Concept tag
#legal-reasoning
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Outside a courtroom, who should carry the burden of proof?
In court the burden of proof is fixed by rules. In a criminal case the prosecution must prove guilt beyond reasonable doubt; in a civil case the claimant must win on the balance of probabilities. Islamic law has a well-known maxim to…
Started by Hamza Qureshi6 replies -
Every legal code I know contradicts itself somewhere, and courts still function
Every legal system I know contains provisions that conflict: a later statute that cuts across an earlier one, a general rule and a specific exception that both seem to apply, a constitutional provision in tension with an ordinary law. If classical logic…
Started by Hamza Qureshi5 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