Stormkhan
Disturbingly familiar
- Joined
- May 28, 2003
- Messages
- 8,687
It is said that part of good judgement in law isn't only sticking to the law as recorded but to take all other factors into account before judgement.
In Hadrian's time*, it was rescripted that in situations where it is one person's word against another - with no clear supporting evidence - that 'the judge should decide who's telling the truth and who's lying by taking into consideration who the witnesses are, their status in society, their reputation, how they act when testifying, how they answer questions, etc.'
In effect, judgement should be made on balance of probability.
* Yep. Ancient Romans, but along with the Greeks and the Persians, they did actually formulate legal jurisprudence.
In Hadrian's time*, it was rescripted that in situations where it is one person's word against another - with no clear supporting evidence - that 'the judge should decide who's telling the truth and who's lying by taking into consideration who the witnesses are, their status in society, their reputation, how they act when testifying, how they answer questions, etc.'
In effect, judgement should be made on balance of probability.
* Yep. Ancient Romans, but along with the Greeks and the Persians, they did actually formulate legal jurisprudence.