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Half-proof
Half-proof ''(semiplena probatio)'' was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof (''plena probatio'') needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such examples as a single witness or private documents. In cases where there was half-proof against a defendant, he might be allowed to take an oath as to his innocence, or he might be sent for torture to extract further evidence that could complete the burden of proof. Sir Matthew Hale, the leading late 17th-century English jurist, wrote: "The evidence at Law which taken singly or apart makes but an imperfect proof, ''semiplena probatio'', yet in conjunction with others grows to a full proof, like Silurus his twigs, that were easily broken apart, but in conjunction or union were not to be broken." However, the concept never became firmly established in English law. Voltaire claimed that the Parliam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medieval Roman Law
Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, ''Corpus iuris civilis'', it added many new concepts, and formed the basis of the later civil law systems that prevail in the vast majority of countries. Rediscovery of ancient Roman law Although some legal systems in southern Europe in the Early Middle Ages, such as the Visigothic Code, retained some features of ancient Roman law, the main texts of Roman law were little known until the rediscovery of the '' Digest'' in Italy in the late 11th century. It was soon apparent that the ''Digest'' was a massive intellectual achievement and that the assimilation of its contents would require much time and study. The first European university, the University of Bologna, was set up in large part with the aim of studying it. The era of the glossators The ancient Roman law texts were not very explicit about matters of principle, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state. Important topics in this field include the questions of what the nature of these mental states is, for example, whether they have to be propositional, and whether misleading mental states can still qualify as evidence. In phenomenology, evidence is understood in a similar sense. Here, however, it is limited to intuitive knowledge that provides immediate access to truth and is therefore indubitable. In this role, it is supposed to provide ultimate justifications for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suspicion (emotion)
Suspicion is a cognition of mistrust in which a person doubts the honesty of another person or believes another person to be guilty of some type of wrongdoing or crime, but without sure proof. Suspicion can also be aroused in response to objects that negatively differ from an expected idea. In the US, the courts use the term "reasonable suspicion" in connection with the right of the police to stop people on the street. The word comes from Middle-English via the Old French word "suspicion", which is a variation of the Italian word "sospetto" (a derivative of the Latin term "suspectio", which means "to watch"). History English philosopher, statesman, and author Francis Bacon (1561–1626) wrote an essay entitled ''Of Suspicion'', in which he stated that suspicions need to be repressed and well-guarded, because otherwise they will cloud the mind, and cause a ruler to move towards tyranny, due to the fear that his subjects are conspiring against him, and a husband to become jealous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glossator
The scholars of the 11th- and 12th-century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman law based on the '' Digesta'', the ''Codex'' of Justinian, the ''Authenticum'' (an abridged Latin translation of selected constitutions of Justinian, promulgated in Greek after the enactment of the ''Codex'' and therefore called ''Novellae''), and his law manual, the '' Institutiones Iustiniani'', compiled together in the ''Corpus Iuris Civilis''. (This title is itself only a sixteenth-century printers' invention.) Their work transformed the inherited ancient texts into a living tradition of medieval Roman law. The glossators conducted detailed text studies that resulted in collections of explanations. For their work they used a method of study unknown to the Romans themselves, insisting that contradictions in the legal material were only apparent. They tried to harmonize the sources in the conviction that for every legal questi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Azo (jurist)
Azo of Bologna or Azzo or Azolenus ( 1150–1230) was an influential Italian jurist and a member of the school of the so-called glossators. Born circa 1150 in Bologna, Azo studied under Joannes Bassianus and became professor of civil law at Bologna. He is sometimes known as Azo Soldanus, from his father's surname, and also Azzo Porcius (dei Porci), to distinguish him from later famous Italians named Azzo. He died circa 1230. Azo wrote glosses on all parts of the ''Corpus Iuris Civilis''. His most influential work is his ''Summa Codicis'', a commentary of the civil law organized according to the order of Justinian's Code. The ''Summa Codicis'', and , collected by his pupil, Alessandro de Santo Aegidio, and amended by Hugolinus and Odofredus, formed a methodical exposition of Roman law. As one of the very few medieval legal texts in Latin, the ''Summa Codicis'' has been translated into Old French. Azo's works enjoyed great authority among generations of continental lawyers, such tha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations. Torture has been carried out since ancient times. In the eighteenth and nineteenth centuries, Western countries abolished the official use of torture in the judicial system, but torture continued to be used throughout the world. A variety of methods of torture are used, often in combination; the most common form of physical torture is beatings. Since the twentieth century, many torturers have preferred non-scarring or psychological methods to provide deniability. Torturers are enabled by organizations that facilitate and encourage their behavior. Most victims of torture are poor and marginalized people suspected of crimes, although torture against political prisoners or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Matthew Hale (jurist)
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Voltaire
François-Marie Arouet (; 21 November 169430 May 1778) was a French Age of Enlightenment, Enlightenment writer, historian, and philosopher. Known by his ''Pen name, nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—especially Criticism of the Catholic Church, of the Roman Catholic Church—and of slavery. Voltaire was an advocate of freedom of speech, freedom of religion, and separation of church and state. Voltaire was a versatile and prolific writer, producing works in almost every literary form, including stageplay, plays, poems, novels, essays, histories, and scientific Exposition (narrative), expositions. He wrote more than 20,000 letters and 2,000 books and pamphlets. Voltaire was one of the first authors to become renowned and commercially successful internationally. He was an outspoken advocate of civil liberties and was at constant risk from the strict censorship laws of the Catholic French monarchy. His polemics ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Toulouse
The Parliament of Toulouse (french: Parlement de Toulouse) was one of the ''parlements'' of the Kingdom of France, established in the city of Toulouse. It was modelled on the Parliament of Paris. It was first created in 1420, but definitely established by edicts in 1437 and 1443 by Charles VII as an appellate court of justice on civil, criminal and ecclesiastic affairs for the Languedoc region, including Quercy, the County of Foix and Armagnac. It was the first provincial ''parlement'', intended to administer the Occitan-speaking south of France, and it gained in prestige both by its distance from Paris and from the differences between southern France's legal system (based on Roman law) and northern France's. After the Parliament of Paris, the Parliament of Toulouse had the largest jurisdiction in France. Its purview extended from the Rhône to the Atlantic Ocean and from the Pyrénées to the Massif Central, but the creation of the Parliament of Bordeaux in 1462 removed from i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
