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At the very least, moral arguments about which legal theory has the best consequences are at least as uncertain as the epistemic issues that divide inclusive and exclusive positivists. An argument developing this conclusion would have bolstered burge-hendrix’s claim that the rush to a “second best” theory (on moral grounds) is unwarranted.
Epistemic uncertainty and the methodology debate --concept or concepts of law? --choosing a theory of law --'methodological' positivism --uncertainly on the ground --understanding the canadian constitution the division of labour in legal theory --perspectival differences.
Jul 18, 2017 epistemology in uncertainty: distinguishing science and faith in inclusion in california western law review by an authorized editor of cwsl theories, including quantum mechanics and string theory, and discusses.
May 8, 2019 but what effect does communication of such epistemic uncertainty have? phenomena that we currently don't know but could, at least in theory, know or establish.
Accordingly, the degree of epistemic uncertainty and the intensity of the interference are to be balanced. The second law of balancing can therefore also be called epistemic law of balancing. It is to be distinguished from the first law of balancing, which determines the balancing between two competing material principles and reads:.
Jan 4, 2017 contemporary planning theory considers uncertainty as part of the main difference between ontic and epistemic uncertainty is that ontic change may induce planners to permit (legal) flexibility in land use to enable.
As we have already mentioned above, 3 epistemic discretion can be analysed by means of two elements from the principles theory, namely the second law of balancing 4 and the weight formula. 5 when balancing two competing principles, the second law of balancing does not only take into account the intensity of interference with the respective.
Formal principles, such as the principle of legal certainty or democracy. 11 the epistemic uncertainty is of great significance for alexy's theory of formal.
This sensitivity, exacerbated by epistemic uncertainty, accentuates the question of evaluative criteria as discussed in legal and political philosophy. In reference to observed authority structures, the majority outcome in large panels is suggested as a benchmark, making possible a study of the link between (finite, real-world) mechanism choice.
By drawing out the implications of the methodology debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal.
My central interest has long been decision making in the presence of epistemic uncertainty. Coming from law, i have built outward from legal fact-finding to build a general theory of evidence and proof. But, that theory is a huge subject, and introducing it is a real challenge.
Epistemic relativism is the view that what is true, rational, or justified for one person need not be true, rational, or justified for another person. Epistemic relativists therefore assert that while there are relative facts about truth, rationality, justification, and so on, there is no perspective-independent fact of the matter.
Whether belief in scientific theories is ever justified, it would not help ' naturalism in epistemology and the philosophy of law' (hereafter and probably many others – seemingly took for granted that if there was uncertain.
Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political right.
In most applications of the epistemic argument, long-run uncertainty is not the relevant language. We wonder if we have the correct moral theory in the first place tional democracy and the rule of law, as opposed to dictatorship.
Glass, arthur --- epistemic uncertainty and legal theory by brian burge-hendrix [2009] unswlawjl 57; (2009) 32(3) unsw law journal 1082.
Disagreement, 23 legal theory 203 (2017) (introducing a normative assumption lawyer, judge, and law teacher believes that some degree of uncertainty.
Finally, it defines officials as epistemic subjects and, in so doing, renders them moral i argue, that is, that dominant legal theory prohibits radical discourse. Rules suffers from three defects uncertainty, stasis and inefficien.
Epistemic uncertainty and legal theory by brian burge-hendrix (aldershot, uk: ashgate publishing limited, 2008).
Truth-values, uncertainty, and ill-known sets the confusion between gradualness and uncertainty pervading fuzzy set theory a variant of a confusion between truth values and belief degrees in logic. • truth is in some sense objective (a representation convention); belief is a higher order construct (subjective, epistemic).
Sep 5, 2019 in legal theory, this turn of phrase is typically given a probabilistic in light of this, i argue, attempts to undermine any epistemic theory by appeal to the law are unlikely to succeed.
The concept of a theory of uncertainty is useful in analyzing the nonmonotonic inferences important in legal factfinding. The role of theories of uncertainty in warranting nonmonotonic inferences factfinding in a legal context has, as a principal goal, an epistemic objective: the generation of findings that are accurate.
We already have a unified uncertainty theory conceptualising, representing and describing epistemic uncertainties in risk analysis by nonlinear or time varying dynamics, thus furthering the complexity of the governing laws involve.
The recent study, funded by the nuffield foundation, focused on people’s reactions to epistemic uncertainty: things we don’t know about the past and present but in theory could come to know.
In judgment extremity under epistemic versus aleatory uncertainty reflect differences in most theories of judgment and decision-making construe uncertainty as a unitary construct.
This produces a discontinuity that cannot be eliminated by making relevant legal and moral categories more scalar—resulting in non-epistemic uncertainty. Keywords: binary decision making law prospect theory repugnant conclusion uncertainty vagueness.
The case study illustrates the proposed methodology and the corresponding discussions show that the uncertainty theory contributes to more stable reliability evaluation than probability theory when quantifying the epistemic uncertainty, and the influence of the material scatter on fatigue reliability should be emphasized.
Or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of timation for epistemic uncertainty, the second-order probability approach becomes interval methods, with some discussion of evidence.
Download epistemic uncertainty and legal theory books, crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of canada and the united states - as well as cases in constitutional adjudication.
Modern uncertainty theories based on convex sets of probabilities are known to be instrumental for hybrid representations where aleatory and epistemic.
To uncertainty quantification simply follows the laws of probability in statistical decision theory, an admissible decision rule.
To handle epistemic uncertainty under data shortcoming [9, 10], namely: interval arithmetic, fuzzy sets [11] and dempster-shafer theory (dst), also known as evidence theory [12]. In this paper the dst is used to address parameter uncertainty in ft quantification.
Other disciplines have developed to manage epistemic uncertainty, that is 8 bruno de finetti, theory of probability: a critical introductory treatment (new york, 1974). The input variables and the laws of probability together cons.
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