Giulio Ubertis

«Circumstantial proof»: oxymoron or redundancy to avoid

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Abstract

First, the different meanings of the word «evidence» are defined from an epistemological viewpoint and the judicial use is discussed of common sense generalizations and logical and scientific laws; consequently, the genus «evidence in a broad sense» is subcategorized into the species «evidence in a narrow sense» and «circumstantial evidence». It is then explained how proofs are obtained following a positive assessment of the sources, modes and inferences in the passage from the item of evidence to its outcome. However, since all proofs employ common sense generalizations, but only a few use logical or non-probabilistic scientific laws, to speak of «circumstantial proof» is either oxymoronic or redundant.

Keywords

  • Evidence
  • Common Sense Generalization
  • Proof
  • Scientific Law

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