Fact Finding Without Facts

Author : Nancy A. Combs
Publisher : Cambridge University Press
ISBN 13 : 1139489712
Total Pages : pages
Book Rating : 4.13/5 ( download)

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Download or read book Fact-Finding without Facts written by Nancy A. Combs and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding Without Facts explores international criminal fact-finding - empirically, conceptually, and normatively. After reviewing thousands of pages of transcripts from various international criminal tribunals, the author reveals that international criminal trials are beset by numerous and severe fact-finding impediments that substantially impair the tribunals' ability to determine who did what to whom. These fact-finding impediments have heretofore received virtually no publicity, let alone scholarly treatment, and they are deeply troubling not only because they raise grave concerns about the accuracy of the judgments currently being issued but because they can be expected to similarly impair the next generation of international trials that will be held at the International Criminal Court. After setting forth her empirical findings, the author considers their conceptual and normative implications. The author concludes that international criminal tribunals purport a fact-finding competence that they do not possess and, as a consequence, base their judgments on a less precise, more amorphous method of fact-finding than they publicly acknowledge.

Author : James Gerard Devaney
Publisher : Cambridge University Press
ISBN 13 : 1316720896
Total Pages : 307 pages
Book Rating : 4.99/5 ( download)

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Download or read book Fact-Finding before the International Court of Justice written by James Gerard Devaney and published by Cambridge University Press. This book was released on 2016-09-29 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fact-Finding before the International Court of Justice examines a number of significant recent criticisms of the way in which the ICJ deals with facts. The book takes the position that such criticisms are warranted and that the ICJ's current approach to fact-finding falls short of adequacy, both in cases involving abundant, particularly complex or technical facts, and in those involving a scarcity of facts. The author skilfully examines how other courts such as the WTO and inter-State arbitrations conduct fact-finding and makes a number of select proposals for reform, enabling the ICJ to address some of the current weaknesses in its approach. The proposals include, but are not limited to, the development of a power to compel the disclosure of information, greater use of provisional measures, and a clear strategy for the use of expert evidence.

Author : Philip Alston
Publisher : Oxford University Press
ISBN 13 : 0190239492
Total Pages : 577 pages
Book Rating : 4.97/5 ( download)

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Download or read book The Transformation of Human Rights Fact-finding written by Philip Alston and published by Oxford University Press. This book was released on 2016 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers a multidisciplinary approach to the study of fact-finding, including rigorous and critical analysis of the field of practice, as well as providing a range of accounts of what actually happens. It deepens the study and practice of human rights investigations, and fosters fact-finding as a discretely studied topic, while mapping crucial transformations in the field.

Author : Bertie G. Ramcharan
Publisher : BRILL
ISBN 13 : 9004482288
Total Pages : 269 pages
Book Rating : 4.89/5 ( download)

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Download or read book International Law and Fact-Finding in the Field of Human Rights written by Bertie G. Ramcharan and published by BRILL. This book was released on 2021-10-18 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Judicial Commission of New South Wales
Publisher :
ISBN 13 : 9780731356133
Total Pages : pages
Book Rating : 4.36/5 ( download)

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Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.

Author : Seema Yasmin
Publisher : Simon and Schuster
ISBN 13 : 1665900040
Total Pages : 368 pages
Book Rating : 4.41/5 ( download)

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Download or read book What the Fact? written by Seema Yasmin and published by Simon and Schuster. This book was released on 2023-10-10 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: From acclaimed writer, journalist, and physician Dr. Seema Yasmin comes a “savvy, accessible, and critical” (Kirkus Reviews, starred review) book about the importance of media literacy, fact-based reporting, and the ability to discern truth from lies. What is a fact? What are reliable sources? What is news? What is fake news? How can anyone make sense of it anymore? Well, we have to. As conspiracy theories and online hoaxes increasingly become a part of our national discourse and “truth” itself is being questioned, it has never been more vital to build the discernment necessary to tell fact from fiction, and media literacy has never been more important. In this accessible guide, Dr. Seema Yasmin, an award-winning journalist, scientist, medical professional, and professor, traces the spread of misinformation and disinformation through our fast-moving media landscape and teaches young readers the skills that will help them identify and counter poorly-sourced clickbait and misleading headlines.

Author : Baosheng Zhang
Publisher : Springer Nature
ISBN 13 : 9811596395
Total Pages : 321 pages
Book Rating : 4.91/5 ( download)

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Download or read book Facts and Evidence written by Baosheng Zhang and published by Springer Nature. This book was released on 2021-01-04 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in-depth discussion on two concepts from the field of philosophy and law, in order to improve our understanding of the relation between “fact” and “evidence” in judicial process. Since fact-finding is a difficult task for judges, proof by evidence has been devised to help them access the truth. However, in the process of judicial fact-finding, there is always a gap between fact and truth. This book covers a wide range of topics, from reflections on the concept of “fact,” “evidence” and “fact-finding” in the field of philosophy and law to individual case studies. As such it is a useful reference resource on the continuing research on the judicial proof process for students and scholars.

Author : H. L. Ho
Publisher : Oxford University Press on Demand
ISBN 13 : 0199228302
Total Pages : 362 pages
Book Rating : 4.00/5 ( download)

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Download or read book A Philosophy of Evidence Law written by H. L. Ho and published by Oxford University Press on Demand. This book was released on 2008-03-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Author : Arianna Betti
Publisher : MIT Press
ISBN 13 : 0262029219
Total Pages : 325 pages
Book Rating : 4.16/5 ( download)

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Download or read book Against Facts written by Arianna Betti and published by MIT Press. This book was released on 2015-07-10 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument that the major metaphysical theories of facts give us no good reason to accept facts in our catalog of the world. In this book Arianna Betti argues that we have no good reason to accept facts in our catalog of the world, at least as they are described by the two major metaphysical theories of facts. She claims that neither of these theories is tenable—neither the theory according to which facts are special structured building blocks of reality nor the theory according to which facts are whatever is named by certain expressions of the form “the fact that such and such.” There is reality, and there are entities in reality that we are able to name, but, Betti contends, among these entities there are no facts. Drawing on metaphysics, the philosophy of language, and linguistics, Betti examines the main arguments in favor of and against facts of the two major sorts, which she distinguishes as compositional and propositional, giving special attention to methodological presuppositions. She criticizes compositional facts (facts as special structured building blocks of reality) and the central argument for them, Armstrong's truthmaker argument. She then criticizes propositional facts (facts as whatever is named in “the fact that” statements) and what she calls the argument from nominal reference, which draws on Quine's criterion of ontological commitment. Betti argues that metaphysicians should stop worrying about facts, and philosophers in general should stop arguing for or against entities on the basis of how we use language.

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081783
Total Pages : 500 pages
Book Rating : 4.84/5 ( download)

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Download or read book Quality Control in Fact-Finding written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2013-11-16 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international, internationalised and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGOs. They are analysed and assessed in detail by 19 authors under the common theme 'Quality Control in Fact-Finding'. The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassée, WU Xiaodan, Dan Saxon, Chris Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. Serge Brammertz has written the Preface, and LING Yan a Foreword. The book emphasises quality awareness and improvement in non-criminal justice fact-work. This quality control approach recognises, inter alia, the importance of leadership in fact-finding mechanisms, the responsibility of individual fact-finders to continuously professionalise, and the need for fact-finders to be mandate-centred. It is an approach that invites the consideration of how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present, and disseminate facts. The book also considers regulatory approaches to enhance quality and professionalisation.