Medico-Legal Evidence

BMJ ◽  
1867 ◽  
Vol 2 (361) ◽  
pp. 492-494
Author(s):  
S. M. Macswiney
Keyword(s):  
Legal Evidence

Empirical Evidence About Legal Evidence

1982 ◽  
Vol 27 (7) ◽  
pp. 535-536
Author(s):  
Lawrence S. Wrightsman
Keyword(s):  
Empirical Evidence ◽  
Legal Evidence

Building Bayesian networks for legal evidence with narratives: a case study evaluation

2014 ◽  
Vol 22 (4) ◽  
pp. 375-421 ◽  
Author(s):  
Charlotte S. Vlek ◽  
Henry Prakken ◽  
Silja Renooij ◽  
Bart Verheij
Keyword(s):  
Bayesian Networks ◽  
Legal Evidence ◽  
Study Evaluation

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

Philosophical Foundations of Evidence Law

2021 ◽  
Author(s):  
Christian Dahlman ◽  
Alex Stein ◽  
Giovanni Tuzet
Keyword(s):  
Evidence Theory ◽  
Common Interest ◽  
Rational Beliefs ◽  
Philosophical Foundations ◽  
Legal Evidence ◽  
The Core ◽  
Theoretical Approaches ◽  
Evidence Law ◽  
Core Issues ◽  
The Bayesian Approach

Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law.

scholarly journals Iudex qui iuravit sibi non liquere

1996 ◽  
Vol 39 (3-4) ◽  
pp. 215-226
Author(s):  
Jan Zabłocki
Keyword(s):  
Social Status ◽  
Moral Character ◽  
Ancient Rome ◽  
Legal Evidence ◽  
Aulus Gellius ◽  
Full Knowledge ◽  
The Law

In the 2nd century B.C. in ancient Rome it was not required of the judges that they were conversant with the law. Every Roman citizen who had certain social status could be enroled on album iudiciorum selectorum. In The Attic Nights (Gell. 14.2) Gellius describes how after being chosen by the paetors among the iudices he sought texts in Greek as well as Latin on duties of a judge. But in complicated cases and in doubts engendered by conflicting opinions, such books simply could not help him. Aulus Gellius mentions one problem that was presented to him and that was a real conundrum. Namely a sun of money was claimed before him which was said to have been paid and counted out (pecunia non numerata) but the plaintiff did not support his case by witness, relying only on slender arguments. However, it was clear that he was on unimpeachable moral character while the defendant had a questionable reputation and was often convicted of mendacity, full of treachery and fraud. Since Gellius did not want to reach verdict precipitately, he consulted some friends of great legal experience. They had no doubt that the defendant should be acquitted and that it was no use retarding the proceedings since the plaintiff could not produce the legal evidence required (either expensilatio, mensae rationes, chirographum, tabulae obsignatae or testes). But Gellius knew well that if he had returned a verdict of not guilty, the plaintiff would have been subject to iudicium de calumnia. Therefore author of The Attic Nights didn’t feel satisfied and consulted Favorinus, a well-know philosopher. The latter proceeded to discuss various aspects of a judge’s function. He pondered, for instance, whether a judge should reach to verdict on the basis of his full knowledge or only in accordance with what has been brought up during the trial. In the end Favorinus advised Gellius a decision in favour of the plaintiff on the ground of his creditable character. Nevertheless Gellius could not make up his mind and accordingly took oath mihi non liquere and in that way he was relieved from rendering a decision.

Computer Printouts as Legal Evidence

EDPACS ◽  
2008 ◽  
Vol 38 (4) ◽  
pp. 1-11
Author(s):  
Edward H. Freeman
Keyword(s):  
Legal Evidence

PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT

2015 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
Nurwati SH., MH.
Keyword(s):  
Moving Objects ◽  
Legal Aspects ◽  
The Other ◽  
Legal Evidence ◽  
Other Hand ◽  
Credit Guarantees ◽  
Legal Security ◽  
Debt Collection ◽  
The Right ◽  
Direct Execution

ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists.  There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover.  Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors

Argument Structure Models and Visualization

2009 ◽  
pp. 75-82 ◽  
Author(s):  
Ephraim Nissan
Keyword(s):  
Artificial Intelligence ◽  
Argument Structure ◽  
Intelligent Systems ◽  
Computational Models ◽  
Ad Hoc ◽  
Wide Spectrum ◽  
Tutoring Systems ◽  
Computer Tools ◽  
Legal Evidence ◽  
Visualization Tools

In order to visualize argumentation, there exist tools from multimedia. The most advanced sides of computational modeling of arguments belong in models and tools upstream of visualization tools: the latter are an interface. Computer models of argumentation come in three categories: logic-based (highly theoretical), probablistic, and pragmatic ad hoc treatments. Theoretical formalisms of argumentation were developed by logicists within artificial intelligence (and were implemented and often can be reused outside the original applications), or then the formalisms are rooted in philosophers’ work. We cite some such work, but focus on tools that support argumentation visually. Argumentation turns out in a wide spectrum of everyday life situations, including professional ones. Computational models of argumentation have found application in tutoring systems, tools for marshalling legal evidence, and models of multiagent communication. Intelligent systems and other computer tools potentially stand to benefit as well. Multimedia are applied to argumentation (in visualization tools), and also are a promising field of application (in tutoring systems). The design of networks could potentially benefit, if communication is modeled using multiagent technology.

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