A DISCOURSE ON LEGAL EVIDENCE
Authors/Creators
- 1. Department of Philosophy, University of Uyo, Nigeria
Description
Abstract: The words “reason”, “cause” and “evidence” are frequently used throughout with premise of an argument and can therefore be applied in specific contexts to reflect different interests, such as historical, logical, philosophical, religious and legal. Just as using one word to stand for many things can encounter problems, so may it be in using many words to stand for one thing. It is possible to bracket our controversies by relying on context. Sometimes our use of words depends on the domain of enquiry or the prevailing paradigm in the social world, which thus implies that different types of argument are involved requiring different kinds of evidence. Legal problems involving reference to evidence cut across all areas of human endeavor using arguments, and the persuasiveness of law lies in the idiosyncrasies of legislators. Logicians see arguments as relation between evidence and conclusion. Since evidence is to be seen as fact in the legal world it is subject to the controversy surrounding the bivalence of truth and falsity. We more generally refer to our evidence as “reason” that may require validation. The problem of dealing with evidence is not so much that of meaning but that of its nature and application to thought. It concerns relativism against the need for universalism. Legal arguments can sometime be so complicated, based on the kind of evidence they require. They are concerned with thinking about rationality, causation, proof and justification. It is belief that globalisation of evidence is necessary to enhance justice throughout the world. This study will clarify the concept of evidence, classify and present it, and more importantly, give the concept and its application a global look.
Keywords: Reason; Cause; Evidence.
Title: A DISCOURSE ON LEGAL EVIDENCE
Author: Cyril A. Etim, Emmanuel E. Ette
International Journal of Recent Research in Social Sciences and Humanities (IJRRSSH)
ISSN 2349-7831
Vol. 9, Issue 2, April 2022 - June 2022
Page No: 263-278
Paper Publications
Website: www.paperpublications.org
Published Date: 24-June-2022
DOI: https://doi.org/10.5281/zenodo.6721563
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https://www.paperpublications.org/upload/book/A%20DISCOURSE%20ON%20LEGAL%20EVIDENCE-24062022-2.pdf
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- Journal article: 2349-7831 (ISSN)
References
- [1] Godfrey Ozumba,A Concise Introduction to Epistemology,(Calabar: Jochrisan Publishers, 2001), p.99.
- [2] Robert Audi Cambridge Dictionary of Philosophy.(Cambridge: University Press,1999),p.774.
- [3] Ibid, p.5.
- [4] Chris. Ijiomah,ModernLogic: A Systematic Approach to the StudyofLogic.(Owerri: A.P. Publications 1995), p.26
- [5] Ibid, p.11.
- [6] Op. Cit, no.1, p.99.
- [7] Donald Davidson, "Actions, Reasons and Causes." In Journal of Philosophy, Vol. LX, no.23, November 1963, pp.1-5
- [8] Roger Bird, A Concise Law Dictionary, 2ed. (London: Sweet and Maxwell, 1983), p.137.
- [9] See: Justification in op. cit, no.2, p.395.
- [10] Op. Cit, no.2, p.677.
- [11] John Rawls, "Potential Liberation." In M.D.A. Freeman (ed.), Lloyd's Introduction to Jurisprudence, 7ed. (London: Sweet & Maxwell, 2001), pp.578-588
- [12] Immanuel Kant,The Ground Work of Metaphysics of Morals. Trans. with an Introduction by H.J. Paton, London: Hutchinson University Library, 1948), pp.42-48
- [13] The belief that a proposition is either true or false is still contestable, as scholars contend that value propositions lack these characteristics.
- [14] Simon Blackburn,Oxford Dictionary of Philosophy(Oxford: University Press, 1996), p.321.
- [15] Ibid.
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