LEGAL PROOF AND FACT FINDERS' BELIEFS

Legal Theory ◽  
2006 ◽  
Vol 12 (4) ◽  
pp. 293-314 ◽  
Author(s):  
Jordi Ferrer Beltrán

In procedural-law scholarship as well as in the theoretical analysis of the notion of proof as a result of the joint assessment of all items of evidence introduced in a trial, reference is frequently made to notions such as the conviction, belief, or certainty of a judge or a jury member about what happened. All these notions underscore the mental states involved in the process of determining the facts on the part of a judge or a jury. In this analysis, I look at the links between beliefs and the justification in the findings of fact provided by the judge or jury in her or its verdict.

2021 ◽  
Vol 11 (3) ◽  
pp. 132-152
Author(s):  
V.G. GOLUBTSOV

The theoretical analysis of the features of the application of the norms of civil procedural law over time in the modern agenda is given, it seems undeservedly, insufficient attention. Despite the fact that the operation of legislation in time and space is the basis of theoretical constructions in law, and law enforcement constantly operates with these categories, in the theory of procedural law in this part there is no complete clarity, as well as there is no system of interrelated established views on a number of individual topical issues related to temporality. Not limited to the problem of reversibility/irreversibility of the operation of the law, which is generally accepted in the theory of law, the author addresses the logical and epistemological boundaries of the concept of “change of civil procedural law”, analyzes extraordinary cases of changes in legislation, examines the criterion “the moment of the commission of procedural actions”. In conclusion, the author notes that the same normative act of civil procedural law may have not one, but several temporal characteristics. Variants of this multiplicity may be different. However, in the science of civil procedural law they are not actually studied.


2019 ◽  
Vol 1 (1) ◽  
pp. 33-46
Author(s):  
Pandoe Pramoe Kartika

The writing of this scientific work is motivated by the difficulty of legal institutions such as the court in carrying out the verification of criminal cases related to Electronic Data. Evidence is fundamental in every criminal case. Therefore, evidence becomes a very decisive thing whether or not a person is convicted. However, the Criminal Procedure Code as a formal law in Indonesia, has not regulated electronic evidence as a legal evidence. The research method used is normative research using a statutory and analytical approach, while data collection through literature studies and interviews and qualitative descriptive data analysis. The results of the study indicate that proof of the ITE Law is lex specialis, because the ITE Law regulates everything that is more specific in the evidentiary law contained in the Criminal Procedure Code. The legal proof of electronic aspect as a legitimate evidence in the case of money laundering is regulated in Article 73 and with the enactment of the ITE Law, it is increasingly emphasized that electronic documentary evidence is a legitimate and recognized evidence in Indonesian procedural law. Penulisan karya ilmiah ini dilatar belakangi oleh sulitnya lembaga hukum seperti pengadilan dalam hal melaksanakan pembuktian perkara pidana yang berhubungan dengan Data Elektronik. Bukti merupakan hal mendasar dalam setiap perkara pidana. Oleh karena itu, alat bukti menjadi hal yang sangat menentukan dapat tidaknya seseorang dipidana. Namun, Kitab Undang-Undang Hukum Acara Pidana sebagai hukum formil di Indonesia, belum mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah. Metode penelitian yang digunakan adalah penelitian normatif dengan menggunakan pendekatan perundang-undangan dan analitis, sedangkan pengumpulan data melalui studi pustaka dan wawancara serta analisis data secara deskriptif kualitatif. Hasil kajian menunjukkan bahwa pembuktian pada UU ITE bersifat lex specialis, dikarenakan UU ITE mengatur segala sesuatu yang lebih spesifik dalam hukum pembuktian yang terdapat di dalam KUHAP. Aspek hukum pembuktian elektronik sebagai alat bukti yang sah dalam kasus tindak pidana pencucian uang diatur dalam Pasal 73 dan dengan diberlakukannya UU ITE semakin dipertegas bahwa alat bukti dokumen elektronik merupakan alat bukti yang sah dan diakui dalam hukum acara Indonesia.


Author(s):  
Alla Moskalova ◽  
Olga Vasiliga

The article provides a theoretical analysis of various approaches to studying the concept of "personal potential" of an individual as a psychological phenomenon. The paper analyzes the current state of research of different approaches to the study of the personal potential of the individual, in particular the psychological characteristics of medical professionals, and investigates the psychological features of the personal capacity of medical professionals and their impact on professional activity. The personal potential of the individual is analyzed through the prism of concepts of self-realization, integral system of individual psychological features, system of internal restorative resources and dynamic psychological system. An analysis of the work of Ukrainian psychologists on the problem of researching the personal potential of medical professionals is given. On the basis of theoretical analysis, the concept of personal potential of medical workers is operationalized through the notion of vital, personal meaning of professional activity. It clarifies the specificity of healthcare workers' professional activity in the context of healthcare reform and determines the importance of personal potential in it. The article also focuses on psychological characteristics of healthcare workers' personal potential and their impact on the professional activity. The article identifies the spheres of realization of medical workers in their professional activity through the purpose of activity, the pursuit of self-improvement, as well as through professional, psychological, unlocking their potential. The study determined the degree of motivational self-regulation, styles of self-regulation and self-esteem of mental states of health workers. The psychological peculiarities of the personality potential of the personality affecting the professional activity of medical workers are revealed. The main obstacles to the disclosure of the personal potential of health care workers have been identified. Based on the analysis, recommendations were made regarding the prospects of further research into the personal potential of healthcare professionals.


Author(s):  
Sarah Moss

Traditional philosophical discussions of knowledge have focused on the epistemic status of full beliefs. This book argues that in addition to full beliefs, credences can constitute knowledge. For instance, your .4 credence that it is raining outside can constitute knowledge, in just the same way that your full beliefs can. In addition, you can know that it might be raining, and that if it is raining then it is probably cloudy, where this knowledge is not knowledge of propositions, but of probabilistic contents. The notion of probabilistic content introduced in this book plays a central role not only in epistemology, but in the philosophy of mind and language as well. Just as tradition holds that you believe and assert propositions, you can believe and assert probabilistic contents. Accepting that we can believe, assert, and know probabilistic contents has significant consequences for many philosophical debates, including debates about the relationship between full belief and credence, the semantics of epistemic modals and conditionals, the contents of perceptual experience, peer disagreement, pragmatic encroachment, perceptual dogmatism, and transformative experience. In addition, accepting probabilistic knowledge can help us discredit negative evaluations of female speech, explain why merely statistical evidence is insufficient for legal proof, and identify epistemic norms violated by acts of racial profiling. Hence the central theses of this book not only help us better understand the nature of our own mental states, but also help us better understand the nature of our responsibilities to each other.


to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 565
Author(s):  
Hendri Jayadi Pandiangan

Abstract Proof is the act of proving that in general it has the same purpose, namely to provide certainty about the truth of an event. The act of proving in a trial is indeed used the notion of juridical proof, that is, proof in the court is not possible for logical and absolute proof, therefore in examining the evidence in the trial it is known as things that are close to the truth. But actually if it is analyzed more deeply in certain matters it can also happen that the evidence in the trial is logical and absolute. Proof in the practical order is a very important thing to test the truth or legal facts that actually occur. The Defendant’s fate in the trial at the Court was very much determined by the evidence that could be used as the basis for the judge in making a verdict against him. In such civil procedure, the fate of the parties, both the Plaintiff and the Defendant, is very much determined by the presentation of the evidence by the parties. The evidentiary difference in criminal procedure law and civil procedural law is that in the criminal proof the proof of system is “negatief wettelijk stelsel”, the system of verification according to the law negatively is a theory of a combination of a positive legal proof system with conviction-in time. Whereas the characteristic of civil proof is “audi et alterem partem”, the party who postulates that it must prove the argument.   Keywords: hukum pembuktian, hukum acara pidana, hukum acara perdata


Author(s):  
A. Gómez ◽  
P. Schabes-Retchkiman ◽  
M. José-Yacamán ◽  
T. Ocaña

The splitting effect that is observed in microdiffraction pat-terns of small metallic particles in the size range 50-500 Å can be understood using the dynamical theory of electron diffraction for the case of a crystal containing a finite wedge. For the experimental data we refer to part I of this work in these proceedings.


2001 ◽  
Vol 84 (7) ◽  
pp. 27-36
Author(s):  
Aki Yuasa ◽  
Daisuke Itatsu ◽  
Naoki Inagaki ◽  
Nobuyoshi Kikuma

1997 ◽  
Vol 2 (2) ◽  
pp. 118-124
Author(s):  
Geoffrey Hall

Patients who have undergone several sessions of chemotherapy for cancer will sometimes develop anticipatory nausea and vomiting (ANV), these unpleasant side effects occurring as the patients return to the clinic for a further session of treatment. Pavlov's analysis of learning allows that previously neutral cues, such as those that characterize a given place or context, can become associated with events that occur in that context. ANV could thus constitute an example of a conditioned response elicited by the contextual cues of the clinic. In order to investigate this proposal we have begun an experimental analysis of a parallel case in which laboratory rats are given a nausea-inducing treatment in a novel context. We have developed a robust procedure for assessing the acquisition of context aversion in rats given such training, a procedure that shows promise as a possible animal model of ANV. Theoretical analysis of the conditioning processes involved in the formation of context aversions in animals suggests possible behavioral strategies that might be used in the alleviation of ANV, and we report a preliminary experimental test of one of these.


2013 ◽  
Vol 44 (4) ◽  
pp. 271-277 ◽  
Author(s):  
Simona Sacchi ◽  
Paolo Riva ◽  
Marco Brambilla

Anthropomorphization is the tendency to ascribe humanlike features and mental states, such as free will and consciousness, to nonhuman beings or inanimate agents. Two studies investigated the consequences of the anthropomorphization of nature on people’s willingness to help victims of natural disasters. Study 1 (N = 96) showed that the humanization of nature correlated negatively with willingness to help natural disaster victims. Study 2 (N = 52) tested for causality, showing that the anthropomorphization of nature reduced participants’ intentions to help the victims. Overall, our findings suggest that humanizing nature undermines the tendency to support victims of natural disasters.


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