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The focus of this book is the uniform Evidence Act (referred to throughout as ‘the Act’ or ‘the Acts’). The Act has not been introduced in Queensland, South Australia or Western Australia, where each state’s Evidence Act and the common law apply. However, the Act is still an important reference guide for those states due to the connection between the common law and the Act. Despite the differences between jurisdictions that have adopted the Act, there is a significant degree of uniformity. Accordingly, in this book, the provisions that are extracted to indicate the rules in relation to the Act come from the Commonwealth Act. Any important jurisdictional differences are separately identified.
This chapter considers the legislative history of evidence law and some fundamental introductory concepts that are used frequently in evidence law and the trial process. This chapter is an introductory overview; specific topics are dealt with in substance in subsequent chapters.
Chapter 5 trains its attention on evidentiary practices, continuing to ask how law apprehends its world. The discussion reveals that legal actors have had a troubled relation with expert evidence. As with preceding chapters, a critical orientation is brought in to explicate law’s evidentiary reductivity (manageability of contingency and complexity) – to argue that the law has been unpredictable and unprincipled in how it has registered torture’s lifeworld. The pertinent questions here become: How does law interact with the natural and social sciences in the recognition of torture? What types of knowledge and evidence count towards legal recognition? What types are effaced and rendered inadmissible?
The development of continuous distribution (CD) proposals for lungs, kidneys, pancreases, and livers display the interrelationship of values and evidence. CD involves identifying attributes that assess progress toward five goals: (1) prioritize sickest candidates first to reduce waitlist deaths; (2) improve long-term survival after transplant; (3) increase transplant opportunities for patients who are medically harder to match; (4) increase transplant opportunities for candidates with distinct characteristics, such as pediatric and prior living donor status; (5) promote efficient management of organ placement through consideration of geographic proximity between donor hospitals and patient transplant centers. Weights are then assigned to the attributes and goals to obtain a composite priority score. Both values and evidence influenced the choice of attributes and their functional forms. Rather than primarily statements of values, weights became design features in machine learning optimization exercises that allowed for the identification of alternatives that predicted the most favorable combinations of efficiency and equity outcomes.
Contemporary understandings of torture are ruled by a medico-legal duopoly: the language of law (regulating definition and prohibition) and that of medicine (controlling understandings of the body in pain). This duopoly has left little space for contextual conceptualisation – of ideological, emotional and imaginational impulses which function in readily recognising some forms of violence and dismissing others. This book challenges the rigour of this prevailing duopoly. In its place, it develops a new approach to critique the central scripts of 'law and torture' scholarship (around progress, violence, evidence and senses). Drawing on socio-legal and critical-theoretical scholarship, it aims to 'widen the apertures' of the dominant dogmas to their interconnected social, political, temporal and emotional dimensions. These dimensions, the book advances, hold the key to more fully understanding not only the production of torture's definition and prohibition; but also its normative contestation – to better grasp whose pain gets recognised and redressed and why.
The study aimed to analyse the European experience of investigating criminal offences in the field of official activity and the peculiarities of its adaptation to the Ukrainian context. The study employed a combination of case study methods, formal legal analysis, content analysis, comparative legal analysis, contextual analysis and PESTEL (political, economic, social, technological, environmental and legal) analysis. The analysis of international experience was conducted in the context of European Union member states that have successfully established effective systems for investigating crimes in the public sector, including Germany, France and Poland. The study found that the approaches and strategies implemented in Ukraine have several shortcomings that significantly reduce the effectiveness of criminal investigations, including a widening gap between the number of registered offences and the number of notices of suspicion served. The reason for the identified discrepancy is the lack of coordination between the subjects of criminal investigations, as well as the lack of transparency of the investigation process and accountability of the parties involved. To overcome these shortcomings, the study recommended adapting the German experience in the field of round-the-clock interaction between the subjects of a criminal investigation, which guarantees quick access to information and prompt permission to conduct investigative actions. Adaptation of the French experience in conducting investigations was recommended to ensure cross-control of the investigation subjects and improve the efficiency of their work. The Polish experience of utilizing electronic resources in criminal proceedings was recommended to enhance interdisciplinary cooperation among the parties involved in the investigation. Adopting the best international practices can be used to enhance the detection statistics of criminal offences and increase public confidence in the country’s system for investigating and prosecuting criminal misconduct in office.
It is discussed in more detail how perceptions relate to propositional knowledge. In doing so, “myths” of the perceptual Given are evaluated. One myth is that a mere perception can itself justify propositions, or ground assertoric judgments, and that it can therefore be a foundational justifier. This is the Myth of the Given in Sellars and McDowell. Kant would deny that intuitions can justify propositions independently of conceptual content, be it infallibly or fallibly. After all, he makes the well-known complementarity claim about cognition “in the proper sense,” according to which intuitions without concepts are blind. However, as argued in the preceding chapters, their blindness does not entail that they do not have epistemic power in their own right.
Australian Uniform Evidence Law is an essential textbook for students and emerging practitioners. Providing a practical and clear introduction to this complex subject, the text covers the Evidence Act 1995 (Cth) and its operation across uniform Evidence Act jurisdictions. The textbook highlights the legislative extracts for each uniform evidence jurisdiction and discusses cases that inform the application of these provisions. The third edition includes updated cases and changes to the law, guiding students through the application of the Act and providing opportunities to apply new knowledge of evidence law in its ever-changing context. Chapters are written in an accessible style, featuring a summary of key points, a list of key terms and definitions, and further readings. Practice questions with guided solutions ensure students effectively apply their learnt knowledge to real-world examples. The final chapter, 'Putting it all together', comprises complex practice problems that test students' understanding of the concepts and rules covered.
Proof is a fundamental problem facing those who experience discrimination in the workplace. Statutory discrimination law in Australia typically relies on an individual claimant proving their case, without a shifting burden of proof. Using age discrimination as a lens to facilitate analysis, and drawing on innovative findings from a multi-year, mixed methods empirical study of the enforcement of age discrimination law in Australia and the UK, this article offers the first empirically-informed assessment of what difference a shifting burden of proof would make to Australian discrimination law. It argues that while a shifting burden of proof may be important in finely balanced cases, and should be adopted for that reason, it is insufficient to overcome the limits of individual enforcement, and the dramatic information disparities between workers and employers. It offers important additional strategies or tools that might also help address the problem of proof, to better advance equality.
The problem of unconceived alternatives poses a challenge to believing even our most successful scientific theories. Such theories are typically accepted because they explain the available evidence better than any known rival, but such ‘inference to the best explanation’ cannot reliably guide us to the truth unless the truth is among the set of possibilities we have considered. The problem of unconceived alternatives suggests that we have compelling historical grounds to doubt that this crucial condition is satisfied when we theorize about otherwise inaccessible natural domains. Because the historical evidence suggests there are probably many serious alternatives to our own foundational theories that remain presently unconceived despite being well-confirmed by the evidence we have, we should doubt that some of even our most successful scientific theories are in fact true or even close to the truth. After presenting this problem in its original scientific context, I go on to argue that it poses at least as compelling a challenge to our confidence in any particular conception of God and/or divinity. I draw some fairly radical further theological consequences, and I suggest that the problem may ultimately force us to embrace a far more epistemically humble appraisal of our knowledge of God and divinity itself.
Systematic reviews and meta-analyses are often considered the highest level in evidence hierarchies, and therefore are often drawn upon when considering changes in policy. Despite journals implementing measures aiming to enhance the quality of systematic reviews they publish, the authorship raise concerns about the quality of existing and ongoing systematic reviews, particularly relating to transparency and bias minimisation. Building on the current guidelines, standards and tools, we suggest a ‘meta checklist’ which aims to maximise methodologically sound, unbiased and reproducible reviews of the best scientific quality while considering feasibility throughout the process.
We simplify our lives by learning from others. I focus on instances where we learn from our peers by receiving evidence that they have evidence for a hypothesis. I refer to this type of learning as learning from others’ evidence. I exclusively consider cases where we do not learn what the other agent’s evidence is; we only receive evidence that such evidence exists. I approach learning from others’ evidence by exploring the following slogan, popular in epistemology:
EEE-Slogan “[E]vidence of evidence is evidence. More carefully, evidence that there is evidence for h is evidence for h” (Feldman 2007: 208; notation adjusted).
I am interested in the limitations of the slogan, focus on the impact of non-epistemic values on it, and argue for the following main thesis:
Non-Epistemic Values in the EEE-Slogan: There are cases in which we cannot (adequately) apply the EEE-Slogan due to the differing non-epistemic values between us and our peers.
In arguing for the thesis, I draw on and expand insights from the philosophy of science. There are instances where our peers’ reasoning, commitments, and evidence (see Douglas 2000) are not rationally acceptable to us due to differences in non-epistemic values. Building on this, I contend that in such cases, we cannot (adequately) apply the slogan.
Rationally speaking, receiving testimony from an epistemic authority seems better than receiving testimony from anyone else. But what explains this?
According to the Preemptive Reasons View (PRV), the difference is one in kind, i.e., authorities provide you with preemptive reasons, whereas everyone else provides you with evidence. In this paper, I develop a novel problem for the PRV. In a nutshell, the problem is that the PRV cannot account for why there are cases in which the opinions of epistemic apprentices should count for something too. I conclude by offering a new reason for endorsing the Authorities-as-Advisors View (AAV). According to the AAV, testimony always provides you with evidence; it is just that relying on the say-so of an epistemic authority provides you with better evidence than relying on the say-so of anyone else.
The best strategy for getting away with lying is to lie small by only deviating from the truth as much as is necessary to achieve the intended deception. Why then do some demagogues lie big? One set of views has it that the only difference between small and big lies concerns the size of their contents. They claim that the purpose of big lies is the formation of false beliefs in their literal contents via counterfactual reasoning, conspiracy theories, or the illusory truth effect. The negative part of this paper questions these accounts. The positive part proposes a different explanation for why demagogues use big lies and argues that big lies may serve three distinct purposes for demagogues: they reinforce their supporters’ deeply held beliefs, test the loyalty of their close followers, or publicly demonstrate the demagogue’s power. For a big lie to serve these purposes, genuine belief in the lie is not required – in fact, few are likely to believe it. What matters is that the demagogue’s supporters publicly endorse the lie. We contend that they do so, either because they interpret them as motivational statements or use them to express or justify their shared emotions or convictions.
The chapter will help you to be able to describe the evolution of disorder specific CBT protocols, explain the value of using a disorder specific protocol over a generic CBT approach, consider the relative efficacy of CBT in different populations, and so choose whether CBT is appropriate for your patient, and if so, which adaptation of CBT would be most helpful
The chapter will help you to be able to describe the development of CBT approaches for anxiety disorders, explain how the four key factors influence the level of perceived threat from a cognitive perspective, and consider the comparative purposes of habituation, cognitive restructuring and behavioural experiments in treating anxiety disorders
The study aimed to examine the criminalistic, criminal procedural and psychological issues associated with the use of artificial intelligence (AI) technologies in criminal proceedings. The study employed a comprehensive approach, comprising a survey of 64 criminal justice professionals (investigators, prosecutors, judges, lawyers and forensic experts) from six regions of Ukraine, an analysis of relevant legal acts and a content analysis of court decisions. The research methodology employed a combination of quantitative and qualitative methods, including statistical analysis, analysis of variance and case studies of foreign experiences. The analysis of Ukrainian legal acts revealed the absence of special rules regulating the use of AI in criminal proceedings, although the Criminal Procedural Code of Ukraine in Articles 84–94 provides for the possibility of using technical means in the collection and examination of evidence. The study of court practice revealed that in 73.5% of cases, the defence filed a motion to declare inadmissible evidence obtained using AI, and 41.2% of these motions were granted. In 83.7% of decisions where such evidence was declared admissible, it was considered as part of the expert’s opinion. The results of the survey revealed critical problems with the use of AI, particularly the lack of an adequate regulatory framework (4.72 points out of 5), insufficient interpretability of the results of AI systems (4.54 points) and the difficulty of verifying the results of digital evidence analysis (4.48 points). The most important forensic issues identified were the limited ability of AI systems to contextually analyse evidence (86.4% of respondents) and the difficulty of verifying digital evidence-processing algorithms (84.1% of respondents). The study proposes a comprehensive approach to addressing the identified problems, encompassing the regulatory, legal, organizational and methodological aspects of integrating AI technologies into criminal proceedings. The study’s results can be used to enhance the regulatory framework and inform methodological recommendations for law enforcement agencies and the training of specialists in the field of criminal justice.
Building on the concepts of evidence-based medicine, evidence-based management (EBMgmt) suggests that leaders and managers find, evaluate and use the best available scientific evidence to inform their practice. This chapter discusses when and how to look for evidence and outlines how to apply it.
Is a marriage rendered invalid in the absence of a marriage certificate? How does the absence of state recognition influence the legitimacy of a marriage across different legal and cultural systems? In Bangladesh, customary marriages—where a marriage might not be formally registered with the state—are common. This article explores how shalish (community-based courts) accept alternate evidence to prove a marriage, noting the ways in which this approach can benefit women. Drawing on ethnographic fieldwork in urban and rural courts in Bangladesh, archival research studying court records, and interviews with diverse interlocutors, my findings indicate that Muslim women who do not have a kabinnamma (marriage certificate) prefer to go to shalish to mediate disputes because this site is embedded within the community and attuned to the cultural context of marriage. I provide a comparative analysis on the admissible evidence used to prove a marriage in state courts and in shalish, examining the legal reasoning within each system. Shalish operates with a flexible legal reasoning, which in theory has the capacity to recognize social hierarchies, balancing power and implementing justice in more equitable ways. Noting the kinds of cases where marginalized women benefit from the decisions in shalish compared to decisions from state courts reveals the gaps in state law, challenging the claims of universality and superiority over other forms of law as well as a need to rethink evidentiary protocols from the ground up. This article highlights alternate epistemic frameworks of justice that recognize and center rural women’s positionalities, desires, and standpoints, thereby decentering thinking about law and evidentiary processes rooted in Eurocentric, patriarchal, and urban frameworks.
In this chapter Classics teachers Katrina Kelly and Arlene Holmes-Henderson are joined by Amanada Moorghen and Rebekah Simon-Caffyn of Voice 21 to share new data on how teaching oracy can influence confidence in pupils. In ‘Confidence and Outcomes for Students and Teachers: what does the evidence say?’ they analyse qualitative feedback from over 5000 students and 293 teachers in primary and secondary schools. Confidence has been regularly identified as a primary benefit of a high-quality oracy education, they observe, but very little is known about what aspects of confidence are affected, and the impact of this on students. Their chapter breaks ‘confidence’ down into its component parts and explores what the data from their study shows. They find clear links between the practice of oracy and increased student confidence and outcomes in both speaking and listening across a variety of other contexts and skills, and offer a series of practical proposals for schools.
Chapter 6 highlights a few implications for political legitimacy and the theory of legitimacy that can be derived from some of the key points that I have touched upon in Chapters 4 and 5. The implications include the following: (1) the character of a theory of political legitimacy is at the same time conservative and progressive, albeit more progressive than conservative; (2) the scope of evaluation and judgment that a theory of political legitimacy entails must avoid two dangerous paths: the first one is thinking that it is not possible to produce valid evaluations and judgments of legitimacy, and the second one is evaluating and judging all political situations from one’s own perspective; (3) evidence—that is, what people think and feel—can be called upon and mobilized for the evaluation and judgment of legitimacy; and (4) contemporary politics is especially relevant to the discussion of legitimacy.