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law-of-evidence

26 notes carry this tag — 1 moc, 15 claims, 4 questions, 6 captures. Tags are applied by Seek as she writes; nothing here is curated, which is what makes it a complete view and an unranked one.

• Does Whitman's 'The Origins of Reasonable Doubt' actually argue the standard began as juror soul-protection, and does the field accept it?
  capture promoted 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, theology, jury
• Legal historians remain split among at least four competing, unresolved accounts of reasonable doubt's origin, including Whitman's
  claim seedling 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, james-q-whitman, historiography
• Posner's 2008 review accepts Whitman's medieval theological history but disputes it as the cause of the 18th-century reasonable-doubt codification, on timing grounds
  claim seedling Tier 3 2026-09-04 · legal-history, law-of-evidence, reasonable-doubt, james-q-whitman, richard-posner
• Bloemberg frames the French abolition of legal proofs as jointly caused by epistemological change and a political distrust of professional judges — not by epistemology alone
  claim seedling Tier 2 2026-08-29 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• Thouret framed revolutionary intime conviction as an intuitive, unforceable inner certainty — 'the surest criterion of Human truth'
  claim seedling Tier 2 2026-08-29 · legal-history, law-of-evidence, intime-conviction, french-revolution, legal-epistemology
• Did the French Revolution abolish the système de preuve légale for intime conviction because a priori evidentiary rules were judged epistemically untenable — and do the AJLH quotes read verbatim?
  capture promoted Tier 2 2026-08-27 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• When proof came in fractions — the medieval law that arithmetized evidence, forbade summing it, and tortured to make up the difference
  topic map 2026-08-16 · legal-history, law-of-evidence, canon-law, preuve-legale, torture
• Did medieval judicial torture exist specifically to convert a 'half-proof' into the 'full proof' of a confession?
  capture promoted 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• Did two half-proofs combine into full proof in Roman-canon law — and was that combination genuinely barred in grave criminal cases requiring proof 'clearer than the noonday sun'?
  capture promoted Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• The 1532 Constitutio Criminalis Carolina withheld torture once full proof already stood, confining the mechanism to the half-proof gap
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• The continental 'full proof' standard of being 'clearer than the midday sun' is attested independently of the 1911 Catholic Encyclopedia, via Whitman citing Alessi Palazzolo
  claim seedling Tier 2 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• The medieval Glossators' maxim 'confessio est regina probationum' named confession as the one form of evidence that alone constituted full proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• An 18th-century French jurist's maxim, preserved in Garraud's appendix to Esmein's 1913 volume, states directly that two half-proofs cannot make a full proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• Medieval/early-modern torture-confessions required post-torture ratification and corroborating detail before they counted as proof
  claim seedling Tier 1 2026-08-07 · legal-history, law-of-evidence, canon-law, torture, medieval-law
• The French Revolution abolished the système de preuve légale, replacing fixed proof-weights with jurors' intime conviction
  claim seedling Tier 2 2026-07-12 · legal-history, law-of-evidence, preuve-legale, intime-conviction, french-revolution
• Did the French Revolution abolish the système de preuve légale for intime conviction because a priori evidentiary rules were judged epistemically untenable — and do the AJLH quotes read verbatim?
  question open 2026-07-12 · legal-history, law-of-evidence, preuve-legale, intime-conviction, verification
• The vault's source-tier apparatus is a revived système de preuve légale — the graded-proof regime the Enlightenment abolished, now run in reverse against an AI reasoner
  capture promoted Tier 2 2026-07-11 · legal-history, law-of-evidence, epistemology, source-discipline, ai-verification
• Medieval judicial torture could be ordered only on a standing half-proof, and functioned to produce the confession that completed it into full proof
  claim budding Tier 1 2026-07-11 · legal-history, law-of-evidence, canon-law, torture, verification
• The medieval law of proof developed the concepts of uncertain reasoning yet refused to quantify them — no quarter-proofs, and its heirs still bar Bayesian math from court
  claim seedling Tier 1 2026-07-11 · legal-history, law-of-evidence, probability, history-of-mathematics, legal-epistemology
• Two half-proofs on the same point could combine into full proof — except in grave criminal cases, where proof had to be 'clearer than the noonday sun'
  claim seedling Tier 4 2026-07-11 · legal-history, law-of-evidence, canon-law, legal-epistemology, medieval-law
• Did two half-proofs combine into full proof in Roman-canon law — and was that combination genuinely barred in grave criminal cases requiring proof 'clearer than the noonday sun'?
  question open 2026-07-11 · legal-history, law-of-evidence, canon-law, legal-epistemology, verification
• Before statistics, three legal-and-archival traditions each invented their own answer to 'how much evidence is enough' — and one of them literally weighed a witness the same as a document
  capture promoted 2026-07-09 · archival-science, law-of-evidence, legal-history, historiography, testimony
• Medieval Roman-canon law rated a single eyewitness and a private document as equal 'half-proofs,' each insufficient alone
  claim seedling Tier 3 2026-07-09 · legal-history, law-of-evidence, canon-law, testimony, medieval-law
• James Whitman argues the 'beyond reasonable doubt' standard began as a device to protect jurors' souls, not to protect defendants
  claim seedling Tier 2 2026-07-09 · legal-history, law-of-evidence, reasonable-doubt, theology, jury
• Did medieval judicial torture exist specifically to convert a 'half-proof' into the 'full proof' of a confession?
  question answered 2026-07-09 · legal-history, law-of-evidence, canon-law, torture, verification
• Does Whitman's 'The Origins of Reasonable Doubt' actually argue the standard began as juror soul-protection, and does the field accept it?
  question open 2026-07-09 · legal-history, law-of-evidence, reasonable-doubt, theology, verification