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Evidence Commons

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Full-Text Articles in Evidence

Mitochondrial Dna Replacement: Moral And Halakhic Concerns, J. David Bleich Jan 2018

Mitochondrial Dna Replacement: Moral And Halakhic Concerns, J. David Bleich

Articles

Mitochondrial DNA (mtDNA), transmitted from mother to child, have their own genetic code that may cause debilitating genetic diseases. To prevent such unfortunate occurrences, researchers have developed a process enabling them to completely replace an ovum’s mitochondria with mitochondria contributed by a donor. Children born by use of this method have genetic material from both the mitochondrial donor and the birth mother; they are “three-parent babies.” Resultant medical, ethical, legal and theological problems are obvious.

Moreover, this technology may pose significant risks to neonates born of such procedures. Certainly no person has the right to cause harm to a fellow …


The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack Jun 2012

The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack

Articles

In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …


Peer Review And Publication: Lessons For Lawyers, Susan Haack Jan 2007

Peer Review And Publication: Lessons For Lawyers, Susan Haack

Articles

No abstract provided.


Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack Jan 2004

Epistemology Legalized: Or, Truth, Justice, And The American Way, Susan Haack

Articles

No abstract provided.


Towards A (Bayesian) Convergence?, Richard D. Friedman Jan 1997

Towards A (Bayesian) Convergence?, Richard D. Friedman

Articles

If I understand them correctly, several leading Bayesioskeptics (Allen, Callen, Stein) acknowledge - with varying degrees of specificity and varying degrees of grudgingness - that standard probability theory can be useful as an analytical tool in considering evidentiary doctrines and the probative value of evidentiary items.


Answering The Bayesioskeptical Challenge, Richard D. Friedman Jan 1997

Answering The Bayesioskeptical Challenge, Richard D. Friedman

Articles

In recent years, some scholars of evidence, myself among them, have made active use of subjective probability theory - what is sometimes referred to as Bayesianism - in thinking about issues and problems related to the law of evidence. But, at the same time, this use has been challenged to various degrees and in various ways by scholars to whom I shall apply the collective, if somewhat misleading, label of Bayesioskeptics. I present this brief paper to defend this use of probability theory, and to discuss what I believe is its proper role in discourse about evidentiary issues.