Grounding legal proof

2021 ◽  
Author(s):  
Michael S. Pardo
Keyword(s):  
Legal Proof

PENERAPAN PROSEDUR MEDIASI DALAM PENYELESAIAN SENGKETA WAKAF DI PENGADILAN AGAMA

2018 ◽  
Vol 1 (1) ◽  
pp. 21-36
Author(s):  
Syufaat Syufaat
Keyword(s):  
Social Dimension ◽  
Mediation Process ◽  
Mutual Trust ◽  
Mediation Model ◽  
The Public ◽  
Spiritual Dimension ◽  
The People ◽  
The Social ◽  
Legal Proof ◽  
Religious Courts

Waqf has two dimensional meaning; the spiritual dimension that is taqarrub to Allah and the social dimension as the source of Islamic financial for the welfare of the people. Waqf disputes can be caused by several reasons; waqf land is not accompanied with a pledge; waqf is done on the basis of mutual trust so it has no legal proof and ownership. Currently, the choice to use the court is less effective in resolving disputes. Hence, the public ultimately chooses non-litigation efforts as a way to resolve the disputes. Mediation process is preferred by many as it is viewed to be the fairest way where none of the two parties wins or loses (win-win solution). It is also fast and cheap. This study is intended to examine how to solve waqf dispute with mediation model according to the waqf law, and how the application of mediation in the Religious Courts system

scholarly journals A Politics of Prosecution: The Conviction of Wonnerwerry and the Exoneration of Jerry Durack in Western Australia 1898

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Mark Finnane
Keyword(s):  
Western Australia ◽  
Criminal Law ◽  
Historical Reconstruction ◽  
Colonial Society ◽  
Subsequent Trial ◽  
Australian History ◽  
Legal Proof

In 1901 one of the pioneering Durack family was killed on the verandah of his cattle station homestead in the East Kimberley region of Western Australia. In a subsequent trial two young Aboriginal men were tried for his murder. Three years earlier the murdered man had himself been charged, though never tried, with the murder of an Aboriginal man. Connecting these two homicides was work best avoided when writing the pioneer legend of Australian history, but is inescapable when seeking to appreciate the ambition and limits of criminal law in a colonial society, the task of this article. At the same time, the evidentiary demands of historical reconstruction prove as challenging as those of legal proof when faced with the task of understanding what was in the minds of those actors, settlers and Indigenous, more than a century ago.

LEGAL PROOF AND FACT FINDERS' BELIEFS

Legal Theory ◽  
2006 ◽  
Vol 12 (4) ◽  
pp. 293-314 ◽  
Author(s):  
Jordi Ferrer Beltrán
Keyword(s):  
Theoretical Analysis ◽  
Mental States ◽  
Procedural Law ◽  
Legal Proof ◽  
Joint Assessment

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.

Coherence in Legal Evidence

2021 ◽  
pp. 231-248
Author(s):  
Amalia Amaya
Keyword(s):  
Constraint Satisfaction ◽  
Evidential Reasoning ◽  
Narrative Coherence ◽  
Coherent Systems ◽  
Legal Evidence ◽  
Structural Coherence ◽  
Fact Finding ◽  
Legal Proof ◽  
Legal Fact

This chapter discusses the concept of coherence and its role in evidential reasoning in law. It examines three main approaches to coherence, namely, structural coherence, narrative coherence, and coherence as constraint satisfaction, and argues that coherence as constraint satisfaction provides an account of the kind of coherence that is relevant to legal fact-finding that is both descriptively adequate and normatively appealing. Next, it addresses some problems concerning the relation between coherence and inference, coherence and virtue, and coherence and truth in the context of legal factfinding. More specifically, it examines three main objections facing a coherentist account of inference, i.e., conservatism, circularity and unfeasibility, and conceptualizes it as an explanatory kind of inference. Then, it articulates a problem that has not been traditionally discussed in the coherentist literature, to wit, the coherence bias, and argues that virtue coherentism has the resources to effectively counteract it. Last, it defends the coherentist approach to evidence and legal proof against three objections that put into question the truth-conduciveness of coherence, namely, the isolation or input objection, the alternative coherent systems objection, and the truth objection. The chapter concludes by suggesting some avenues for further research on coherence, evidence, and legal proof.

Inference to the Best Explanation, Relative Plausibility, and Probability

2021 ◽  
pp. 201-214
Author(s):  
Ronald J. Allen ◽  
Michael S. Pardo
Keyword(s):  
Hard Science ◽  
Legal Proof ◽  
The One ◽  
Practical Implications

In many areas of life, from hard science to managing one’s everyday affairs, explanatory considerations help to guide inference. From the fact that some proposition would explain a given phenomenon we infer that the proposition is true. And when several propositions may explain a given phenomenon we infer the one that best explains it. Inferences all share the same structure, typically referred to as “abduction” or “inference to the best explanation.” Because legal proof falls somewhere between science and managing one’s everyday affairs, it should perhaps not be surprising that the juridical proof process involves similar inferential practices. This chapter juxtaposes an explanation-based account of juridical proof against different probability accounts, develops an argument about the descriptive superiority of the explanation-based account over its competitors, and sets forth the theoretical and practical implications of this argument.

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