Thesis (M.A.)--University of Wisconsin--Madison, 1969. / eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

This dissertation investigates the manner in which facts are proven with specific emphasis on the role which the concept of ‘probabilities’ plays in achieving the ‘burden of proof. It is illustrated that the concept of ‘probabilities’ plays a central role throughout the process of determining the accountability of a litigant, including fact-finding during the evaluation of the adduced evidence and the application of the burden of proof. This study distinguishes between the findings of individual facts, as opposed to the finding of whether the case of a party, as reflected by the cumulative effect of the individually proven facts, has been proven. It is submitted that, despite traditionally perceived views, the concept of ‘probabilities’ is applied in exactly the same manner to both these aspects of a legal dispute, the only variable being the degree of probabilities as determined by a specific stage and nature of the litigation. The research focuses on both criminal and civil cases. The dissertation is based on current South African practices as reflected in judgments in different law reports and, to some extent, on English and American legal practices. Copyright / Dissertation (LLM)--University of Pretoria, 2007. / Procedural Law / unrestricted

This thesis explores the practices and perceptions of the courts and professionals in child contact proceedings where domestic violence is an issue and the implications of this for mothers, with particular reference to Practice Direction 12J which establishes the framework for best practice to be followed in such proceedings. In-depth interviews were undertaken with 29 family lawyers and Cafcass officers covering a broad geographic and demographic area, and the reported cases to which the Practice Direction applies were reviewed. The resulting data were analysed utilising discourse analytic and qualitative approaches, drawing on a feminist poststructuralist approach and also insights from autopoietic theory. It was found that the ‘presumption of contact’ and an acontextual, legalistic approach to domestic violence reinforce each other and have a powerful normative influence on professional and judicial perceptions and practices. Dominant parental subjectivities of ‘implacably hostile mothers’ and ‘safe family men’ continue to resonate with many courts and professionals, who focus on promoting contact rather than safeguarding mothers and children. Despite more judges and professionals gaining a broader understanding of the coercively controlling nature of domestic violence, only recent, very severe physical violence warrants the holding of fact-finding hearings on disputed allegations and provides sufficiently ‘cogent’ reasons for family lawyers to support mothers in opposing contact and for courts to refuse contact. The notion that domestic violence is morally reprehensible and a significant failure in parenting, and that women’s desires for safety, wellbeing and autonomy are morally legitimate, finds very little expression. This study concludes that in order to regain a valid and authoritative voice for women in current family law we need to expose and disrupt law’s construction of the ‘scientific truth’ about children’s welfare, the dominant parental subjectivities to which it gives rise, and the ‘safe haven’ of law’s ideal post-separation family.

<p>Since the 1980&rsquo / s, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured / and many others were disappeared. When the new governments came into power, they had to confront these injustices that were perpetrated under the predecessor regime. This was necessary to create a culture of human rights / promote a respect for the law and access to justice. Many confronted these injustices in different ways, some granted amnesty, some prosecuted and others instituted truth commissions. This research paper focuses on truth commissions. The research focuses particularly on the study of the South African Truth Commission. The mandate of the South African Truth Commission is analysed and the investigation into whether the commission served the purpose for which it had been established is discussed.</p>

In the wake of atrocities arising from internal armed conflicts in the 1990s, the International Commission on Intervention and State Sovereignty introduced the Responsibility to Protect doctrine (“R2P”) as a solution to reconcile the notion of state sovereignty with the need to protect citizens. The lack of available protection for internal armed conflicts and the subsequent evolution of the humanitarian intervention debate facilitated the unanimous acceptance of R2P’s fundamental principles by all UN member states. This paper examines the development of the R2P doctrine and its current status as customary law. By identifying its inadequacies, the paper raises questions of the doctrine’s viability in fulfilling the emerging norm of the collective responsibility to protect. In order to remedy these shortfalls and ensure the doctrine’s effectiveness, the paper argues the need to incorporate post-conflict investigatory mechanisms into the R2P.

In the wake of atrocities arising from internal armed conflicts in the 1990s, the International Commission on Intervention and State Sovereignty introduced the Responsibility to Protect doctrine (“R2P”) as a solution to reconcile the notion of state sovereignty with the need to protect citizens. The lack of available protection for internal armed conflicts and the subsequent evolution of the humanitarian intervention debate facilitated the unanimous acceptance of R2P’s fundamental principles by all UN member states. This paper examines the development of the R2P doctrine and its current status as customary law. By identifying its inadequacies, the paper raises questions of the doctrine’s viability in fulfilling the emerging norm of the collective responsibility to protect. In order to remedy these shortfalls and ensure the doctrine’s effectiveness, the paper argues the need to incorporate post-conflict investigatory mechanisms into the R2P.

<p>Since the 1980&rsquo / s, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured / and many others were disappeared. When the new governments came into power, they had to confront these injustices that were perpetrated under the predecessor regime. This was necessary to create a culture of human rights / promote a respect for the law and access to justice. Many confronted these injustices in different ways, some granted amnesty, some prosecuted and others instituted truth commissions. This research paper focuses on truth commissions. The research focuses particularly on the study of the South African Truth Commission. The mandate of the South African Truth Commission is analysed and the investigation into whether the commission served the purpose for which it had been established is discussed.</p>

Magister Legum - LLM / Since the 1980's, many dictatorships around the world have been replaced by new democracies. These old dictatorships were notorious for their human rights abuses. Many people were killed and tortured; and many others were disappeared. When the new governments came into power, they had to confront these injustices that were perpetrated under the predecessor regime. This was necessary to create a culture of human rights; promote a respect for the law and access to justice. Many confronted these injustices in different ways, some granted amnesty, some prosecuted and others instituted truth commissions. This research paper focuses on truth commissions. The research focuses particularly on the study of the South African Truth Commission. The mandate of the South African Truth Commission is analysed and the investigation into whether the commission served the purpose for which it had been established is discussed. / South Africa

"Therefore, the aims of the study are to explore the origin, nature and purpose of fact-finding missions, to explore what is currently on the ground, to expose the inherent deficiencies in the current practice, which compromise the missions' capacity to promote and protect human and peoples' rights. Having identified the shortcomings, lessons and inspiration will be drawn from the practice and rules of procedure of other regional and international treaty monitoring bodies, particularly the Inter-American Commission on Human Rights (IACHR). The starting point of the analysis shall be to identify the various fact-finding related issues that arose in the response of the Government of Zimbabwe to the African Commission on Human and Peoples' Rights (ACHPR) report. A survey of the reaction and response of other countries in which similar fact-finding missions were conducted, shall be carried out to gauge the consistence or otherwise in the ACHPR's practice. It shall be strongly suggested that the ACHPR should substantially borrow from other human rights systems, if necessary. After closely observing these issues, the study will come up with a position and firm recommendations to the ACHPR in terms of which its practice can be revamped for the achievement of an effective and progressive promotion and protection of human and peoples' rights as contemplated by the African Charter. ... This study has four chapters. Chapter one constitutes introductory remarks putting the study into context and the justification thereof. Chapter two explores the nature, origin, forms and importance of fact-finding in human rights protection. It searches for the underlying principles governing credible and plausible fact-finding. Chapter three analyses the ACHPR fact-finding practice to see what is there and critically compare it to the IACHR, UN and ILO practice. It aims at demonstrating the strengths and weaknesses of the African system. Chapter four revisits the weaknesses unearthed in chapter three and proposes recommendations for overall improvement. The study concludes by soliciting draft rules of procedure from the general principles explored in chapter two, combined with lessons learnt from other systems in chapter three. The model fact-finding rules of procedures are marked Annexure A at the end of this work." -- Introduction. / Thesis (LLM)--University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Scientific evidence is increasingly relied on in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are therefore critical. This thesis adds the perspective of procedural legitimacy to the science and law dialogue. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that to maintain legitimate legal outcomes, procedural rules must be applied consistently and vigilantly to scientific evidence. This means that admissibility rules must be applied properly to scientific evidence, and that admitted scientific evidence must be duly scrutinized and weighed against the legal standard of proof. This ensures that the legal outcome will be based on valid legal facts. When the law is applied to those legal facts, litigants are legitimately bound by the judicial decision, despite the risk of factual inaccuracy. / The bulk of this thesis develops the notion of procedural legitimacy, and argues that its role in the adjudicative process is vital. The argument is founded on the conditions of uncertainty in which legal decisions are made. I show that both liability determinations and damages determinations in personal injury actions are made in conditions of uncertainty, and are dependent on consistency in procedure to maintain legitimacy. Ultimately, I apply the procedural legitimacy argument to admissibility and use of scientific evidence, and endorse the recommendations of the Goudge Inquiry in that respect.