الاستقراء و القياس في الاستنباط القضائي : دراسة مقارنة

Abstract EN

When the judge examines the case and finds that it is devoid of direct evidence, then he resorted to eliciting the indications and evidence in order to prove it, and follows in this the rules and methods of logical reasoning such as induction and measurement.It extrapolates the partial facts in order to arrive at their characteristics and infer the indications from them, and begins to observe them by asking why these facts are expressed in positive suspicion.

He analyzes the facts and divides them to know the relationship between them and arriving at their characteristics, thus devising evidence to prove or deny the unknown incident in dispute.Observing these facts, the judge places an assumption that draws inspiration from the ordinary course of things, which is a conjecture in which he interprets the problem presented to him and then verifies its validity by logical methods, such as the remnants method.The judge may logical measurement, by relying on a m rely on arriving at semantics and clues by way ofajor introduction that includes the general principle mentally or legally and a minor introduction that includes the fact or partial facts, and by applying the first to the second he reaches deduction as a result of bearing evidence to prove or deny the unknown fact.Courts today work systematically diagnosing the image of measurement through the rule (I R A C), which is an abbreviation (Issue-Rule- Application-conclusio) and means (issue - rule - application - conclusion) The research addresses the problem of how the judge exercises this judicial deduction, and he wants to infer what is fixed and known in the lawsuit as to what is not fixed and unknown in it? Provided above, the subject of the research is the evidentiary methods followed by the judge in deriving semantics and clues in the scope of facts, namely the inductive method and the standard method, and the first is the focus of the research in the first topic with two requirements: the first for observation and the second for the imposition, and the second axis of the research in the second topic with two requirements: the first authoring the measurement and the second Principles of measurement.