Thought Experiments in Criminal Trial

Author(s):  
Sergio Novani
2015 ◽  
pp. 123-140 ◽  
Author(s):  
O. Koshovets ◽  
T. Varkhotov

The paper considers the analogy of theoretical modeling and thought experiment in economics. The authors provide historical and epistemological analysis of thought experiments and their relations to the material experiments in natural science. They conclude that thought experiments as instruments are used both in physics and in economics, but in radically different ways. In the natural science, a thought experiment is tightly connected to the material experimentation, while in economics it is used in isolation. Material experiments serve as a means to demonstrate the reality, while thought experiments cannot be a full-fledged instrument of studying the reality. Rather, they constitute the instrument of structuring the field of inquiry.


2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.


Author(s):  
David Colaço ◽  
Wesley Buckwalter ◽  
Stephen Stich

Sign in / Sign up

Export Citation Format

Share Document