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The Philosophy of Legal Proof

The Philosophy of Legal Proof

The Philosophy of Legal Proof

Author:
Lewis Ross, London School of Economics and Political Science
Published:
May 2024
Availability:
Available
Format:
Hardback
ISBN:
9781009507394

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    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.

    Product details

    May 2024
    Hardback
    9781009507394
    82 pages
    235 × 159 × 11 mm
    0.26kg
    Available

    Table of Contents

    • Introduction
    • 1. Standards of proof
    • 2. Proof: Fixed or flexible?
    • 3. Should proof be binary?
    • 4. Legal probabilism and anti-probabilism
    • 5. Who should decide?
    • References.
      Author
    • Lewis Ross , London School of Economics and Political Science