Evidence and Truth

2021 ◽  
pp. 11-24
Author(s):  
Hock Lai Ho

This chapter interrogates the traditional—but not universally accepted—view that trials aim primarily at determining the truth of disputed propositions of fact, and that evidentiary rules ought to promote the realization of that goal. Truth is said to be a prerequisite for “rectitude of decision”—an objective only realized when courts correctly combine substantive law with true facts. The author examines this view by addressing the following questions: what do we mean by “truth” in the present context? Is truth the aim of a trial? What other roles or functions might the concept of truth have? How is truth related to justice? If the trial is a system for ascertaining the truth, how should evidentiary rules be designed?

2020 ◽  
Vol 28 (4) ◽  
pp. 657-676
Author(s):  
Constance Gikonyo

Criminal forfeiture is an asset confiscation mechanism used to seize benefits gained from an offence that one is convicted of. In Kenya, the Proceeds of Crime and Anti-Money Laundering Act provides the facilitating legislation. The present state of the regime's underutilisation prompts an examination of the substantive law and procedure provided in this statute. The analysis indicates that the provisions are technical in nature and the process is systematic. This ensures that a procedurally and substantively fair process is undertaken, in keeping with constitutional provisions. Nonetheless, identified challenges, including the complex nature of the provisions, translate to unclear interpretation and consequently ineffective implementation. This state of affairs is reversible through increased understanding of the criminal forfeiture provisions and their operation. This can potentially lead to an upsurge in its use and facilitate depriving offenders of criminal gains, removing the incentive for crime and reducing proceeds available to fund criminal activities.


This book opens a cross-regional dialogue and shifts the Eurocentric discussion on diversity and integration to a more inclusive engagement with South America in private international law issues. It promotes a contemporary vision of private international law as a discipline enabling legal interconnectivity, with the potential to transcend its disciplinary boundaries to further promote the reality of cross-border integration, with its focus on the ever-increasing cross-border mobility of individuals. Private international law embraces legal diversity and pluralism. Different legal traditions continue to meet, interact and integrate in different forms, at the national, regional and international levels. Different systems of substantive law couple with divergent systems of private international law (designed to accommodate the former in cross-border situations). This complex legal landscape impacts individuals and families in cross-border scenarios, and international commerce broadly conceived. Private international law methodologies and techniques offer means for the coordination of this constellation of legal orders and value systems in cross-border situations. Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions in Europe and South America, this edited collection focuses on the connective capabilities of private international law in bridging and balancing legal diversity as a corollary for the development of integration. The book provides in-depth analysis of the role of private international law in dealing with legal diversity across a diverse range of topics and jurisdictions.


2006 ◽  
Vol 8 (1) ◽  
pp. 161-170 ◽  
Author(s):  
Jaap Bos

This paper is an invited response to Peter Rudnytsky's ‘Guardians of truth’ article. Taking issue with what are presented as fundamental theoretical and methodological caveats, this article discusses the question of when and how differing discourses on the history of psychoanalysis may or may not be compatible. In particular the author questions the validity of a concept of truth as defined from within a field of knowledge, to arrive at definitions of discourse and dialogue that can be useful to acquire new forms of knowledge.


2008 ◽  
Vol 2 (2) ◽  
pp. 157-170 ◽  
Author(s):  
Ayesha Siddiqua Chaudhry

This paper surveys the contemporary approaches to the problems of conscience raised by the verse, exploring modes of resolving the issues that arise when believing Muslims approach the verse and find its apparent meaning to violate their pre-existing notions of justice, notions which are partly informed the by the Qur'anic text itself. It finds that the prescription of 'hitting' one's wife, as the last of three mitigating directives when dealing with a woman who embodies the quality of "nushuz", creates a moment of interruption in the relationship between the believer and text. Contemporary scholars engage both text and historical precedent in the present context when (re)interpreting Qur'an 4:34 and the relative weight given to text and precedent determines the conclusions of individual arguments.


Author(s):  
Arun Kumar L.S

International business is essential for the countries to generate Economic growth or to increase in exports and reduce in imports, it encompasses all commercial and economic activities between the nations to promote the ideas, resources, transfer the goods and services, technologies across the national borders. In every country has limited resources therefore a country cannot produce all the goods and services that it requires. The present context of the world, there is imbalance in production and supply factors due to Covid-19 pandemic, which has resulted in market imbalances (demand and supply). The world economy has been hit hard by the ongoing Covid-19 pandemic, as on June end more than ten 10 million people around the globe had been affected by this pandemic, India, USA and others are worst hit countries with decrease in GDP (Gross Domestic Product) and increase in unemployment rate. It may be useful to also note that prolonged lockdowns will eventually imply production shortfalls, may lead to increase in unemployment; decrease in demand for products, slowly running out stocks. In recent forecast of World Trade Organisation (WTO) indicated a clear fall in world trade between 13 per cent and 32 per cent in 2020, perhaps the highest fall since the Great Depression of 1930s. India and world can overcome the challenges by specific government fiscal and monetary policies, by providing economic relief packages and increase in employment opportunities by digitalisation in all the sectors of the economy to increase in accountability, convenience, and gross production, and investment, job security to casual labours or migrant workers. These factors may change the world present situation to productive or welfare economy. The purpose of the research paper is to explain Economic and Business crisis, due to covid-19 in present situation in India and the world. KEY WORDS: C0VID-19, GDP, ECONOMY and GLOBAL CRISIS.


2020 ◽  
Vol 26 (11) ◽  
pp. 1191-1205 ◽  
Author(s):  
Ranjit K. Harwansh ◽  
Shiv Bahadur ◽  
Rohitas Deshmukh ◽  
Md. A. Rahman

: Breast cancer (BC) is a multifactorial disease and becoming a major health issue in women throughout the globe. BC is a malignant type of cancer which results from transcriptional changes in proteins and genes. Besides the availability of modern medicines and detection tools, BC has become a topmost deadly disease and its cure still remains challenging. Nanotechnology based approaches are being employed for the diagnosis and treatment of BC at clinical stages. Nanosystems have a significant role in the study of the interaction of malignant cells with their microenvironment through receptor-based targeted approach. Nowadays, lipid-based nanocarriers are being popularized in the domain of pharmaceutical and medical biology for cancer therapy. Lipidic nanoparticlized systems (LNPs) have proven to have high loading efficiency, less toxicity, improved therapeutic efficacy, enhanced bioavailability and stability of the bioactive compounds compared to traditional drug delivery systems. In the present context, several LNPs based formulations have been undertaken in various phases of clinical trials in different countries. This review highlights the importance of chemotherapeutics based lipidic nanocarriers and their anticipated use for the treatment of BC. Furthermore, the clinical trials and future prospective of LNPs have been widely elaborated.


Author(s):  
William E. Nelson

This volume begins where volumes 2 and 3 ended. The main theme of the four-volume project is that the law of America’s thirteen colonies differed profoundly when they first were founded, but had developed into a common American law by the time of the Revolution. This fourth volume focuses on what was common to the law of Britain’s thirteen North American colonies in the mid-eighteenth century, although it also takes important differences into account. The first five chapters examine procedural and substantive law in colonies and conclude that, except in North Carolina and northern New York, the legal system functioned effectively in the interests both of Great Britain and of colonial localities. The next three chapters examine changes in law and the constitution beginning with the Zenger case in 1735—changes that ultimately culminated in independence. These chapters show how lawyers became leading figures in what gradually became a revolutionary movement. It also shows how lawyers used legal and constitutional ideology in the interests, sometimes of an economic character, of their clients. The book thereby engages prior scholarship, especially that of Bernard Bailyn and John Phillip Reid, to show how ideas and constitutional values possessed independent causal significance in leading up to the Revolution but also served to protect institutional structures and socioeconomic interests that likewise possessed causal significance.


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