Refugee law's fact-finding crisis : truth, risk, and the wrong mistake /
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Author / Creator: | Cameron, Hilary Evans, 1975- author. |
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Imprint: | Cambridge [UK] ; New York, NY : Cambridge University Press, 2018. |
Description: | 1 online resource |
Language: | English |
Subject: | |
Format: | E-Resource Book |
URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/12576226 |
Table of Contents:
- Cover; Half-title page; Title page; Copyright page; Dedication; Contents; Acknowledgements; Introduction; Part I; 1 The Wrong Mistake; The Traditional Economic Approach; A Psychologically Founded Theory; A Comparative Study; The Wrong Mistake in the Criminal Law; The Wrong Mistake in the Civil Law; Conclusion; Part II; 2 Setting the Scene; At the Refugee Board; At the Federal Court; The Case Study: Method and Findings; 3 The Wrong Mistake: Sending a Refugee Home; Wrongly Disbelieving the Claimant; The Claimant's Testimony; The Claimant's Conduct; Troubles Getting Evidence
- Overlooking Objective DangerDenying Claims on Procedural Grounds; Conclusion; 4 Resolving Doubt in the Claimant's Favour; The Burden of Proof; Standards of Proof; The 'Well-foundedness' Threshold: How Much Risk Is Risk Enough?; The State Protection Threshold: How Much Protection Is Enough Protection?; Presumption of Truthfulness; In Civil and Administrative Law Generally; Within Refugee Law; Conclusion; 5 The Wrong Mistake: Accepting an Unfounded Claim; Refugee Claimants Are Ordinary Litigants; Acting Rationally and Responsibly within the Hearing Process
- Acting Rationally and Responsibly outside of the Hearing ProcessThe Member is an Ordinary Decision-maker; Judging Demeanour; Judging Plausibility; Conclusion; 6 Resolving Doubt at the Claimant's Expense; The Burden of Proof; Standards of Proof; The 'Well-foundedness' Threshold: How Much Risk Is Risk Enough?; The State Protection Threshold: How Much Protection Is Enough Protection?; Presumptions; The Presumption of State Protection; The Presumption of Truthfulness; Conclusion; 7 In the Hearing Room; Conflicting Standards of Proof; Permissible Inferences: Rational Action and Memory; Conclusion
- Part III8 A Way Forward; The Wrong Mistake in International Refugee Law; The Principle of Non-refoulement; Refugee Status Determination Is Declaratory; The Duty to Resolve Doubt in the Claimant's Favour; The Karanakaran Approach; Traditional Common Law Legal Theory: Truth-Seeking and Inductive Inference; Karanakaran: Risk Assessment and Inference to the Best Explanation; Abductive Reasoning; Refugee Status Determination as an Abductive Risk Assessment; Explanation in a Refugee Hearing: Theory and Counter-theory; Josephson on 'the Best Explanation'; Conclusion; Index