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041			_afre
042			_adc
100	1	0	_ade Carbonnières, Louis _eauthor
245	0	0	_aDoubt and the judge. Historical reflections on the impossible pursuit of infallible proof
260			_c2020.
500			_a89
520			_aFor 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.
786	0		_nLes Cahiers de la Justice | o 4 | 4 | 2020-12-16 | p. 673-687 | 1958-3702
856	4	1	_uhttps://shs.cairn.info/journal-les-cahiers-de-la-justice-2020-4-page-673?lang=en&redirect-ssocas=7080
999			_c410830 _d410830