The Dynamics of Judicial Proof

The Dynamics of Judicial Proof
Author: Marilyn MacCrimmon
Publisher: Physica
Total Pages: 491
Release: 2012-12-06
Genre: Law
ISBN: 3790817929

Fact finding in judicial proceedings is a dynamic process. This collection of papers considers whether computational methods or other formal logical methods developed in disciplines such as artificial intelligence, decision theory, and probability theory can facilitate the study and management of dynamic evidentiary and inferential processes in litigation. The papers gathered here have several epicenters, including (i) the dynamics of judicial proof, (ii) the relationship between artificial intelligence or formal analysis and "common sense," (iii) the logic of factual inference, including (a) the relationship between causality and inference and (b) the relationship between language and factual inference, (iv) the logic of discovery, including the role of abduction and serendipity in the process of investigation and proof of factual matters, and (v) the relationship between decision and inference.

Judicial Politics in Mexico

Judicial Politics in Mexico
Author: Andrea Castagnola
Publisher: Routledge
Total Pages: 190
Release: 2016-11-03
Genre: Political Science
ISBN: 1315520591

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.

The Tapestry of Reason

The Tapestry of Reason
Author: Amalia Amaya
Publisher: Bloomsbury Publishing
Total Pages: 644
Release: 2015-04-30
Genre: Law
ISBN: 1782255168

In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.

Language, Culture, Computation: Computing for the Humanities, Law, and Narratives

Language, Culture, Computation: Computing for the Humanities, Law, and Narratives
Author: Nachum Dershowitz
Publisher: Springer
Total Pages: 765
Release: 2014-12-04
Genre: Computers
ISBN: 3642453244

This Festschrift volume is published in Honor of Yaacov Choueka on the occasion of this 75th birthday. The present three-volumes liber amicorum, several years in gestation, honours this outstanding Israeli computer scientist and is dedicated to him and to his scientific endeavours. Yaacov's research has had a major impact not only within the walls of academia, but also in the daily life of lay users of such technology that originated from his research. An especially amazing aspect of the temporal span of his scholarly work is that half a century after his influential research from the early 1960s, a project in which he is currently involved is proving to be a sensation, as will become apparent from what follows. Yaacov Choueka began his research career in the theory of computer science, dealing with basic questions regarding the relation between mathematical logic and automata theory. From formal languages, Yaacov moved to natural languages. He was a founder of natural-language processing in Israel, developing numerous tools for Hebrew. He is best known for his primary role, together with Aviezri Fraenkel, in the development of the Responsa Project, one of the earliest fulltext retrieval systems in the world. More recently, he has headed the Friedberg Genizah Project, which is bringing the treasures of the Cairo Genizah into the Digital Age. This second part of the three-volume set covers a range of topics related to the application of information technology in humanities, law, and narratives. The papers are grouped in topical sections on: humanities computing; narratives and their formal representation; history of ideas: the numerate disciplines; law, computer law, and legal computing.

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation
Author: Ephraim Nissan
Publisher: Springer Science & Business Media
Total Pages: 1375
Release: 2012-06-15
Genre: Social Science
ISBN: 904818990X

This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.

Encyclopedia of Multimedia Technology and Networking, Second Edition

Encyclopedia of Multimedia Technology and Networking, Second Edition
Author: Pagani, Margherita
Publisher: IGI Global
Total Pages: 1756
Release: 2008-08-31
Genre: Computers
ISBN: 1605660159

Advances in hardware, software, and audiovisual rendering technologies of recent years have unleashed a wealth of new capabilities and possibilities for multimedia applications, creating a need for a comprehensive, up-to-date reference. The Encyclopedia of Multimedia Technology and Networking provides hundreds of contributions from over 200 distinguished international experts, covering the most important issues, concepts, trends, and technologies in multimedia technology. This must-have reference contains over 1,300 terms, definitions, and concepts, providing the deepest level of understanding of the field of multimedia technology and networking for academicians, researchers, and professionals worldwide.

Refugee Law's Fact-Finding Crisis

Refugee Law's Fact-Finding Crisis
Author: Hilary Evans Cameron
Publisher: Cambridge University Press
Total Pages: 233
Release: 2018-05-10
Genre: Law
ISBN: 1108427073

Hilary Evans Cameron demonstrates how the law that governs fact-finding in refugee hearings is malfunctioning, and suggests a way forward.

Encyclopedia of Information Ethics and Security

Encyclopedia of Information Ethics and Security
Author: Quigley, Marian
Publisher: IGI Global
Total Pages: 696
Release: 2007-05-31
Genre: Business & Economics
ISBN: 1591409888

Rapid technological advancement has given rise to new ethical dilemmas and security threats, while the development of appropriate ethical codes and security measures fail to keep pace, which makes the education of computer users and professionals crucial. The Encyclopedia of Information Ethics and Security is an original, comprehensive reference source on ethical and security issues relating to the latest technologies. Covering a wide range of themes, this valuable reference tool includes topics such as computer crime, information warfare, privacy, surveillance, intellectual property and education. This encyclopedia is a useful tool for students, academics, and professionals.

Introduction to Formal Philosophy

Introduction to Formal Philosophy
Author: Sven Ove Hansson
Publisher: Springer
Total Pages: 727
Release: 2018-10-24
Genre: Philosophy
ISBN: 3319774344

This Undergraduate Textbook introduces key methods and examines the major areas of philosophy in which formal methods play pivotal roles. Coverage begins with a thorough introduction to formalization and to the advantages and pitfalls of formal methods in philosophy. The ensuing chapters show how to use formal methods in a wide range of areas. Throughout, the contributors clarify the relationships and interdependencies between formal and informal notions and constructions. Their main focus is to show how formal treatments of philosophical problems may help us understand them better. Formal methods can be used to solve problems but also to express new philosophical problems that would never have seen the light of day without the expressive power of the formal apparatus. ​Formal philosophy merges work in different areas of philosophy as well as logic, mathematics, computer science, linguistics, physics, psychology, biology, economics, political theory, and sociology. This title offers an accessible introduction to this new interdisciplinary research area to a wide academic audience.