Philosophical Foundations of Evidence Law

2021 ◽  
Author(s):  
Christian Dahlman ◽  
Alex Stein ◽  
Giovanni Tuzet
Keyword(s):  
Evidence Theory ◽  
Common Interest ◽  
Rational Beliefs ◽  
Philosophical Foundations ◽  
Legal Evidence ◽  
The Core ◽  
Theoretical Approaches ◽  
Evidence Law ◽  
Core Issues ◽  
The Bayesian Approach

Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law.

“Leaving No One Behind” as a Site of Contestation and Reinterpretation

2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Sakiko Fukuda-Parr ◽  
Thea Smaavik Hegstad
Keyword(s):  
Social Protection ◽  
Inclusive Development ◽  
Vulnerable Groups ◽  
Transformative Change ◽  
The Core ◽  
2030 Agenda ◽  
Social Opportunities ◽  
A Site ◽  
Core Issues ◽  
Distribution Of Income

Abstract One of the most important elements of the 2030 Agenda and the SDGs is the strong commitment to inclusive development, and “leaving no one behind” has emerged as a central theme of the agenda. How did this consensus come about? And what does this term mean and how is it being interpreted? This matters because SDGs shift international norms. Global goals exert influence on policy and action of governments and stakeholders in development operates through discourse. So the language used in formulating the UN Agenda is a terrain of active contestation. This paper aims to explain the politics that led to this term as a core theme. It argues that LNOB was promoted to frame the SDG inequality agenda as inclusive development, focusing on the exclusion of marginalized and vulnerable groups from social opportunities, deflecting attention from the core issues of distribution of income and wealth, and the challenge of “extreme inequality.” The term is adequately vague so as to accommodate wide ranging interpretations. Through a content analysis of LNOB in 43 VNRs, the paper finds that the majority of country strategies identify LNOB as priority to the very poor, and identify it with a strategy for social protection. This narrow interpretation does not respond to the ambition of the 2030 Agenda for transformative change, and the principles of human rights approaches laid out.

Equality and Equity in Chinese Higher Education in the Post-massification Era: An Analysis Based on Chinese Scholarly Literature

2021 ◽  
pp. 1-22
Author(s):  
Qiang Zha
Keyword(s):  
Higher Education ◽  
Literature Review ◽  
Bibliometric Analysis ◽  
Chinese Higher Education ◽  
Scholarly Literature ◽  
The Core ◽  
Research Questions ◽  
Changes Over Time ◽  
Core Issues ◽  
Over Time

Abstract This paper examines several research questions relating to equality and equity in Chinese higher education via an extended literature review, which in turn sheds light on evolving scholarly explorations into this theme. First, in the post-massification era, has the Chinese situation of equality and equity in higher education improved or deteriorated since the late 1990s? Second, what are the core issues with respect to equality and equity in Chinese higher education? Third, how have those core issues evolved or changed over time and what does the evolution indicate and entail? Methodologically, this paper uses a bibliometric analysis to detect the topical hotspots in scholarly literature and their changes over time. The study then investigates each of those topical terrains against their temporal contexts in order to gain insights into the core issues.

Genealogy of Colonial Discourse: Hindu Traditions and the Limits of European Representation

2009 ◽  
Vol 51 (3) ◽  
pp. 563-589 ◽  
Author(s):  
Raf Gelders
Keyword(s):  
Nineteenth Century ◽  
South Asian ◽  
Colonial Discourse ◽  
Colonial State ◽  
The Core ◽  
European Culture ◽  
Eastern Cultures ◽  
The Subject ◽  
Core Issues

In the aftermath of Edward Said's Orientalism (1978), European representations of Eastern cultures have returned to preoccupy the Western academy. Much of this work reiterates the point that nineteenth-century Orientalist scholarship was a corpus of knowledge that was implicated in and reinforced colonial state formation in India. The pivotal role of native informants in the production of colonial discourse and its subsequent use in servicing the material adjuncts of the colonial state notwithstanding, there has been some recognition in South Asian scholarship of the moot point that the colonial constructs themselves built upon an existing, precolonial European discourse on India and its indigenous culture. However, there is as yet little scholarly consensus or indeed literature on the core issues of how and when these edifices came to be formed, or the intellectual and cultural axes they drew from. This genealogy of colonial discourse is the subject of this essay. Its principal concerns are the formalization of a conceptual unit in the sixteenth and seventeenth centuries, called “Hinduism” today, and the larger reality of European culture and religion that shaped the contours of representation.

On Arbitral Jurisdiction. How to Deal with the Complementarity between Arbitral Tribunals and the Courts?

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Cesare Cavallini
Keyword(s):  
Arbitral Tribunal ◽  
The Core ◽  
Arbitration Process ◽  
Complementary Role ◽  
Domestic Legislation ◽  
Model Law ◽  
Core Issues ◽  
Considerable Body ◽  
Optimum Balance

Abstract Why might one argue that the arbitral tribunal should have the “competence” to rule, as of right, upon its own jurisdiction? Is this natural power consistent with the legitimacy of arbitration? Can it unquestionably achieve the greatest level of efficiency for the parties? Although a considerable body of literature has attempted to answer these questions, this article aims to address (and partially reframe) the core issues relating to arbitral jurisdiction by comparing different legal systems and operative solutions in order to search for new and valuable insights on the topic . There is no doubt, in fact, that the orthodox position traditionally starts from the assumption that access to the courts within parallel proceedings, which (also) questions the allocation of jurisdiction, is problematic also due to the risk of delaying tactics by one party. According to this line of reasoning, when the authority of the arbitrators is challenged, the balance between the legitimacy and the efficiency of the arbitration process could be conditioned by prejudices relating to the (necessary) interference of the courts with the power of the arbitral tribunal to determine its own potestas judicandi (or its lack thereof) on the merits. In an attempt to move on from the classical framing of this issue and towards a comparative evaluation of the rationales and values underlying domestic legislation on arbitral jurisdiction, considered also with reference to the provisions of the UNCITRAL Model Law, this article will seek to provide a solution that is rooted in the complementary role of the courts and of arbitral tribunals. The complementarity between arbitral tribunals and the courts will be shown to be key in securing the legitimacy of arbitration and the actual pre-eminence of this source of alternative private justice and, accordingly, also as a way of striking the optimum balance with the efficiency of the arbitration process.

scholarly journals Leontius of Byzantium and the Concept of Enhypostaton

1970 ◽  
Vol 22 (2) ◽  
pp. 193-218
Author(s):  
Anna Zhyrkova
Keyword(s):  
Human Nature ◽  
Sixth Century ◽  
Conceptual Content ◽  
The Core ◽  
Theological Discourse ◽  
Core Issues ◽  
Philosophical Questions

The concept of “enhypostaton” was introduced into theological discourse during the sixth-century Christological debates with the aim of justifying the unitary subjectivity of Christ by reclassifying Christ’s human nature as ontically non-independent. The coinage of the term is commonly ascribed to Leontius of Byzantium. Its conceptual content has been recognized by contemporary scholarship as relevant to the core issues of Christology, as well as possessing significance for such philosophical questions as individuation and the nature of individual entityhood. Even so, despite its role in the formation of classical Christological thought, the notion of “enhypostaton” is often regarded as obscure and not clearly defined. This paper aims to shed some light on the meaning of Leontius’ conception of it, in respect of its specifically philosophical import.

scholarly journals Scaling Uncertainty in Visual Perception and Estimation Tasks

2020 ◽  
Author(s):  
Eleanor Brower Schille-Hudson ◽  
David Landy
Keyword(s):  
Social Factors ◽  
Common Source ◽  
Uncertain Information ◽  
Social Significance ◽  
Estimation Task ◽  
The Core ◽  
Bayesian Formulation ◽  
Visual Properties ◽  
The Bayesian Approach ◽  
Regular Patterns

Demographic perception—the perception of social quantities of geopolitical scale and social significance—has been extensivelystudied in cognitive and political science (Citrin & Sides, 2008; Gilens, 2001; Herda, 2013). Regular patterns of over- and under-estimation emerge. Americans greatly overestimate, for instance, the proportion of citizens that identify as gay or Muslim, while underestimating those that are Christian. While these errors have been attributed to social factors such as fear of specific minorities (Gallagher, 2003; Wong, 2007), other work has suggested that these patterns result from the psychophysics of the perception of proportions (Landy, Guay & Marghetis 2018). A Bayesian formulation suggests that biases in the estimation of both social proportions and simple visual properties result from a common source: ‘hedging’ uncertain information toward a prior. Here we present a novel lab paradigm and two experiments that manipulate uncertainty in a simple (dot estimation) task, verifying the core assumptions of the Bayesian approach.

Argument Structure

2016 ◽  
Author(s):  
Joshua Viau ◽  
Ann Bunger
Keyword(s):  
Argument Structure ◽  
Balance Of Power ◽  
Developmental Research ◽  
The Core ◽  
Theoretical Approaches ◽  
Current State ◽  
Thematic Relations

Children acquiring any language must develop an understanding both of how event components are encoded in verb meanings and of the argument structure of those verbs, that is, how the participants of the event that each verb describes map onto linguistic arguments. This chapter begins with an overview of the major issues in the study of argument structure, including a consideration of the balance of power between verbs and constructions as it pertains to the encoding of thematic relations and a comparison of theoretical approaches with an eye toward learnability. The core of the chapter consists of a comprehensive synthesis of the current state of developmental research on argument structure.

“THE CENCI” TRAGEDY BY P. B. SHELLEY THROUGH THE EYES OF THE XXI CENTURY READER

2021 ◽  
pp. 123-131
Author(s):  
SIRANUSH HOVHANNISYAN
Keyword(s):  
Family Structures ◽  
Romantic Period ◽  
The Core ◽  
The Voice ◽  
Core Issues

SIRANUSH HOVHANNISYAN - “THE CENCI” TRAGEDY BY P. B. SHELLEY THROUGH THE EYES OF THE XXI CENTURY READER The article touches upon the literary views of P. B . Shelley, representative of the Romantic period, focusing on the ideology of "The Cenci" tragedy. The core issues of the tragedy are presented in the light of the reality of the XXI century. Based on the analysis, the author concludes that the topics discussed in the tragedy are relevant in the XXI century, particularly focusing on the eternal struggle between the light and darkness, the destruction of family structures, and the vicious phenomenon of remaining indifferent towards the voice of a woman, within the context of falling victim to violence.

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