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Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Luís Duarte d'Almeida

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

You find yourself in a court of law, accused of having hit someone. What can you say to avoid conviction? One thing you can do is simply to deny the accusation: ‘No’, you claim, ‘I didn’t do it.’ But ... More


The Proof-Based Account

Luís Duarte d’Almeida

in Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.003.0003
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This is the first of four chapters in which a proof-based account of legal exceptions is presented and developed. This chapter introduces the account. The initial focus is on scenarios in which only ... More


Lie-detection, Neuroscience, and the Law of Evidence

Frederick Schauer

in Philosophical Foundations of Law and Neuroscience

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198743095
eISBN:
9780191802980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743095.003.0006
Subject:
Law, Philosophy of Law, Medical Law

This chapter focuses on neuroscience-based lie-detection from the perspective of the policies and epistemic norms underlying the law of evidence and legal proof. It makes the case that in some ... More


Inference to the Best Explanation, Relative Plausibility, and Probability

Ronald J. Allen and Michael S. Pardo

in Philosophical Foundations of Evidence Law

Published in print:
2021
Published Online:
November 2021
ISBN:
9780198859307
eISBN:
9780191891748
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198859307.003.0015
Subject:
Law, Philosophy of Law

In many areas of life, from hard science to managing one’s everyday affairs, explanatory considerations help to guide inference. From the fact that some proposition would explain a given phenomenon ... More


“In This Town They’re All Malicious Liars!”

Craig A. Monson

in Habitual Offenders: A True Tale of Nuns, Prostitutes, and Murderers in Seventeenth-Century Italy

Published in print:
2016
Published Online:
January 2017
ISBN:
9780226335339
eISBN:
9780226335476
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226335476.003.0012
Subject:
History, European Early Modern History

This chapter reconstructs Giandomenico Rossi’s attempts to build a case against Carlo Possenti and Possenti’s defense strategy: witnesses were perjurers, his enemies, and therefore incredible. Rossi ... More


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