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- Research Article
- 10.1007/s00117-026-01628-0
- Jun 18, 2026
- Radiologie (Heidelberg, Germany)
- R Cramer + 1 more
Informed consent and the patient's declaration of consent are of central importance in any medical treatment. They serve to protect the patient's right to self-determination. Properly provided informed consent is aprerequisite for the validity of the patient's consent; without it, amedical procedure is unlawful and may give rise to liability for damages. Pursuant to section 630e(1) of the German Civil Code (BGB), the treating physician is obligated to inform the patient of all circumstances essential to consent, in particular regarding the nature, scope, implementation, expected consequences, and risks of the procedure, as well as its necessity, urgency, suitability, and prospects of success. In addition, the patient must be informed of possible treatment alternatives. Information regarding treatment alternatives is always required when several equally indicated treatment methods with different risks and prospects of success are available. Informed consent must be provided verbally during aface-to-face consultation; simply handing over an informed consent form is not sufficient. It must also be provided in atimely manner and be understandable. In radiology, informed consent is also of central importance, as many radiological examinations carry potential risks, e.g., due to radiation exposure or contrast agents. Information about treatment alternatives is particularly relevant with regard to the varying levels of radiation exposure associated with different radiological procedures. Since the burden of proof for proper informed consent lies with the treating physician, careful documentation of the content of the informed consent discussion is recommended. When using informed consent forms, individualized notes are also recommended for evidentiary purposes.
- Research Article
- 10.1108/joe-10-2025-0136
- Jun 16, 2026
- Journal of Organizational Ethnography
- Timen Jan Veenstra
Purpose This paper argues a for different methodological approach in organisational ethnography: Ethnodrama – a fusion of ethnography and performance. It shows how ethnodrama is uniquely equipped to expose injustices such as institutional racism via the case of the Dutch Childcare Benefit Scandal (Het Toeslagenschandaal). While traditional organisational research (and the public at large) often reduces such scandals to managerial failures, ethnodrama can better perform the affective, historical and systemic dimensions of racial injustice, making them visible and tangible to audiences. The paper argues how artistic methodologies can complement scholarly analysis in Management and Organisation Studies (MOS) to challenge colonial legacies and racialised governance. Design/methodology/approach The paper adopts a qualitative, practice-based approach, drawing on the author’s experience as a playwright and ethnodramatist. It integrates archival and documentary analysis, interviews and testimonies, theoretical frameworks and artistic practice. Findings Het Toeslagenschandaal shows how racialised groups bear the burden of proof and systemic discrimination, obscured by bureaucratic neutrality and under researched concepts like race in MOS. Ethnodrama disrupts this by performing the emotional and relational impacts of institutional racism, centring marginalised voices without reducing them to trauma narratives and creating spaces for public reflection on racial justice, beyond academic or policy silos. This makes it an important methodological addition in MOS. Originality/value This paper advances decolonial methodology in MOS by positioning ethnodrama as a tool for embodied knowledge production, critiquing the epistemological limitations of traditional organisational research in addressing racism and offering a practical, artistic framework to engage diverse audiences in systemic critique.
- Research Article
- 10.1080/10192557.2026.2673895
- May 23, 2026
- Asia Pacific Law Review
- Woojung Jon
ABSTRACT Consent does not translate easily across borders. Firms often export consent screens and accountability devices across jurisdictions and treat shared procedures as evidence of equivalent protection. Yet adequacy assessments, cross-border recognition of court judgments and regulatory measures, and contract-based transfer arrangements all depend on whether similar-looking tools generate comparable rights, duties, remedies, and enforcement powers. This article argues that legal comparability turns on consequences rather than procedural form. Its principal contribution is the Consequence-Equivalence Test (CET), a structured comparative method that encompasses eight factors: consent’s legal role, validity and withdrawal, burdens of proof, remedies, enforcement powers, exceptions, review, and transfer tools. The article operationalizes the CET through a jurisdictional comparison of the European Union, the United States, and South Korea, identifying three distinct consent types and demonstrating how each system allocates decision-making power among individuals, firms, courts, and regulators. It then examines whether impact assessments, certification, and transfer clauses can carry those consequences across borders. The result is not a single mechanical score, but a context-sensitive inquiry: transfer tools can substitute for local protection only where they preserve the legal role of consent and deliver consequence-equivalence in proof burdens, enforceability, and access to redress. The three central jurisdictional references are therefore used to demonstrate the method, not to claim exhaustive coverage of regional diversity. The implication is that regulators, courts, and contracting parties should treat consequence-equivalence, not procedural resemblance, as the threshold condition for cross-border recognition of consent.
- Research Article
- 10.65393/ijlrv6i810
- May 1, 2026
- INDIAN JOURNAL OF LEGAL REVIEW
- Tara Begum + 1 more
Narcotics trafficking has emerged as one of the most serious forms of organized crime in the modern world, posing a significant threat to public health, social stability, economic development, and national security. In India, the growing menace of drug abuse and illicit trafficking led to the enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which provides a comprehensive legal framework to regulate and control narcotic substances. This research article examines the nature, scope, and effectiveness of the NDPS Act in combating drug trafficking. It analyses the stringent provisions of the Act, including punishment based on quantity, reverse burden of proof, and restrictive bail conditions. The article also evaluates procedural safeguards and highlights the critical role played by the judiciary in ensuring fairness and protection of fundamental rights. Further, it discusses major challenges such as over-criminalization, lack of distinction between traffickers and minor offenders, delays in trials, and misuse of provisions. The study emphasizes the need for a balanced socio-legal approach that integrates strict enforcement with rehabilitation, awareness, and reformative justice. The article concludes that while the NDPS Act is a powerful tool against drug-related crimes, necessary reforms are required to ensure justice, proportionality, and effectiveness in its implementation.
- Research Article
- 10.1108/jitlp-11-2025-0111
- Apr 27, 2026
- Journal of International Trade Law and Policy
- Sai Ramani Garimella + 1 more
Purpose The exclusion of local communities from the formulation, implementation and dispute resolution has been a significant feature of the international investment agreements (IIAs) and the processes thereof. Given that the interests of such communities are necessarily not co-existent with the state, concerns appear with regard to the safeguard of such interests, given that they bear a disproportionate adverse effect of foreign direct investment. Towards addressing this invisibility, this research aims to explore the possibility of the strategic application of non-precluded measures (NPM). The discussion seeks to bridge the gap between investment law and local governance by drawing on the concept of public interest, and explains the deployment of NPM provisions in IIAs. Design/methodology/approach This research engages with an analytical method for traversing and parsing through primary and secondary sources. Findings The findings reveal a glaring absence of literature on the public interest arguments that could be deployed to unmask the local communities’ narratives within investment treaty arbitration (ITA). The nexus requirement – a threshold for utilizing NPM provisions – has been subjected to inconsistent arbitral delineation causing concern regarding regulatory autonomy in matters of public interest. This jurisprudential analysis reveals the tribunals’ investor-centric approach in either avoiding or using the epistemic asymmetry within international investment law to overlook regulatory autonomy in public interest towards ensuring visibility to the local community(s). The research feels that the vagueness surrounding the nexus requirement within the NPM clause could be addressed to strengthen regulatory power. It finds that states should engage with interpretive notes towards ensuring specificity for public interest criteria within NPMs. Research limitations/implications The research is unique as it aims to link the visibility of local communities within International Investment Law to the permissible regulatory space of public interest. Furthermore, it critiques the arbitral awards and the treaty language for their shortsightedness in efficiently addressing public interest concerns, and calls for improved treaty design and interpretive notes for tribunals. Practical implications This research suggests the incorporation of public interest provisions via interpretive notes for NPM provisions within IIAs. It could be viewed as a prelude for revisiting the drafting of NPM provisions to ensure that in matters of public interest of the local communities, tribunals would consider the same as an exception to treaty protection, and therefore address the same as a jurisdictional issue imposing the burden of proof upon the investor to demonstrate that the measure falls outside the NPM clause. Such a characterization would grant a greater deference to the regulatory judgement of the tribunal. The growing incorporation of public welfare NPM clauses supports the view that they are an inalienable part of the normative equilibrium of the treaty. Such improvements would help centre-stage the local community(s)’ arguments in ITA, but also help states shield from compensation actions for injury to the investor. Social implications It demonstrates sensitivity towards the cause of the local communities which otherwise shoulder the investment and its fall out on their cultural, environmental and economic interests. Originality/value To the best of the authors’ knowledge, there is no study available on exploring the linkage between local communities’ narratives and the public interest aspect of NPMs.
- Research Article
- 10.55041/ijsrem61500
- Apr 27, 2026
- INTERNATIONAL JOURNAL OF SCIENTIFIC RESEARCH IN ENGINEERING AND MANAGEMENT
- Karthikeyan Karthikeyan
ABSTRACT Drug trafficking ranks among the gravest threats confronting contemporary societies, cutting across public health, social cohesion, and national security in ways that no single legislative instrument can fully address. In the Indian context, the enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter "the NDPS Act" or "the Act") marked a decisive shift in state policy toward illicit narcotics consolidating a fragmented pre-existing legal architecture, honouring India's obligations under foundational United Nations conventions,[1] and erecting a comprehensive statutory mechanism for regulating every phase of the drug supply chain from cultivation through to financing. The Act's penal philosophy rests on deterrence: offences are graded by the quantity of the substance involved, and commercial-quantity offences attract mandatory minimum sentences of rigorous imprisonment ranging from ten to twenty years alongside substantial fines.[2] Reinforcing this framework are provisions for reverse burden of proof, restrictive bail conditions under Section 37, and enhanced penalties for repeat offenders each reflecting a legislative determination to suppress narcotics-related criminality through the instrument of severe, predictable punishment. Keywords: Drug Trafficking, NDPS Act 1985, Mandatory Minimum Sentences, Proportionality, Judicial Interpretation, Reverse Burden of Proof, Drug Policy Reform, India [1]Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985), Preamble [hereinafter NDPS Act]; Single Convention on Narcotic Drugs, Mar. 30, 1961, 520 U.N.T.S. 151; Convention on Psychotropic Substances, Feb. 21, 1971, 1019 U.N.T.S. 175. [2]NDPS Act §§ 15–25 (prescribing rigorous imprisonment of not less than ten years and a fine of not less than one lakh rupees for commercial-quantity offences).
- Research Article
- 10.1051/aacus/2026040
- Apr 22, 2026
- Acta Acustica
- Romain Viala + 1 more
This paper examines how evidence-based approaches applied to experimental design can enhance the epistemic robustness of research in musical acoustics.Using guitar soundboard bracing pattern as a case study, this paper combines finite element modelling for sample-size planning, vibratory measurements and blind perceptual tests. Two batches of guitars with scalloped or regular bracing patterns of their soundboard are compared, both experimentally and numerically. Treating finite element based methods as an experimental-planning tool, the approach helps determine what counts as a measurable and decision-relevant effect before committing resources to experiments, by quantifying the number of paired samples required for the experimental campaign. Additionally, brace-induced differences, while statistically significant in structural dynamics, are not easily perceptible in informal playing tests. The approach outlines a general workflow for reducing bias, avoiding under-powered studies, and clarifying the burden of proof in applied experimental science.
- Research Article
- 10.4018/ijkm.407996
- Apr 21, 2026
- International Journal of Knowledge Management
- Zhongni Shi + 1 more
Operationalizing the Green Principle in civil law is hindered by difficulties in proving causality for indirect environmental torts. This study proposes a computational knowledge management framework integrating a Neural Network optimized by Genetic Algorithms to bridge this gap. By transforming macro-environmental data into a dynamic Environmental Pollution Index, the model quantifies pollution diffusion and identifies urbanization and energy consumption as key drivers with cross-regional spillover effects. The results demonstrate that this approach converts complex scientific data into explicit legal knowledge, supporting causal presumption and the inversion of the burden of proof. Ultimately, the framework facilitates a shift from post-event compensation to data-driven preventive governance, offering a robust technical foundation for modernizing environmental rule of law through the deep integration of legal theory and computational intelligence.
- Research Article
- 10.59188/eduvest.v6i4.52670
- Apr 14, 2026
- Eduvest - Journal of Universal Studies
- Dilla Hariyanti + 1 more
The return of state assets from money laundering crimes (TPPU) is a strategic component in maintaining the integrity of the financial system, national economic stability, and the effectiveness of the organized crime eradication regime. However, Indonesia's legal regime, which relies on criminal forfeiture—the confiscation of assets after a criminal verdict has obtained permanent legal force—has proven inadequate in dealing with cross-jurisdictional, multilayered, and increasingly complex TPPU. The development of financial technology, digital assets, and the use of shell companies demands a more adaptive approach. This research aims to evaluate the effectiveness of the criminal forfeiture mechanism under Law No. 8 of 2010 and to analyze the urgency of implementing non-conviction-based asset forfeiture (NCB) as an alternative. Using normative legal research methods through legislative, conceptual, and comparative approaches, this study finds that criminal forfeiture faces structural, substantive, and cultural barriers. These obstacles include the low follow-up rate on PPATK reports, the high burden of proof, and the lack of orientation among law enforcement officials toward asset recovery. Comparative studies with other countries show that NCB mechanisms are more effective in cutting off the flow of illicit funds and securing assets at an early stage. This study recommends accelerating the ratification of the Asset Forfeiture Bill, strengthening financial intelligence, and establishing an independent asset management institution as strategic steps to reinforce the asset recovery regime in Indonesia
- Research Article
- 10.54254/2753-7048/2026.zju32770
- Apr 13, 2026
- Lecture Notes in Education Psychology and Public Media
- Haohan Hu
Against the background of minor offence governance, the tendency toward overly wide application of assisting and facilitating criminal activities crime conflicts with its inner requirements. Because of presumption rules in judicial interpretations and case pressures, the judgment of the "knowledge" element has been excessively expanded; thus, this causes an overly simplified confirmation process of "knowledge," a heavier proof burden on defendants, and unclear definitions of the "manifestly abnormal" clause. Therefore, under the guidance of principles including precision in minor offence governance, balanced leniency and severity, and efficiency and fairness equilibrium, we put forward the following: reshaping the judgment's conceptual framework, building an all-round assessment model, and activating the "contrary evidence" rule. These measures will narrow the scope of criminal responsibility, hence matching the demands of the minor offence era.
- Research Article
- 10.1038/s41370-026-00856-9
- Apr 6, 2026
- Journal of exposure science & environmental epidemiology
- Elia Gonzato + 10 more
Current risk assessments of cardiovascular disease (CVD) outcomes attributable to transportation noise rely on estimates from the 2018 WHO Environmental Noise Guidelines. Since the publication of these guidelines, several studies have been conducted to determine the association between transportation noise sources and CVD; however, recent meta-analyses have not derived updated exposure-response functions. We reviewed epidemiological evidence linking long-term exposure to road traffic, railway, and aircraft noise with non-fatal and fatal myocardial infarction, ischemic heart disease, stroke, and ischemic stroke, and derived exposure-response functions using the conventional and Burden of Proof (BoP) methodologies. We systematically searched databases for cohort or case-control studies that determined the associations between non-fatal and/or fatal myocardial infarction, ischemic heart disease, stroke, and ischemic stroke and long-term exposure to road traffic, railway, aircraft noise in general populations. Exposure-response functions were generated using the conventional natural cubic splines and Burden of Proof Risk Function approaches. Twenty-six studies met our eligibility criteria. Road traffic noise was associated with 1% increase in the combined risk of stroke incidence and mortality (RR = 1.01, 95%CI: 1.00-1.02, p-value = 0.04), and with 5% increase under the BoP framework (RR = 1.05, 95%UI: 1.03-1.07). Railway noise was associated with 1% increase in myocardial infarction outcomes (RR = 1.01, 95%CI: 1.01-1.01, p-value < 0.0001), and with 16% increase under the BoP framework (RR = 1.16 95%UI: 1.07-1.26). Of the twelve risk-outcome pairs examined, five showed no evidence of association, four showed weak evidence, and the remainder lacked credible evidence or did not meet the BoP criteria. Compared with the natural splines approach, the BoP framework produced more plausible exposure-response curves. This study adds to the existing literature by providing a comprehensive comparison of the association between long-term exposure to transportation noise sources and CVD outcomes using both conventional and BoP methodologies. This is the first study to apply the conventional meta-regression and Burden of Proof methodologies to systematically quantify and evaluate associations between long-term exposure to transportation noise sources (i.e., road traffic, railway, and aircraft) and combined risk of fatal and non-fatal cardiovascular disease outcomes, including myocardial infarction, ischemic heart disease, stroke, and ischemic stroke. The application of these two approaches to deriving exposure-response functions provides additional insights into the quantification of the burden of disease attributable to transportation noise. Our findings using the Burden of Proof framework on transportation noise and CVD outcomes advance the integration of an additional environmental risk factor and propose new risk-outcome pairs for potential inclusion in the Global Burden of Disease study.
- Research Article
- 10.18572/1812-383x-2026-4-43-47
- Apr 2, 2026
- Arbitrazh-Civil Procedure
- Andrey R Emaltynov + 1 more
The article examines some procedural aspects of court considerations of borrowers’ claims to invalidate a loan agreement concluded as a result of the illegal actions of third parties. The relevance of this issue is due to the rise in fraudulent cases in the online lending sector. Based on an analysis of judicial practice, the authors summarize the circumstances included in the standard of proof in such cases. To protect the weaker side of a substantive legal relationship, the permissibility of shifting the burden of proof to the defendant is argued. The independence of a civil case decision from the criminal classification of the fraudulent actions and their criminal liability is demonstrated. The specifics of enforcing a court decision invalidating a loan agreement are highlighted.
- Research Article
- 10.54648/trad2026010
- Apr 1, 2026
- Journal of World Trade
- Dong Eun Lee
This paper examines the interpretation and application of General Agreement on Tariffs and Trade (GATT) Article XXI(b)(ii) in the context of export controls on dual-use items, a topic of increasing importance as international export control regimes grapple with ambiguities in defining the scope of such measures. While export controls are legitimate when addressing genuine security threats, their exploitation for economic advantage undermines World Trade Organization (WTO) principles. By focusing on the underexplored GATT Article XXI(b)(ii), this study provides a foundation for assessing the legality of dual-use export controls and proposes standards of proof that clarify the level of evidence required to establish facts under the burden of proof. The paper advocates for a balanced approach that acknowledges the sensitivity of security exceptions while mitigating the risk of abuse. It further emphasizes the role of multilateralism in maintaining the integrity of international trade law amidst escalating geopolitical tensions.
- Research Article
- 10.63341/naia-chasopis/1.2026.86
- Mar 31, 2026
- Law Journal of the National Academy of Internal Affairs
- Vahid Norouzi Larsari + 2 more
This study aimed to conduct a systematic, comparative legal analysis of approaches to determining the legal grounds for compensating for damage caused by medical errors in legal relationships involving a foreign element. Comparative legal, formal legal and conflict-of-laws methods were employed, alongside case study and typological methods, to analyse regulatory frameworks and judicial practice in the field of medical liability. The comparative analysis revealed that, although they differ in the normative formulation of the standard of medical care and the mechanisms for its procedural proof, the legal systems under consideration all retain the principle of fault as a mandatory condition for civil liability for medical harm. The German model was found to ensure the highest degree of legal certainty due to the codification of the treatment contract and statutorily defined presumptions. The Czech model was found to institutionalise treatment as a specific contractual type, applying the criterion of care provided in accordance with generally recognised professional medical standards, and allowing for the concurrence of contractual and tortious qualifications. The French model was found to combine the classical construction of civil liability with an institutional mechanism for compensating harm through national solidarity, implemented via the Office national d’indemnisation des accidents médicaux (ONIAM) system. The Italian model was found to be characterised by differentiated liability between medical practitioners and healthcare institutions following legislative reform on patient safety. On the basis of the comparative analysis, a generalised model of proof in medical disputes involving a foreign element was formulated, integrating the following components: substantive grounds of liability determined by contractual or tortious qualification; procedural mechanisms of proof, including presumptions, expert evidence, and redistribution of the burden of proof; and transnational factors, taking into account the application of conflict-of-laws rules, the lex fori principle, and supranational mechanisms of the European Union concerning jurisdiction and the taking of evidence. The practical significance of the findings lies in their potential use by courts and legal representatives for forecasting the risks of refusal to recognise and enforce judgments in cross-border medical disputes
- Research Article
- 10.1097/scs.0000000000012701
- Mar 31, 2026
- The Journal of craniofacial surgery
- Hun Kim + 2 more
The concept of "perfect beauty" persists across mythology, philosophy, and modern aesthetic medicine, yet it remains resistant to proof. This paper approaches beauty through the logical framework of probatio diabolica -the principle that nonexistence is nearly impossible to prove, shifting the burden of proof onto those who claim existence. Beauty, paradoxically, is most compelling when it escapes proof and most vulnerable when subjected to it. Using a tripartite framework drawn from classic mythology and contemporary clinical practice, this paper traces the transformation of beauty from generation to proof and finally to ethical intervention. Aphrodite represents beauty as generation: an emergent, affective event that precedes language, measurement, and justification. Helen of Troy embodies beauty as proof, where appearance is burdened with moral, political, and historical consequences, rendering beauty explanatory yet destructive. In modern contexts, this logic is amplified through algorithmic quantification and aesthetic metrics, producing a contemporary "Helen" in which beauty becomes data. Within this trajectory, the surgeon occupies a distinct ethical position. Rather than creating or proving beauty, ethical surgical practice intervenes to suspend the demand for proof-aiming not at perfection, but at sufficiency. Successful reconstructive and aesthetic surgery restores a face to a state requiring no explanation, comparison, or defense. The paper argues that perfect beauty fails not because it is unattainable, but because the demand to prove it undermines lived aesthetic experience. By resisting probatio diabolica , aesthetic medicine aligns itself with a humane and ethically grounded understanding of beauty-one that is generated, encountered, and ultimately released from judgment.
- Research Article
- 10.15539/khlj.61.1.5
- Mar 30, 2026
- Kyung Hee Law Journal
- Hyun-Hee Lee
The imposition of taxes, which restricts the property rights of citizens, must be grounded in law in accordance with the constitutional principle of statutory reservation. In the case of national taxes, which constitute the majority of taxation, the calculation of taxable income should, pursuant to the Framework Act on National Taxes, conform to substantive reality. Such substantive reality is, in principle, verified based on accounting books and related evidentiary materials prepared in fulfillment of the taxpayer’s duty to cooperate. However, it is unrealistic to assume that all taxpayers will faithfully comply with such obligations. Accordingly, individual tax statutes provide for estimated taxation as a supplementary mechanism to substantive taxation in order to prevent gaps in taxation even under exceptional circumstances. The estimated taxation system is thus justified in terms of ensuring tax equity and preventing the loss of tax revenue. Nevertheless, while the current legal framework prescribes the requirements and methods of estimated taxation, it does not clearly regulate key legal issues such as its application, procedural aspects, or the allocation of the burden of proof. As a result, the relevant legal principles have largely been developed through judicial precedents and administrative interpretations. In this context, the Supreme Court decision of December 12, 2024 (2024Du49469) held that the tax authority’s method of calculating taxable income constituted an impermissible mixture of direct investigation and estimated assessment, and thus was unlawful. This decision raises two significant issues: first, the distinction between direct investigation and estimated assessment; and second, the allocation of the burden of proof, which is a decisive factor in tax litigation. Based on this problem awareness, this study first examines the general theory of the burden of proof developed in civil litigation, and then analyzes the structure of burden allocation across different types of litigation. It further explores, through case law, the allocation of the burden of proof in tax litigation, and examines the requirements and methods of estimated taxation under the Corporate Tax Act. Ultimately, this study aims to clarify the legal significance and limitations of the subject decision and to contribute to a proper understanding of the legal principles governing the application of estimated assessment.
- Research Article
- 10.5539/jpl.v19n3p1
- Mar 29, 2026
- Journal of Politics and Law
- H J M Boukema
The war on drugs is not going well, but calls to legalize drugs are premature. Consequences for public health would be grim, and public order will hardly improve, because current criminal organizations will diversify their business, and just carry on. An addition to current repression of the drug business is worth trying: to break up the drug economy by confiscating its profits. Reverse the burden of proof in administrative and tax law that suspicious property has legitimate origins and financing, with all taxes being fully paid and on time. That procedural remedy can be used in addition to current ways of repression, which hopefully can be scaled back eventually. The Treasury will benefit. Reversing the burden of proof is the practical thing to do, because it is efficacious, simple, civilized, and non-violent, but confiscatory justice will draw opposition from vested interests and guardians of the rule of law, who presently shield a drug economy that unleashes horrors beyond measure.
- Research Article
- 10.1017/psa.2026.10205
- Mar 27, 2026
- Philosophy of Science
- Kok Yong Lee
Abstract The probabilistic no-miracle argument (NMA) for scientific realism has faced significant criticism from Colin Howson’s base-rate fallacy objection, which claims the argument violates Bayesian reasoning principles. This paper argues that such criticisms are premature. Through systematic mathematical analysis, I show that, for theories with high predictive precision, NMA would be inferentially fallacious only if opponents assume prior probabilities of approximate truth that are either “miraculously low” or “super-miraculously low.” These assumptions are implausible, question-begging against realism, and unsupported by standard anti-realist arguments. The burden of proof thus shifts to critics to justify these extraordinary claims about prior probabilities.
- Research Article
- 10.52468/2542-1514.2026.10(1).114-123
- Mar 25, 2026
- Law Enforcement Review
- K S Tishkovich
The subject of the article. Traditionally, it is used to assess the legality of actions taken by participants in civil matters. Nevertheless, although the concept of "vice of will" is deeply developed in civil law, its application to labour relations remains ambiguous due to the specific socio-economic nature of labour and the special legal mechanisms designed to protect the interests of employees.The purpose of the study. Development of a special approach to the use in labor law of categories borrowed from civil law related to the vice of the will, as well as special rules for identifying defects in the will of the employee.Methods. Empirical methods of comparison, description, interpretation as well as formal legal method.Conclusions. The admissibility of applying analogies and uncontrolled use of terms from civil law in labour dispute judicial practice are refuted, and a set of special rules is proposed for consideration in cases where it is necessary to establish defects in the will of an employee. Among these rules is the need to maintain a balance of interests between the parties to labour relations as a defining principle in adjudication on the matter of establishing the will of the parties. The freedom of defining the legal terms of any agreement between an employee and an employer, in the absence of legal restrictions, should in any case be limited by the inadmissibility of attributing objective risks associated with the employer's business activities to the employee. At the same time, the application of "contra proferentem" interpretation to disputed terms, with the burden of proof placed on the employer to demonstrate the employee's voluntary consent to such terms, is permissible only if the employee provides evidence of the clearly and obviously onerous nature of these conditions. The priority of the actual will of the parties and the refusal to recognize the legal significance of the expression of will is possible in any case in the absence of signs of bad faith referring to the depravity of the party, declared within the time limits prescribed by law to appeal to the court, provided that such a decision will not entail violations of the requirements of the law or other legal act or infringe on public interests. If circumstances of vice of will are identified, arising from lawful managerial decisions of the employer or the likelihood of such decisions being made regarding the employee, the legal consequences are inapplicable. The assessment of the appropriateness of the employer's lawful managerial decisions should not be subject to judicial review.
- Research Article
- 10.56087/h69d4610
- Mar 16, 2026
- COMPENDIUM OF JUDGE MADE LAW
- Muh Rifaldy Palorongi Hamid + 2 more
This study aims to examine the application of the reversal of the burden of proof in gratification-related corruption cases, using Decision No. 45/Pid.Sus-TPK/2021/PN Mks as a case study. In the context of Indonesian law, the reversal of the burden of proof is a legal mechanism that enables defendants to demonstrate that the gratuities received are not connected to acts of corruption. This research adopts a normative juridical method combined with a case study approach to analyze how judges interpret and implement the reversal of proof provisions as stipulated in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001 on the Eradication of Corruption. The findings indicate that the panel of judges concluded the defendant failed to prove that the received gratuities were unrelated to their official position or authority. Consequently, the reversed burden of proof did not exonerate the defendant from legal accountability. These results highlight the inherent challenges defendants face in fulfilling the evidentiary burden and underscore the necessity for a comprehensive understanding of both substantive and procedural aspects of law in the application of reversed proof mechanisms. This research is expected to contribute to the development of criminal procedural law, particularly in corruption cases in Indonesia.