July 2019
ISBN:
9780190662196
eISBN:
9780190662233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190662196.003.0013
Subject:
Philosophy, History of Philosophy

This chapter formulates the problem of perception, which Locke sometimes dismisses but eventually tries to solve. The formulation hinges on the “argument from the multiple possible causes of any ... More


Reducing Harm Resulting from False Allegations of Child Sexual Abuse: The Importance of Corroboration

Steve Herman

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0017
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

In many prosecutions for child sexual abuse (CSA), the only evidence is the testimony of the alleged victim. Prosecutions of uncorroborated CSA allegations have sometimes led to the wrongful ... More


Reducing the Incidence and Harms of Wrongful Allegations of Abuse

Ros Burnett

in Wrongful Allegations of Sexual and Child Abuse

Published in print:
2016
Published Online:
October 2016
ISBN:
9780198723301
eISBN:
9780191789700
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723301.003.0021
Subject:
Law, Criminal Law and Criminology, Legal Profession and Ethics

This final chapter offers an overview of the core obstacles and requirements in addressing the problem of wrongful allegations, drawing on the critical and constructive arguments made throughout the ... More


Hypothesis Tests and Corroboration

Jan Sprenger and Stephan Hartmann

in Bayesian Philosophy of Science

Published in print:
2019
Published Online:
October 2019
ISBN:
9780199672110
eISBN:
9780191881671
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199672110.003.0009
Subject:
Philosophy, Philosophy of Science

According to Popper and other influential philosophers and scientists, scientific knowledge grows by repeatedly testing our best hypotheses. However, the interpretation of non-significant ... More


Confirmation and Induction

Mikaël Cozic

in The Philosophy of Science: A Companion

Published in print:
2018
Published Online:
July 2018
ISBN:
9780190690649
eISBN:
9780190690670
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190690649.003.0002
Subject:
Philosophy, Philosophy of Science

How are scientific hypotheses and theories assessed against empirical data? Philosophers of science have tried to find out whether there are general principles underlying this activity. This chapter ... More


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