Examining the Philosophy of Proof Reasons

Abstract

In the present research, unlike civil procedure law books that focus on explaining articles and related subjects, the analysis delves into the anatomy of evidence. From a legal and philosophical perspective, the arguments are evaluated. The author dissects the structure of evidence to explore the cause of the obligatory and imposed nature of certain proofs, independent of ideological issues. What mysterious and magical secrets have been embedded within the form of proof that has remained unchanged for centuries, making any alteration or change in the method of proof considered a heresy? Why have jurists and legal scholars accepted the eternal and perpetual nature of these methods, deeming any intervention or modification forbidden? The findings of the study reveal that part of our legal system is immutable, adhering eternally and perpetually to certain methods of proof, regardless of human experiences, advancements, and results obtained. Conversely, another part of our legal system pertains to the methods of inference, reasoning, and argumentation. The heavy shadow of formal logic constitutes another segment of our current legal system, where reasoning does not concern itself beyond the accuracy of the major and minor premises, essentially disregarding the audience and their persuasion. This unidirectional logic compels the audience to accept the result of the argument while being bound and constrained. Thus, we begin to understand why the laws of certain countries serve as sources and references for others, whereas the laws of some other countries are practically considered secondary or even tertiary. The significance of this research lies in its candid examination of these dark and bright legal points, which has led to Iranian law being recognized not as innovative and progressive law but, at best, as secondary law.