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“But for the defendant’s act”: thirty-one years of counterfactuals from the courtroom
For three decades I reported on judgments that turned on sentences of the form "had the accused not done X, the deceased would not have died". I never asked what such a sentence is. It cannot be checked: the accused did do…
Started by Khalid Mahmood Awan5 replies -
Qiyās, kal va-chomer and legal analogy: defeasible reasoning with centuries of rules
The reasoning I heard most often from the bench, in all my years in court, was neither deduction nor statistics. It was analogy: this case resembles that one in the respect that matters, so it should be decided the same way. Islamic…
Started by Khalid Mahmood Awan5 replies