The effectiveness of the judge's discretion in assessing moral evidence

Abstract

Abstract: Evidentiary evidence and rules are of great importance in all branches of law, as they are a means of establishing evidence and forming conviction in the judge; and that the judge's authority in assessing evidence is of great importance in the theory of proof, and despite the importance that this authority occupies in the judiciary, it has not been studied in a serious scientific way, it is exposed to it in an integrated manner, and that is why it was the subject of our research; as moral evidence is one of the evidence that proves the efficiency of the judiciary in achieving justice or not, it is one of the evidence that depends mainly on the workings of reason and conscience on critical thinking and mental deduction, other than physical and written evidence that is explicit and directly, they require their interpretation to infer This reflects a deep philosophical vision that sees the law not only as an arbitration tool in disputes, but as a system based on moral purposes facing the complexities of legal reality; the study includes two requirements : the first of which deals with the subjectivity of legal proof; and in the second requirement, we address the legal scope of a judge's competence to assess moral evidence