Search

The current standard of criminal procedural law of Georgia, along with the danger of illegally copying information obtained from electronic means of communication, envisages collecting such information in the hands of a professionally interested body, which is naturally a big challenge for criminal procedural law. The reason for this is the important fact that the information obtained by the investigation in this way is used as electronic evidence during the substantive consideration of the case in court. Accordingly, the case concerns information that the court must rely on in making a decision “beyond a reasonable doubt standard”. Thus, when deciding the fate of the accused, it is especially important that there are no doubts regarding the legality, truthfulness and inviolability of such evidence. The above-mentioned is particularly noteworthy in the circumstances when the above-mentioned approach, according to European human rights jurisprudence, is incompatible with the right to respect for private life protected by Article 8 of the European Convention.

In this paper, we argue that the systems Basic Logic of Evidence (BLE) and Logic of Evidence and Truth (LETJ) suffer a kind of semantic incompleteness with respect to the informal notion of evidence. More especifically, we argue that the connective o of the logic LETJ fails to validate intuitive principles about conclusive evidence.

At the beginning of the COVID-19 pandemic, scientific literature published research about the presence of hoaxes and evidence in diverse social media, with a huge scientific and social impact. The main results showed that while in Western social media like X there was more false information and less scientific evidence than in the Chinese platform Weibo, but scientific evidence was more retweeted than hoaxes. This research allowed the identification of social activists for science in the social media, who multiplied their impact when scientists provided them with evidence. Mpox clade 1b outbreak, which has now been declared a global public health emergency by WHO, requires a fast reaction from science, already taking place. This article analyzes information disseminated in X and Weibo about mpox. 3089 messages published between 12 and 16 of August 2024 have been analyzed. The results show that while hoaxes around mpox are prevalent in social media, posts containing scientific evidence do receive more interaction. Such findings contribute to the understanding of the health crisis and underscore the need for health authorities to join efforts with citizens to co-create evidence-based communication strategies.

L’objectif de cette contribution est de réfléchir au carré de la véridiction à la lumière des formes d’hybridation que présente le régime contemporain de post-vérité. Nous considérerons en particulier deux éléments qui n’ont pas été suffisamment discutés jusqu’à présent : la catégorie de non-pertinence et le rôle des codes culturels dans la définition des régimes de vérité. La proposition théorique suivante vise à intégrer ces éléments dans le carré de la véridiction pour le rendre plus complexe, dans la conviction qu’il reste un précieux outil d’articulation conceptuelle.

This article explores what ‘plausible’ means in statements about legal evidence and shows that it is highly ambiguous. Twelve different meanings of ‘plausibility’ are identified and distinguished from each other by definitions. Contrary to what has been claimed by some evidence scholars (Allen and Pardo, 2019), the article shows that all uses of ‘plausibility’ can be captured in terms of probability. The author also shows that the exposed ambiguity is deeply problematic for legal practice and legal scholarship. The fundamental principle of justice that ‘like cases should be treated alike’ is endangered when the standard of proof is expressed in an ambiguous way, and the scientific testability of hypotheses about legal fact-finding is undermined when these hypotheses are formulated in ambiguous terms.

The doubt is not related to innocence but only to guilt, the latter being the exclusive object of the process. The proof of guilt, being always of inductive nature, cannot accept the deductive method that connotes the relationship between premise (minor and major) and conclusion. From here arises the necessity that beyond reasonable doubt must respond to the postulates of logic and the motivation of judgments is an example. Research tends to show whether there is a valid theory to overcome the doubt of uncertainty about guilt-innocence. Can jurisprudence (mathematics-legal) as an exact science aid in the discovery of a perfect syllogism for a valid theory of reasonable doubt?

The purpose of the article was to identify the factors that explain the low scaling of innovations in MineduLAB in Peru. The methodology had a qualitative approach, the design systematized a critique of innovations with results, identifying common and particular characteristics that allowed postulating the factors that explain the low scaling of innovations. Among the results, an innovation cycle without incentives was identified, with dispersed interests; the innovation cycle is also vulnerable to institutional and political instability; there is limited user participation in the process; it has limited results that remain as small experiences; and there is weak leadership. From the above, it has been possible to conclude that public innovation is undervalued and does not always scale up, despite obtaining results in pilot projects. Finally, it is concluded that the role of a server and modern leader with the ability to take risk, adaptable to change, but above all to understand innovation as part of achieving results and not as extra work, is essential.

What could justify the paper on evidence in international commercial arbitration? What is so peculiar about this instance of the realisation of the law that it explains the autonomy of the subject of evidence when it takes place in international commercial arbitration? Isn't the general theory of evidence applicable to the demonstration of reality in a certain type of proceedings – arbitral proceedings – whenever they concern commercial and plurilocalised disputes? These are the central questions around which the text will gravitate. We will emphasise what we believe to be the determining factor in the development of a praxis that does not cause a break between the general theory of evidence developed for civil cases tried in state courts and the central vectors of evidence as known in international commercial arbitration: the context of the exercise of jurisdiction.

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 55-66 | European Forum Insight of 5 May 2023 | (Table of Contents) The Insight focuses on case C-348/21 HYA and Others, in which the Court of Justice deals with the admissibility at the trial of the statements of an absent witness questioned at the investigative stage. On the basis of art. 8 Directive 2016/343, the EU judges first derived the right to examine witnesses from the right to be present at the trial; then, drawing inspiration from the Strasbourg case-law, the Court of Justice ruled that such statements may be used as evidence, albeit with certain limitations. The stance taken by the Court fully demonstrates the expansive strength of the “Stockholm Directives” but also reveals an uncritical compliance with the positions held by the European Court of Human Rights. | (Abstract) I. Introduction. - II. The Facts and the Preliminary Question. - III. The Ruling of the Court. - IV. Burden of Proof, Presumption of Innocence and Compliance with Evidentiary Rules. - V. From the Right to Be Present to the Right to Confront Witnesses. - VI. Rights of the Defense and the Principle of Proportionality. - VII. Conclusions.

This article shows a structured process through the use of the “Intelligent Judge” expert system, to assist judges in the construction of inferences or evidentiary arguments based on the evidence, facts, and hypotheses or allegations that are considered in the stages of evidentiary activity in the judicial process. The analytical-synthetic method is used in the construction of these inferences or evidential arguments. The aforementioned process integrates, in a synergic way, the reasoning and the experience of the human judge with the precision and speed of artificial intelligence for the production of the judgement that decides the judicial process.

Resumen: Los trastornos del espectro autista (TEA) se consideran hoy una conectopatía, es decir, síndromes de origen neurobiológico. La neurotransmisión o las conexiones de las redes de comunicación, habilidades sociales y flexibilidad conductual se ven afectadas, como lo demuestran los estudios neurofisiológicos y de neuroimagen. Los estudios dan una prevalencia de alrededor 0,8-1%. Los profesionales de la pediatría estarán necesariamente implicados en la vida de un niño con TEA. El pronóstico depende no solo del compromiso biológico sino también del tratamiento óptimo. Los especificadores biológicos que marcarán el grado de espectro son: gravedad de los síntomas, nivel cognitivo, afectación del lenguaje, comorbilidades conductuales, etiología neurológica y catatonía. Supervisar un tratamiento óptimo implica un diagnóstico y un tratamiento precoces, con un enfoque que incluye una intervención integral conductual. De esta forma, más del 25% puede lograr una vida independiente, el 50% primaria completa y menos conductas disruptivas en la vida adulta, que les permitan seguir viviendo con sus familias. Describimos una muestra latinoamericana de 100 jóvenes y adultos, seguida durante 2 a 12 años. Con intervención temprana, el 61% completó la escolaridad primaria, el 48% la secundaria y el 18% la educación superior o técnica. El 50% de los adultos adquirió empleo y el 24% tenía o ha tenido una relación de pareja. Es factible con ayuda profesional mejorar la autonomía y la calidad de vida en el autismo. Abstract: Autism spectrum disorders (ASD) are today considered a connectopathy, that is, syndromes of neurobiological origin. Neurotransmission or connections from communication, social skills and behavioral flexibility networks are impaired. Prevalence is around 0.8-1%. Pediatric professionals will necessarily be involved in the life of a child with ASD. Outcome depends not only on the biological impairment but also on the optimal treatment. The biologic specifiers that will mark the degree of the spectrum are severity of the symptoms, cognitive level, language involvement, behavioral comorbidities, neurological etiology and catatonia. Supervising optimal treatment implies early diagnosis and treatment, with an approach that includes a comprehensive behavioral intervention. In this way, more than 25% can achieve an independent life, 50% complete primary school and fewer disruptive behaviors in adult life, which allow them to continue living with their families. We describe a Latin American sample of 100 youth and adults, followed during 2 to 12 years. With early intervention, 61% completed primary school, 48% secondary school, and 18% college or technical education. Fifty percent of adults achieved employment and 24% were or have been in a relationship. It is feasible with professional help to improve autonomy and quality of life in autism.

This article discusses passive and active aspects of consciousness as two equally justified roots of life experiencing the world (Weltbewusstseinsleben). The passive domain involves the synthesis of internal time, association, habituality, bodily aspects, etc. The active domain includes strictly cognitive competences of consciousness: thinking, judging, etc. What has been actively constituted becomes passive as the basic level for higher form of understanding. The two domains interweave, influence each other, complement each other, and also remain in a certain tension and discrepancy. In the broader perspective of the system of consciousness and its various layers, the passive-active differentiation must be treated functionally, and not as hierarchically arranged or constituted by separable concepts. It reflects the dynamics of the consciousness system at all its levels, and its meaning oscillates between the opposite and the overlapping.

The Italian school legislation supports the educational use of music from preschool to lower secondary school for the improvement of skills included in the student’s profile at the end of the first cycle of education. In the framework of inclusive education, musical teaching is part of the school’s commitment to promote the development of academic skills, executive functions, self-regulation as well as emotional, affective, and social dimensions. All those elements are needed for improving learning and developing attitudes towards the consideration of the differences. This work presents an umbrella review of the evidence on the effectiveness of educational musical activities for the improvement of cognitive skills, socio-emotional skills, and school performance from pupils attending K-12 as well as the factors that are relevant for improving the quality of music interventions in school. The review includes meta-analyses already conducted on the effectiveness of music and presents the method adopted for searching, selecting, and coding the studies. By reviewing the evidence, it emerges the need to carry out new research in the field of music teaching that should be more rigorous in the method than the ones included in this umbrella review.

O texto trata da desjudicialização e da valorização da atividade extrajudicial no Código de Processo Civil de 2015. Examina, ainda, a cooperação entre as esferas judicial e extrajudicial, a necessidade de desenvolvimento do “triplo C”: Cooperação, Complementaridade e Coordenação. Por fim, é analisada a Resolução nº 350 do CNJ e a cooperação interinstitucional online em matéria probatória. ABSTRACT The text deals with the de-judicialization and enhancement of extrajudicial activity in the 2015 Civil Procedure Code. It also examines the cooperation between the judicial and extrajudicial spheres, the need to develop the “triple C”: Cooperation, Complementarity and Coordination. Finally, it analyzes the Resolutionn 350 of the National Council of Justice and online inter-institutional cooperation in evidentiary matters are analyzed.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(2), 933-940 | Article | (Table of Contents) I. Introduction: the added value of the archive for legal researchers. - II. Travelling across time and across cases: transversal Project insights. | (Abstract) This Article engages with a core objective of the Court of Justice in the Archives Project: how best to demonstrate and evaluate the potential of the Historical Archives of the Court of Justice for the purposes of deepening and furthering legal research. It considers two forms of novelty in that light: first, finding out things that are "literally" new; and, second, being alerted to analytical possibilities that arise from looking deeply into a case dossier. To illustrate these instances of research novelty, the Article identifies themes - as well as questions - emerging from the individual reports and from the transversal analysis made possible through the Project, highlighting particular strengths or "added value" factors in that context. It also reflects on the limits of the Archives from the perspective that not all Court of Justice mysteries can, or should, be uncovered.

This paper investigates Denys Turner’s article, “On Denying the Right God: Aquinas on Atheism and Idolatry.” According to the author, Denys Turner’s account contributes to theist and atheist debates by treating the issue of whether God can be intelligibly comprehended with great emphasis.

Abstract In this paper we present an analysis of the role of randomized controlled trials (RCTs) in the regulation of health claims (claims about additional health benefits provided by foods). Currently there is a line of thought in the nutrition sciences and in regulation that data from RCTs may be able to minimize, or even make superfluous, the role played by expert knowledge in decision making. We analyze the limitations of, as well as the possible intervention of expert judgment in RCTs in pharmacology and nutrition. As a result of our analysis, we argue that both RCTs and expert knowledge are necessary for data generation in health claim regulation. We argue that as far as data generation is concerned, nutrition is more complex than pharmacology, implying that RCTs are more difficult to effectively design and execute. What the latter means is that in nutrition and health claim regulation, expert knowledge is even more important than in pharmacology.

Cet article voudrait aborder la question du deepfake d’information en le positionnant face aux exigences de la sémiotique pragmatique américaine. Signe d’évidence, croyance fondamentale (urdoxa) le visage soumis au deepfake joue avec le réel, la vérité et la croyance. Il semble important pour le chercheur de poser les limites de ces concepts et de les éprouver face à ce défi d’« efficace du signe » qu’est le deepfake. En effet, la propédeutique à la théorie de C. S. Peirce expose une conception de la sémiotique rarement mobilisée en sciences de l’information et de la communication, « la logique du vague ». Cette conception pourrait permettre d’envisager une compréhension renouvelée du phénomène « d’hypertrucage » contemporain, en admettant l’élaboration d’une croyance scientifique d’enquête fondée sur la logique.

(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 199-210 | European Forum Insight of 11 June 2021 | (Table of Contents) I. Facts of the case. - II. Directive on privacy and electronic communications. - III. Overview of the existing case-law regarding data retention. - IV. Highlights of the CJEU judgment. - V. Commentary. | (Abstract) Records of electronic communication metadata allow detailed conclusions about habits of daily life, such as places of residence, activities carried out, or social relations. This data can therefore be useful in criminal investigations. The CJEU elaborated in case Prokuratuur (case C-746/18 ECLI:EU:C:2021:152) on the conditions of access to such data. The court interpreted art. 15(1) of the Directive 2002/58/EC on privacy and electronic communications and ruled that access to traffic and location data may be provided to combat severe crime or to prevent serious public security threats. This interference with the fundamental rights enshrined in arts 7 and 8 of the Charter of Fundamental Rights when accessing traffic and location data is grave, regardless of the period granted for data access or the amount of data requested. The prosecution of less serious crimes can therefore not justify such intervention. According to Estonian law, the Public Prosecutor's Office has the task of conducting the criminal investigation and, if necessary, initiating prosecution in court. Consequently, it cannot be regarded as an independent authority to decide on access to traffic and location data for criminal investigations. As a basis for the presentation and discussion of the Prokuratuur decision by the CJEU, the facts of the case are briefly outlined before previous case law regarding data retention is summarised.

This article analyzes the multidistrict litigation of North American law as a way of providing an adequate treatment to causes that have similar issues of fact and that, therefore, admit joint evidential instruction. Based on the consideration that each case is part of a set of cases that integrates the broad spectrum of action of the Brazilian Judiciary, the MDL is positioned as an inspiration for the management of evidence with a focus on efficiency with quality, under the pan procedural proportionality. For this purpose, the tool is presented as a technique for collecting evidence, in a context of management of judicial cases.

Objective/Context: There is a growing criticism of the mainstream evaluations of the social interventions (e.g. RCTs) which shape evidence-based policies. This article focuses on two central aspects of this question: i) the notion of evidence, as a concept and a result of a process that entails reasoning, and ii) the understanding of external validity. Methodology: Through an analysis of the literature on evaluation and the philosophy of knowledge, I deconstruct the concepts of causality in the social sciences. This exercise allows me to distinguish between successionist and generative theories of causality and establish criteria to critically examine some epistemological postulates of experimental evaluation techniques. Conclusions: By themselves, experimental methods of evaluation do not allow for informed decisions about an efficient investment of resources. Despite their strength in quantifying possible causal effects, counterfactual statistical analyses need to be complemented by forms of qualitative reasoning in order to answer questions about the direct and indirect causes of the results of social interventions, and thus strengthen our understanding of the extrapolation of social policies or programs from certain contexts. Contribution: There are few studies in Spanish which criticize experimental evaluation techniques or suggest alternatives to them. Instead of summarizing the arguments of other authors, this article presents a coherent narrative which asks us to rethink the current role of the evaluation of social interventions.

This article is based on a year of fieldwork with ufologists, contactees, abductees, and skeptics in Chile, using methods including ethnography, media and website analysis, and in-depth interviews. Our argument is that the “UFO” serves as, what Galison would call, a theory machine, a multiplicity generating not simply heterogeneous interpretive frameworks through which to understand anomalous flying phenomena, in different ideological spheres, but thresholds of evidence as well. We take evidence here, not as given but as an ethnographic category. In particular, the UFO as a theory machine in the Chilean context, and the different stakes of evidence found within it, yields a theory of possibility and impossibility, which we have called evidence-as-possibility. This is not confined to matters of the existence of UFOs, but also spatial differences in which one conceives of such manifestations. We pit materialist understandings of evidence against ones that regard alien contact as something interior and embodied. But we also forego this division and explore how different, apparently contradictory facets of the evidence-as-possibility theory actually work together, such that each condition or event creates its own spatial configurations for UFOs. Finally, we explore “absurd” moments in which this theory machine collapses or goes into overdrive, escaping this spectrum of possibility altogether.

The paper analyzes whether the rule contained in article 109 of Brazilian Civil Code contains hypothesis of procedural contract in matter of evidence. The research was guided by questions related to sources and means of evidence, the importance of written documents in the production of evidence and procedural conventions on evidence. It then sought to demonstrate the admissibility of atypical procedural contracts in probative matter and the material and procedural nature of the provision contained in Article 109 of the Civil Code.

This paper aims to provide a practical, summarized, and clear guide of steps to carry out a systematic review and is aimed at researchers in the field of Health Sciences. The review process runs from the initial questioning to the final report, providing useful information on tools available at each stage. Systematic review and meta-analysis are currently the evidence synthesis tools of the highest level of scientific quality. They are in themselves a secondary research methodology, whose objective is to locate, evaluate, and synthesize the best evidence by selecting original papers or quality primary publications. The procedure to achieve the objective is presented as a sequential and systematized process, in stages, following the transparency principle, so as to ensure its replicability.

This article seeks to develop a descriptive and critical analysis of the situation of the institute of proof of foreign law and its treatment in Civ. Proc. Code §376 (2015), seeking to prove the hypothesis that the maintenance of the wording of revoked Civ. Proc. Code §337 CPC (1973) creates a stagnation detrimental to the dynamics of legal relations of the 21st Century. With this scope, the study is divided into the understanding of the procedural nature of foreign law and the meaning of the term "proof" when associated with it; and, later, it analyzes how this nature influenced the legislative formula that is still used today, which the §376 CPC is its latest manifestation, trying to demonstrate how this is a mistake in dealing with foreign law proof.

This paper seeks to evaluate the scope of the link between the evidential problem of evil and the role of intuitions as a case of sui generis a priori epistemic access. In order to do this, I will first address the theoretical assumptions present in the understanding of what an intuition is and, consequently, what an intuitive belief as a case of non-inferential and a priori belief is. Following Church et al (2020), one main point of this research would be to highlight the link between intuitions and evidentialism, as it is considered in the evidential problem of evil. This will allow a moderate and empirically informed rationalist analysis of what is understood as evidence regarding the possible (or probable, in some readings) non-existence of God, if it is the case that there is at least one instance of gratuitous evil (pointless evil) in the world. To strengthen this interpretation in favor of an a priori - a posteriori link as a way of responding to the argument of evil and its undercutting defeater role (Oliveira, 2020), two assumptions present in the discussion and their plausibility will be considered: that a priori reasons are not strictly understood as evidence for religious belief of a proposition p; and that the irrationality of religious belief arises from the absence of justification for the occurrence of an event of evil. I maintain that there is a tension between i) and ii), specifically regarding the absence of evidence that allows us to sustain the incompatibility between gratuitous evil and the non-existence of God.

Celem przeglądu było przedstawienie jednego z podstawowych narzędzi zdrowia publicznego, jakim są szczepienia, z punktu widzenia dowodów naukowych dotyczących ich bezpieczeństwa. Problem ten jest ściśle związany z bezpieczeństwem zdrowotnym i konstytucyjnym obowiązkiem państwa zapewnienia ochrony zdrowia i życia (art. 68 Konstytucji RP). Ważne jest, aby w przeciwieństwie do innych leków, szczepienia były podawane osobom zdrowym, a wiele z nich dzieciom. W pierwszej części artykułu przedstawiono wpływ odkryć naukowych z zakresu chorób zakaźnych, w tym odkryć z zakresu szczepień, na profilaktykę zakażeń oraz rozwój regulacji prawnych zapewniających bezpieczeństwo pacjentów. Pokrótce przedstawiono także historię ustawodawstwa dotyczącego zdrowia publicznego oraz aktualne rozwiązania prawne Unii Europejskiej i Polski. Część druga przedstawia praktykę zdrowia publicznego opartego na dowodach (EBPH), obejmującą złożone procesy mające na celu poprawę zdrowia populacji i zmniejszenie obciążenia chorobami. Ostatnim elementem pracy jest ilościowa analiza niepożądanych reakcji poszczepiennych (NOP) zgłaszanych w ostatnich latach w Polsce, której monitorowanie jest podstawowym narzędziem oceny bezpieczeństwa szczepionek w rzeczywistej praktyce klinicznej. Przedstawiono również obecną procedurę raportowania.

Randomized controlled trials together with systematic reviews and meta-analyses have been the cornerstone of clinical research. Some studies, because of the size of the sample, the use of randomization and well-defined measurements, the participation of multiple institutions, or long-term follow-up, are able to give a significant level of evidence. We chronologically describe and comment on a group of trials on chronic obstructive pulmonary disease (COPD) that have significantly influenced the scientific and medical community in understanding and managing the disease in the first years of the XXI century. They contributed to the different versions of the GOLD strategy.

For two decades, Spaniards have turned to forensic science as a mode of unearthing diverse forms of evidence that shed light on the mechanics of fascist repression that emerged during the Spanish Civil War and the dictatorship that followed it. Due to the lasting effects of Spain’s Amnesty Law, which prohibits defining Franco’s victims as victims of crime, these exhumation projects exist at the unruly boundaries of legal procedure. In the absence of courts equipped to manage the evidence exhumed and produced in these endeavors, photographs documenting the forensic process are not sequestered by the law. Instead, they are made to be seen. Drawing on what the author describes as subjunctive forensics, she analyzes the emergence of new bodies of knowledge —or what could be called the forensic archive— in order to understand how visual evidence that straddles the scientific and the political, particularly photography, is produced, circulated and safe-guarded in contemporary Spain. Drawing on ethnographic research and the experience of photographing mass grave exhumations, the author explores how shared forms of seeing are produced, acquired, and shared among the community of practice surrounding historical memory work. By focusing on how professional and skilled visions are constituted, the article argues that it is in the production, circulation, and display of forensic photography that Spaniards visualize an uncomfortable past while also imagining alternative political futures.

Current research suggests that virgin olive oil (VOO) phenolics are potent preventive and therapeutic agents against metabolic diseases associated with inflammation and oxidative stress. Evidence-based medicine requires these effects be proved in randomized controlled trials (RCT), which are then assessed in meta-analyses, to ensure that the alleged health benefits really proceed in humans. The available evidence is limited to the ability of VOO phenolic compounds to protect lipoproteins from oxidation and to reduce systolic pressure in hypertensive individuals. No RCT assessing the effects of VOO phenolics on diabetes and neurodegenerative diseases have been performed, and those focused on osteoarthritis and cancer provided very scarce information. Therefore, RCT in extensive and diverse population groups, with different disorders and phenolic doses adjusted to usual VOO consumptions are necessary to achieve high quality scientific evidence before nutritional recommendations can be given to the general public.

The presente article analyses the use of neuroscientific methods as an evidence resource in criminal process.

This essay aims to explore the pursuit of the truth as one of the main goals of legal proceedings, based on Michele Taruffo’s conception. Thus, an interesting approach is to recognize that procedures of facts verification should be guided by fundamental epistemological notions to establish the best way to approach the truth. In this context, it is possible to conclude that the proof legal standards will only be capable to fulfill its role to determinate if it’s possible to consider the main facts as proved if established by objective and rational means, as argued by Larry Laudan. Taruffo’s conceptions about the truth in the process and Laudan’s view about the objectivity of the standards contribute to the awaited rationalization of judicial decisions.

Resumen Una condición usualmente considerada necesaria para el autoengaño consiste en que la creencia que se adquiere o mantiene no debe ser sostenida por la evidencia a disposición del agente. Sin embargo, esta formulación general de la condición es demasiado amplia y requiere de mayor precisión. En el presente artículo se presenta una caracterización de tal condición que intenta superar las objeciones que pueden elevarse contra las formulaciones existentes.

The Prague Rules are intended to provide efficiency and reduce costs in conducting arbitration proceedings. The Rules are based on the position that the practice and procedure of international arbitration is too heavily influenced by the adversarial system found in common law jurisdictions, and that the inquisitorial judicial practices of civil law jurisdictions are more conducive to a “streamlined procedure”. In this paper, the authors first consider whether this predicate is accurate and fair. Are adversarial practices the source of inefficiency in international arbitration, or can the reasons be found elsewhere? Next, they compare certain features of the Prague Rules to the IBA Rules on the Taking of Evidence, and examine how both sets of rules differ in substance. Moreover, they address the criticisms that the Prague Rules may pose yet another case of useless rule-making. In fact, the authors critically assess the consequences of an active role of arbitral tribunals in case management and the appropriateness of a controlled use of documentary production, witness evidence (particularly in oral testimony) and appointment of experts.

In common law systems, there has recently been a trend to permit plaintiffs to serve process on defendants through social media networks. This trend raises the following question: Is this form of service also beneficial in civil law countries, in particular, Belgium? To answer this question, this Article analyzes the conditions under which this type of service has been allowed by US courts, where most of the new development has occurred. This Article concludes that social media service may be a valuable additional means of notice when the defendant does not have a known address. In such circumstances, Belgian law currently prescribes service on the public prosecutor as the last resort method; however, service via social media platforms is far more effective at actually reaching the defendant. Consequently, the Belgian legislature could consider introducing social media service as a method supplementing service on the public prosecutor, provided the necessary safeguards are implemented.

In a recent work, Walter Carnielli and Abilio Rodrigues present an epistemically motivated interpretation of paraconsistent logic. In their view, when there is conflicting evidence with regard to a proposition A (i.e. when there is both evidence in favor of A and evidence in favor of ￢A) both A and ￢A should be accepted without thereby accepting any proposition B whatsoever. Hence, reasoning within their system intends to mirror, and thus, should be constrained by, the way in which we reason about evidence. In this article we will thoroughly discuss their position and suggest some ways in which this project can be further developed. The aim of the paper is twofold. On the one hand, we will present some philosophical critiques to the specific epistemic interpretation of paraconsistent logic proposed by Carnielli & Rodrigues. First, we will contend that Carnielli & Rodrigues’s interpretation implies a thesis about what evidence rationally justifies to accept or believe, called Extreme Permissivism, which is controversial among epistemologists. Second, we will argue that what agents should do, from an epistemic point of view, when faced with conflicting evidence, is to suspend judgment. On the other hand, despite these criticisms we do not believe that the epistemological motivation put forward by Carnielli & Rodrigues is entirely wrong. In the last section, we offer an alternative way in which one might account for the epistemic rationality of accepting contradictions and, thus, for an epistemic understanding of paraconsistency, which leads us to discuss the notion of diachronic epistemic rationality.

Our life is full of sayings, which reflect the tradition of millennia and speak in the mouth of experience, and this is even more evident when it comes to nutrition or food, which is the link between health, disease, food security and happiness. In this short paper we have reviewed some central proverbs that are part of our daily work, its meaning and the scientific evidence and studies that endorse or deny such aphorisms. A total of 55 have been collected, which we believe to be very relevant, since a higher number of them would probably tire the reader and make our effort vain.

This paper focuses on elements that are involved in a specific type of judgment, namely, those involving facts that, in virtue of contingent reasons, are out of our epistemic reach. Its goal is to propose a philosophical explanation about why we, in informal contexts, take some facts as contingently unknowable. In order to accomplish that goal, we develop a theory that defines contingently unknowable facts in a very specific way. We establish three clauses that are jointly necessary and sufficient — so we argue — for taking an arbitrary fact as contingently unknowable. In a variety of contexts, this strategy has the potential of reducing efforts in an epistemological analysis of this particular type of unknowability.

The present study aims to reflect about the effectiveness of the fundamental right of proof considering the Civil Procedure Rules, taking as a measure the ideas of truth discovery through the process and of the rational persuasion. In this sense, it is examined the testimonial evidence with the introduction of the possibility of cross-examination and also the expert witness in the context of the procedural negotiation.

This paper studies the relationship of the incidence, in view of the Legal Fact Pontes de Miranda, with the truth and reflections on this process. Investigates, so if the language, manifested especially by the evidence (Theory of Evidence), would be an instrument capable of creating the truth or would have the power to reveal it, merely.

Lo scritto affronta il tema della parità delle armi a fronte del sempre piú frequente impiego di prove generate automaticamente anche nel processo penale. La straordinaria potenza computazionale –a costi ridottissimi– e la proliferazione incontrollata di dati attraverso tecnologie digitali di uso quotidiano generano un substrato conoscitivo ricchissimo ed utilissimo anche per il processo penale. Tuttavia, l’opacità degli algoritmi che regolano la creazione e la raccolta di questi dati rischia di rendere impossibile in nuce la difesa dell’imputato, che si trova per lo piú nell’impossibilità di accedere, comprendere e validare il processo che ha portato alla

The purpose of this paper is to focuse the analysis on the questions of Law occurring in the Tristan of Béroul ; more precisely, to consider the relations between the feudal pact, the honour code and the procedure of justice. The author is actually playing on several registers, a proof of his knowledge of the practice of justice in the courts of his time, the consequence of that play being an interrogation on the validity of the proof, the oath and more generally on the ambiguity of the Law.