TY  - BOOK
AU  - de Carbonnières,Louis
TI  - Doubt and the judge. Historical reflections on the impossible pursuit of infallible proof
PY  - 2020///.
							
N1  - 89
N2  - For the judge, doubt is both a method and a tool. Throughout legal history, the judge has in principle considered this doubt paradoxically, even illogically, as it may seem to those not familiar with courts of law. It is about doubting so that there is n° more doubt, to generate judicial security. Doubt therefore appears as a means that is dissolved in the result which is in contradiction with it. But this has led Western judges to seek infallible proof that removes all doubt, to the point where the judge adopts a similar mental attitude when faced with evidence whether it is the judgment of God or a judgment via DNA, and out of humility abdicates the judge's role of appreciation. Faced with the development of scientific evidence, judges will have to decide whether they wish to be reduced to the role of the judicial mouthpiece of the scientific expert, an outsider in the legal world
UR  - https://shs.cairn.info/journal-les-cahiers-de-la-justice-2020-4-page-673?lang=en&redirect-ssocas=7080
ER  -