The Judicial Proving in the Logical Measuring

Abstract

The primary purpose of the article is an attempt of the systematized application of methodological tools of classic and modern logic to the analysis of the range of problems, related to the criteria of validity of judicial decisions and sufficiency of evidential base for their acceptance. Thus, it’s assumed to demonstrate that such methodological approach opens wide enough possibilities in the plan of objectivization of the mentioned criteria. Methodology. The search of ways of optimization of the judicial proving is carried out on the basis of method of structural logical analysis of juridical argumentation. The method of comparative analysis was used during the study of correlation of procedures of the judicial proving and logical proof, and also during the comparison of alternative proving theory doctrines. By means of method of logical modeling the criteria of provability of judicial argumentation are generalized and systematized. Scientific novelty. In the article attention applies on that in strict logical proof a conclusion must be related to the base arguments exceptionally according to the objective laws of logical deduction, while the main criterion of evidential base sufficiency for the acceptance of court decision is an inner conviction of the rule-making subjects (that, certainly, extends space for «judicial voluntarism»). In this connection, there’s offered the methodological model that is based on the idea of maximally possible concordance of the criterion measuring of legal and logical provability. This model contains the systematized tools of evaluation the given to the court evidential base in the aspect of its acceptability from the point of view of logical consistency and sufficiency for the acceptance of unambiguous and reasonable decision in the examined judicial case. Conclusions. The application of logical principles of proving to the evaluation of evidential base and procedural aspects of judicial argumentation is an effective mean of counteraction to subjectivism in making and acceptance of judicial decisions, and, thus, can be enable to increase the degree of objectivity and justice of rule-making.

Keywords: juridical argumentation; judicial proving; logical proof; logical criteria of argumentation provability; logical acceptance of evidential base; evidential sufficiency criteria; objectivization of proving procedures.