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The Burdens of Proof Dale A. Nance (Case Western Reserve University, Ohio)

The Burdens of Proof By Dale A. Nance (Case Western Reserve University, Ohio)

The Burdens of Proof by Dale A. Nance (Case Western Reserve University, Ohio)


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Summary

Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for practical decision-making, such as adjudication, requirements on both the aggregate weight of the evidence and the degree to which the evidence favors one hypothesis over another.

The Burdens of Proof Summary

The Burdens of Proof: Discriminatory Power, Weight of Evidence, and Tenacity of Belief by Dale A. Nance (Case Western Reserve University, Ohio)

Adjudicative tribunals in both criminal and non-criminal cases rely on the concept of the 'burden of proof' to resolve uncertainty about facts. Perhaps surprisingly, this concept remains clouded and deeply controversial. Written by an internationally renowned scholar, this book explores contemporary thinking on the evidential requirements that are critical for all practical decision-making, including adjudication. Although the idea that evidence must favor one side over the other to a specified degree, such as 'beyond reasonable doubt', is familiar, less well-understood is an idea associated with the work of John Maynard Keynes, namely that there are requirements on the total amount of evidence considered to decide the case. The author expertly explores this distinct Keynesian concept and its implications. Hypothetical examples and litigated cases are included to assist understanding of the ideas developed. Implications include an expanded conception of the burden of producing evidence and how it should be administered.

About Dale A. Nance (Case Western Reserve University, Ohio)

Dale A. Nance is the John Homer Kapp Professor of Law at Case Western Reserve University, Ohio.

Table of Contents

1. Introduction; 2. Discriminatory power: adjudication as practical reasoning; 3. Keynesian weight and decision-making: being prepared to decide; 4. Keynesian weight in adjudication: the allocation of juridical roles; 5. Tenacity of belief: an idea in search of use; 6. Conclusion.

Additional information

NLS9781107570481
9781107570481
1107570484
The Burdens of Proof: Discriminatory Power, Weight of Evidence, and Tenacity of Belief by Dale A. Nance (Case Western Reserve University, Ohio)
New
Paperback
Cambridge University Press
2018-12-20
344
N/A
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