Exploring Generalizations: A Doctrinal Analysis of Meanings, Kinds, and its Function in the Judicial Process of Proof
DOI:
https://doi.org/10.47205/plhr.2022(6-II)48Keywords:
Functions of Generalizations, Generalization, Judicial Process of Proof, Kinds of GeneralizationAbstract
The present study aims at analyzing the definitions, kinds, and functions of generalizations in the judicial process of proof. This is a multi-stage and fact-oriented process in which specific laws are applied on established facts. These facts are established with evidence produced by the parties which is subsequently evaluated by judges. Generalization plays significant role in the evaluation of evidence which necessitates its thorough understanding. Though a few researchers have examined generalization in legal context, however, there exists ambiguity regarding its definition, kinds and functions. The present study, which is doctrinal in nature, intends to fill this gap. The present study argues that generalizations are general statements about how things generally happen in the world. Additionally, it argues that generalization has various types according to their nature, purpose, source, and probative value. Similarly, this research has identified six various roles which generalization discharges in the judicial process of proof.
Downloads
Published
Details
-
Abstract Views: 87
PDF Downloads: 33
How to Cite
Issue
Section
License
ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & PAKISTAN LANGUAGES AND HUMANITIES REVIEW (PLHR) adheres to Creative Commons Attribution-Non Commercial 4.0 International License. The authors submitting and publishing in PLHR agree to the copyright policy under creative common license 4.0 (Attribution-Non Commercial 4.0 International license). Under this license, the authors published in PLHR retain the copyright including publishing rights of their scholarly work and agree to let others remix, tweak, and build upon their work non-commercially. All other authors using the content of PLHR are required to cite author(s) and publisher in their work. Therefore, ORIENTS SOCIAL RESEARCH CONSULTANCY (OSRC) & PAKISTAN LANGUAGES AND HUMANITIES REVIEW (PLHR) follow an Open Access Policy for copyright and licensing.