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All institutions concerned with the process of judging - whether it be deciding between alternative courses of action, determining a judge’s professional integrity, assigning culpability for an alleged crime, or ruling on the credibility of an asylum claimant - are necessarily directly concerned with the question of doubt. By putting ritual and judicial settings into comparative perspective, in contexts as diverse as Indian and Taiwanese divination and international cricket, as well as legal processes in France, the UK, India, Denmark, and Ghana, this book offers a comprehensive and novel perspective on techniques for casting and dispelling doubt, and the roles they play in achieving verdicts or decisions that appear both valid and just. Broadening the theoretical understandings of the social role of doubt, both in social science and in law, the authors present these understandings in ways that not only contribute to academic knowledge but are also useful to professionals and other participants engaged in the process of judging. This collection will consequently be of great interest to academics researching in the fields of legal anthropology, ritual studies, legal sociology, criminology, and socio-legal studies.
To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
The Illusion of Doubt confronts one of the most important questions in philosophy: what can we know? The radical sceptic's answer is 'not very much' if we cannot prove that we are not subject to (permanent) deception. This book shows that the radical sceptical problem is an illusion created by a mistaken picture of our evidential situation.
In The Burden of Proof, Scott Turow probes the fascinating and complex character of Alejandro Stern as he tries to uncover the truth about his wife's life. Late one spring afternoon, Alejandro Stern, the brilliant defense lawyer from Presumed Innocent, comes home from a business trip to find that Clara, his wife of thirty years, has committed suicide.
Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
THE STORY: On the eve of her twenty-fifth birthday, Catherine, a troubled young woman, has spent years caring for her brilliant but unstable father, a famous mathematician. Now, following his death, she must deal with her own volatile emotions; the
The single fastest growing religious group of our time is those who check the box next to the word none on national surveys. In America, this is 20 percent of the population. Exactly who are the unaffiliated? What caused this seismic shift in our culture? Are our churches poised to reach these people? James Emery White lends his prophetic voice to one of the most important conversations the church needs to be having today. He calls churches to examine their current methods of evangelism, which often result only in transfer growth--Christians moving from one church to another--rather than in reaching the "nones." The pastor of a megachurch that is currently experiencing 70 percent of its growth from the unchurched, White knows how to reach this growing demographic, and here he shares his ministry strategies with concerned pastors and church leaders.
According to the great mathematician Paul Erdös, God maintains perfect mathematical proofs in The Book. This book presents the authors candidates for such "perfect proofs," those which contain brilliant ideas, clever connections, and wonderful observations, bringing new insight and surprising perspectives to problems from number theory, geometry, analysis, combinatorics, and graph theory. As a result, this book will be fun reading for anyone with an interest in mathematics.