Exploring Generalizations: A Doctrinal Analysis of Meanings, Kinds, and its Function in the Judicial Process of Proof

Abstract

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.