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Being REASONABLE: A Key Anglo Value and Its Cultural Roots

Anna Wierzbicka

in English: Meaning and Culture

Published in print:
2006
Published Online:
September 2007
ISBN:
9780195174748
eISBN:
9780199788514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195174748.003.0004
Subject:
Linguistics, English Language

This chapter investigates, in a historical and cultural perspective, the meaning of the word reasonable, and in particular, of the phrases reasonable man and reasonable doubt, which play an important ... More


The Difficulty about Proof beyond Reasonable Doubt

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/9780198244127.003.0009
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter presents an elaboration on the difficulty about proof beyond reasonable doubt. It is more inclined to hold that a particular conclusion falls short of certainty because there is a ... More


Standard of Proof

H L Ho

in A Philosophy of Evidence Law: Justice in the Search for Truth

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199228300
eISBN:
9780191711336
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228300.003.0004
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The standard of proof may be understood, first, as referring to the caution that must be exercised in making positive findings. A variant interpretation of the standard is proposed. The evidence must ... More


Fair Trial: ‘One Golden Thread’

Anthony Hooper

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0039
Subject:
Law, Legal History

This chapter begins with a description of the case of Reginald Woolmington, aged twenty-one, a dairy man who killed his newly wedded wife, Violet, aged seventeen and a half. This case is analysed ... More


From Altercation to Adversary Trial

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/9780199287239.003.0005
Subject:
Law, Criminal Law and Criminology, Legal History

The judges attempted to admit defense counsel at trial for the limited purpose of assisting the defendant to probe accusing evidence, expecting that the defendant would otherwise continue to speak in ... More


CRIMINAL LAW: Implicit Proportionality Limitations on Criminal Liability

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0007
Subject:
Law, Constitutional and Administrative Law

Numerous constitutional and subconstitutional limitations on criminal liability embody one or more proportionality principles. Limiting retributive liability principles underlie constitutional rules ... More


The Rules of Trial, Political Morality, and the Costs of Error: Or, Is Proof Beyond a Reasonable Doubt Doing More Harm than Good?

Larry Laudan

in Oxford Studies in Philosophy of Law: Volume 1

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606443
eISBN:
9780191729683
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606443.003.0006
Subject:
Philosophy, Moral Philosophy

This chapter explores the thesis that the use of the standard of proof beyond a reasonable doubt for trying those accused of violent crimes — especially if such defendants already have a history of ... More


Scientific Evidence in the Tort Law

Kristin Shrader-frechette General

in Regulating Toxic Substances: A Philosophy of Science and the Law

Published in print:
1993
Published Online:
October 2011
ISBN:
9780195074369
eISBN:
9780199852932
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195074369.003.0003
Subject:
Philosophy, Philosophy of Science

This chapter argues against the shift in paradigm in favor of scientific evidence in tort law cases. Recent proposals, seeking to require more demanding scientific evidence in toxic tort (and other) ... More


An Epistemological Corollary

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/9780198244127.003.0025
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Science

This chapter begins by presenting the prevailing scepticism in the philosophy of science. If a fact that is provable beyond reasonable doubt is inductively certain, the legal assumption that proof ... More


Communication and Magic: Authorized Voice, Legal-Linguistic Habitus, and the Recontextualization of “Beyond Reasonable Doubt”

Chris Heffer

in Legal-Lay Communication: Textual Travels in the Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199746842
eISBN:
9780199345052
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199746842.003.0010
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

Chris Heffer sets out an argument, illustrated through judicial attitudes to jury instruction on the criminal standard of proof, about how authorized language can lead over time to a breakdown in ... More


No One but You: Jurors and the Internal Standard of Reasonable Doubt

Sonali Chakravarti

in Radical Enfranchisement in the Jury Room and Public Life

Published in print:
2020
Published Online:
September 2020
ISBN:
9780226654157
eISBN:
9780226654324
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226654324.003.0004
Subject:
Law, Legal Profession and Ethics

As the standard for the extremely high burden of proof on the state necessary for a guilty verdict, the phrase “beyond a reasonable doubt” is the quintessential legal convention that jurors may have ... More


Knowledge and persons

Sarah Moss

in Probabilistic Knowledge

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198792154
eISBN:
9780191861260
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198792154.003.0010
Subject:
Philosophy, Metaphysics/Epistemology, Philosophy of Mind

This chapter applies probabilistic knowledge to problems in legal and moral philosophy. It is argued that legal standards of proof require factfinders to know probabilistic contents. For instance, ... More


The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Roger W. Shuy

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199354832
eISBN:
9780199398454
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199354832.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

The Language of Murder Cases describes fifteen court cases for which Roger Shuy served as an expert language witness and explains the issues at stake in those cases for lawyers and ... More


Law: Wrongful Conviction and Criminal Responsibility

Paul Thagard

in Mind-Society: From Brains to Social Sciences and Professions

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190678722
eISBN:
9780190686420
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190678722.003.0011
Subject:
Psychology, Cognitive Models and Architectures

The legal profession is a complex of mental and social mechanisms. Social cognitivism yields new ways of thinking about reasonable doubt, wrongful convictions, and criminal responsibility. Semantic ... More


Reasonable Doubt in Murder Cases

Roger W. Shuy

in The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199354832
eISBN:
9780199398454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199354832.003.0011
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter reviews the attempted understandings and problems involving the legal concept of reasonable doubt, which by definition is based on jurors’ efforts to deal with the legal concepts of ... More


Challenges to Arbitrators in ICSID Arbitration

James Crawford

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0037
Subject:
Law, Public International Law, Company and Commercial Law

This chapter focuses on arbitrator challenges in International Centre for Settlement of Investment Disputes (ICSID) arbitrations. It considers the requirements of the relevant provisions of the ICSID ... More


Selecting Standards of Proof

Gary Lawson

in Evidence of the Law: Proving Legal Claims

Published in print:
2017
Published Online:
September 2017
ISBN:
9780226432052
eISBN:
9780226432199
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226432199.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter explores the considerations that enter into the selection of standards of proof for legal claims. It lays out the considerations that have led the American legal system to embrace a ... More


The Divided Self

John Kekes

in Human Predicaments: And What to Do about Them

Published in print:
2016
Published Online:
January 2017
ISBN:
9780226359458
eISBN:
9780226359595
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226359595.003.0007
Subject:
Philosophy, General

We have a present self with which we are dissatisfied and aim at a future self that would be better. The conflicts between them are permanent problems in our evaluative framework. Aiming at an ... More


1953–1956

Patrick McGilligan

in Fritz Lang: The Nature of the Beast

Published in print:
2013
Published Online:
August 2015
ISBN:
9780816676552
eISBN:
9781452948942
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816676552.003.0020
Subject:
Film, Television and Radio, Film

This chapter details events in Fritz Lang’s life from 1953 to 1956. Now under contract at Columbia, Lang would stumble across a property that was made to order for him—one of those happy accidents of ... More


Introduction

Roger W. Shuy

in The Language of Murder Cases: Intentionality, Predisposition, and Voluntariness

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199354832
eISBN:
9780199398454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199354832.003.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter outlines the structure of the book, pointing out that the key legal terms intentionality, predisposition, and voluntariness will be addressed in the fifteen murder cases described in ... More


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