11 found
Order:
  1. Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a specific way – as (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   103 citations  
  2. Does legal epistemology rest on a mistake? On fetishism, two‐tier system design, and conscientious fact‐finding.David Enoch, Talia Fisher & Levi Spectre - 2021 - Philosophical Issues 31 (1):85-103.
  3.  30
    Trial by Design.Talia Fisher - 2023 - American Philosophical Quarterly 60 (2):149-167.
    The future of trial lies in customization. Throughout the Anglo-American world, the public model of criminal and civil procedure is gradually giving way to a private contractual paradigm, one which allows the litigating parties to tailor the evidentiary and procedural landscape of trial to fit their specific needs and preferences. Procedural and evidence rules are shifting from mandatory safeguards of public values to default rules and bargaining chips within the hands of the litigating parties. There is growing recognition in the (...)
    No categories
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4.  17
    The State and the Market-A Parable: On the State's Commodifying Effects.Tsilly Dagan & Talia Fisher - 2011 - Public Reason 3 (2).
  5.  39
    A Nuanced Approach to the Privatization Debate.Talia Fisher - 2011 - Law and Ethics of Human Rights 5 (1):72-110.
    Current framing of the debate over the privatization of the State’s legislative and adjudicative functions masks the fact that there are distinct and conflicting versions of privatization of law. The different privatization models diverge on fundamental questions relating to the ontology of law, the role of social cooperation mechanisms in the lives of people, as well as the types of private legislative and adjudicative institutions that ought to replace the State’s legal system. In light of such conflicting normative premises, the (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6. Cost-benefit analysis of fact-finding.Talia Fisher - 2021 - In Christian Dahlman, Alex Stein & Giovanni Tuzet (eds.), Philosophical Foundations of Evidence Law. New York, NY: Oxford University Press.
     
    Export citation  
     
    Bookmark  
  7. Critical Notice: Force and Freedom: Can They Co-exist?Talia Fisher - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):387-402.
    Force and Freedom, a new book by Professor Arthur Ripstein, offers a comprehensive and highly sophisticated articulation of Kant’s legal and political philosophy. While Kant’s thinking on metaphysics and ethics has received paramount attention in the academic discourse, his contribution to legal and political theory has been somewhat marginalized. One reason for Kant’s exclusion from the central canon of political and legal philosophy is the abstract and very complicated nature of Kantian writing on law and political power, most particularly in (...)
     
    Export citation  
     
    Bookmark  
  8.  9
    Half the Guilt.Talia Fisher - 2021 - Theoretical Inquiries in Law 22 (1):87-109.
    Criminal law conceptualizes guilt and the finding of guilt as purely categorical phenomena. At the end of trial, the defendant is pronounced either “guilty” or “not guilty” of the charges made against her, excluding the possibility of judgment of degree. Judges or juries cannot calibrate findings of guilt to various degrees of epistemic certainty by pronouncing the defendant “probably guilty,” “most certainly guilty,” or “guilty by preponderance of the evidence.” Nor can decision makers qualify the verdict to reflect normative or (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  9.  13
    Nomos Without Narrative.Talia Fisher - 2008 - Theoretical Inquiries in Law 9 (2):473-502.
    The three central themes underlying this issue of Theoretical Inquiries in Law—the privatization of law model, the legal pluralism paradigm, and multiculturalism — are united in their shared opposition, be it descriptive or normative, to the monopolistic concentration of law production power in the hands of the state. The three models focus on dispersion of the social ordering function amongst non-state agents. They advocate the claim that the state has not succeeded at securing a monopoly over law and/or should not (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  10.  16
    Rethinking Settlement.Talia Fisher & Leora Bilsky - 2014 - Theoretical Inquiries in Law 15 (1):77-124.
    In his canonical articles Against Settlement and The Forms of Justice, Owen Fiss argues that the erosion of civil litigation harms the deliberative process and the elucidation of public values in society. By revealing the hidden public dimension underlying not only public law litigation, but also the adjudication of private law disputes, Fiss’s argument can be conceptualized as posing a challenge to the public/ private distinction. At the same time, Fiss’s critique reinforces the public/private divide by placing settlement and civil (...)
    No categories
    Direct download  
     
    Export citation  
     
    Bookmark  
  11.  16
    The confessional penalty.Talia Fisher & Issachar Rosen-Zvi - unknown
    Confessions both hold a great promise and pose a grave danger. When the accused speaks against his interest and assumes responsibility for criminal actions this is viewed as a compelling sign of guilt. It is not, therefore, for naught that the confession has been crowned the "queen of evidence." Yet research conducted in the last few decades has shown that a substantial number of confessions are false, ranking the out of court confession high among the factors leading to the conviction (...)
    Direct download  
     
    Export citation  
     
    Bookmark