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Showing 18 results for Evidence


Volume 0, Issue 0 (2-2024)
Abstract

Review and analysis of verbal thought prevailing over syntactic principles are important phenomena in Arabic Linguistics; a thought which as a general principle dominating syntactic science seems trivial comparing to that general issue. From a long time ago, a syntactic science which grasps the structure of Arabic language has occupied the mind of old and contemporary linguists of this field of thought; a science which seems essential for logical understanding of Arabic language structure. Among the fourfold syntactic principles, review and analysis of this verbal thought regarding the issue of “audition”, which is another evidence of syntactic principles such as “analogy” and “consensus”, persuades us to carry out this study. The study focuses on the viewpoint of two old and contemporary linguists and scholars of syntactic principles named al-Suyuti from the ninth century and Tammam Hassan of the contemporary time. Having a descriptive-analytical approach, existing resources and lingual data were reviewed. The results show that regarding the audition’s evidence and one of its resources which is the issue of citing Quranic readings to regularize syntactic rules, al-Suyuti of the ninth century, considering his religious concern, accepts citing all kinds of readings by considering “اﻟﻘﺮاءه ﺳُﻨﺔٌ ﻣُﺘَّﺒَﻌَﺔٌ ولا تُخالَف” but Tammam Hassan accepts citing readings by considering the condition of “مستندهٌ بالأسانید المعتبره””. On the issue of citing the Prophet’s hadiths, al-Suyuti accepts the views of al-Shatibi which are conditioned but Tammam Hassan believes that citing hadiths quoted by meaning is acceptable for regularizing syntactic rules because they

Volume 3, Issue 2 (6-2023)
Abstract

According to conciliationist (reductionist) argumentations in epistemology of disagreement, disagreement with an epistemic peer, due to epistemic symmetry, reduces the confidence in the justification. But many religious believers are not willing to take the existence of epistemic peer disagreement. They think that they have different evidence for their religious beliefs and, hence, aren’t really epistemic peers with their opponents. They present private evidence, especially religious experiences, as a symmetry breaker. For this reason, some reductionists have argued to defend the reductionist position. In this article, we examine the responses of the reductionists to this challenge. In one of these answers, it is added an “alternative explanation or story” to the conditions of epistemic peer and claimed that the true epistemic peer under full disclosure should takes into account private evidences or experiences and gives a good story or explanation about why such experiences aren’t as efficacious as the religious person might think. We show that the “alternative explanation” presented by reductionists is not readily available in the most of the religious disagreements.
 



Volume 5, Issue 1 (1-2025)
Abstract

Proof paradoxes refer to situations where statistical evidence indicates that a suspect is the perpetrator, yet a conviction based solely on this evidence appears counterintuitive. The prevailing approach to addressing proof paradoxes involves establishing a criterion for distinguishing naked statistical evidence from other types of evidence. Smith introduces normic support as a criterion for the aforementioned distinction. Conversely, Di Bello proposes a modified version of normic support, arguing that the absence of access to undercutting defeaters in naked statistical evidence distinguishes it from other forms of evidence. In this research, we argue, in line with Pollock's perspective, that undercutting defeaters can still be accessed in the context of naked statistical evidence. Furthermore, by focusing on an example of proof paradoxes and drawing on Pollock's arguments - illustrated quantitatively by the base rate fallacy - we demonstrate the effectiveness of undercutting defeaters. Consequently, Di Bello's argument appears to be questionable.
 

Volume 8, Issue 2 (6-2020)
Abstract

Aims: In the present study, random forest (RF) and support vector machine (SVM) were used to assess the applicability of ensemble modeling in landslide susceptibility assessment across the Kolijan Rostaq Watershed in Mazandaran Province, Iran.
Materials & Methods: Both models were used in two modeling modes: 1) A solitary use (i.e., SVM and RF) and 2) Their ensemble with a bivariate statistical model named the weights of evidence (WofE) which then generated two more models, namely SVM-WofE and RF-WofE. Further, the resulting maps of each stage were dually coupled using the weighted arithmetic mean operation and an intermodal blending of the previous stages.
Findings: Accuracy of the models was assessed via the receiver operating characteristic (ROC) curves based on which the goodness-of-fit of the SVM and the SVM-WofE models were 0.817 and 0.841, respectively, while their respective prediction accuracy values were found to be 0.848 and 0.825. The goodness-of-fit of the RF and the RF-WofE models respectively was 0.9 and 0.823, while their respective prediction accuracy values were found to be 0.886 and 0.823. The goodness-of-fit and prediction power of SVM and SVM-WofE ensemble were respectively 0.859 and 0.873. The same increasing pattern was evident for the ensemble of RF and RF-WofE where their goodness-of-fit and prediction power increased, respectively, up to 0.928 and 0.873. Moreover, the goodness-of-fit and prediction power of RF-SVM ensemble were increased up to 0.932 and 0.899, respectively. The results of the averaged Kappa values throughout a 10-fold cross-validation test as an auxiliary accuracy assessment attested to the same results obtained from the ROC curves.
Conclusion: Successive intermodal ensembling approach is a simple and self-explanatory method so far as the context of many data mining techniques with a highly complex structure has been simply benefitted from the weighted averaging technique.


Volume 9, Issue 1 (10-2019)
Abstract

This research answers to three main questions:  what, why, and how to develop evidence-based human resource management. A systematic review (SR) is used in literature review and qualitative interpretative meta-synthesis (QIMS) in synthesis and interpretation of data. 25 original articles were selected during the search, synthesis, and interpretation process, which eventually led to uptake of five dominant views about the concept of evidence-based human resource management (EBHR). Also, using this approach we found that it will improve the organization's outcomes and increase its competitiveness. Finally, by referring and exploring the literature on how to develop this approach in medical and health care field, we provide a framework for developing the model that is consist of thee sectors: process of evidence-based practice in human resources, influential factors or organizational determinants, and external factors or determinants. Each of these sectors will improve and develop evidence based practice approach in human resources management.
 

Volume 9, Issue 38 (5-2021)
Abstract

Recognizing the history of culture governing the current's traditional societies is one of the important and significant issues which has been studied by domestic and foreign investigators. Archaeologists are among the researchers, accompanied by other interdisciplinary investigators, who can reconstruct the culture of our ancestors through the findings obtained from exploration, and match them with various aspects of nomads and tribes. In the present investigation, it has been tried to study the customs of Bakhtiari people. The main aim is to study the micro-cultures which have been expressed in the life of Bakhtiari people in the form of some customs of ancient Ilam. The assumptions of this investigation are based on the following questions: which customs of ancient Ilam have been inherited by Bakhtiari people? Which aspect of their life have been influenced by this expression? The method is descriptive-analytical along with field survey via a historical approach. In this investigation, 23 archaeological works from ancient Ilam civilization have been studied. The results of the research indicate that the customs of people who are now known as Bakhtiari are somewhat the lineage of the people who lived as a strong government of ancient Ilam in the region. Although the cultural and population complex of Bakhtiari has significantly changed during thousands of years, there is still an evidence implying that they are the heirs of old culture of ancient Ilam.
 


Volume 10, Issue 1 (11-2018)
Abstract

The Miankouh district in the southwest of the Ardal County is one of the most mountainous areas in Chaharmahal and Bakhtiari province. During three season of archaeological surveys conducted from 2008 to 2011 six hundred sites, spanning from Middle Paleolithic to the Ghajar period have recorded Parts of the Miankouh region, including Haft-Cheshmeh and Gareh mountains with elevation of more than 3500 m, have cool winter and moderate summer, while other parts with elevation between 1100 to 1800 m altitude have hot summer and cool winter. Therefore, the region has been suitable for forming and developing human occupations by pastoral subsistence from ancient to modern time.Today, the slopes of Gareh and Haft-Cheshmeh mountains with elevation higher than 3000m are being used by Bakhtiari nomads, a pattern that may has been well existed in the past as archaeological data suggest. Most recorded sites particularly those of the Neolithic period (9 sites) are located in large and small valleys and sloped grounds, a pattern that prevail today among nomadic campsites as well.. Their shared factor is their location which is close to modern nomadic encampments (in local dialect: Vaargah). All ancient sites in the survey area demonstrate short-lived settlement, in most cases representing a single-period occupation, but in few examples have been resettled for a short period in latter times. Location of such sites on foot of slopes and lacking raised parts indicate their nature as a short-lived nomadic sites

Morteza Shahbazinia1, - -,
Volume 13, Issue 4 (12-2009)
Abstract

In the evidence substantiation of claims system, genuineness of instrument has important role on its validity. The original copy of document is a confident criterion for assessment authenticity and integrity of the document. If "original" is defined as a medium on which information was fixed for the first time, it would be impossible to speak of "original" electronic evidence. Conversely, electronic evidence is intangibility, therefore, the concept of "original" in the electronic evidence is different but the electronic evidence can provide the same function by technical methods as original copy of the document in paper form. Also the concept of manipulation and the way of appraising the validity of instrument have been changed in this evidence. In this paper, the above-mentioned topics are studied.
Abbas Tadayyon,
Volume 14, Issue 2 (7-2010)
Abstract

 Criminal law history shows that penal evidence system has gone under drastic and frequent changes. In the ancient law and the ancient European accusative procedure system, use of ordeal evidence was normal for crime proving and this evidence had judicial validity and value and resort to it had been accepted for crime proving. Rome Empire and Middle Century European law/authorities progressively attended to legal evidence and in the French revolution, the way of the judge conscientious convincing become alternative of legal evidence system that nowadays it emerges in criminal procedure code of this country too. Iranian legislator accepted the moral proof system in 1290 but combined the penal procedure code with the legal proof system. .
Abbas Karimi, Rahim Mokhtari2, Ebrahim Taghizaadeh3,
Volume 16, Issue 4 (12-2012)
Abstract

In the new legislations, in order to explore truth, there is a tendency to increase the adoptions of juridical judge like what it is in penal affairs. Also there is a tendency for having more trust in the judge in this field. Therefore, the rules that limit the recognition power of the judge are decreasing, and the traditional view on the basis of separation between judicial litigations and penal litigations for proof has been diminished to some extent. The principle of judicial evaluation freedom of civil evidence like penal reasons has been accepted in most of the systems at present. According to the modern purpose of civil judgment, namely the exploration of truth, the acceptance of this principle should be considered as the effect that the legislators see it as exploration of truth. According to the existence evaluation, the judicial judgment is not the agent of hostility disjunction, and he/she is not the storyteller like before, rather the principle of reasons evaluation freedom creates this possibility that, according to this possibility, the judge does not only act according to the appearance of evidence that refers to the general science, rather he/she can access to conscience continence. This is the way for access to real truth. In this article, beside offering the correct concept of evidence evaluation and relying on the possibility of judicial evaluations of all reasons, we study its effect on judgment.

Volume 18, Issue 1 (2-2011)
Abstract

Archaeology is growing science that continues to discover the material remains of man; hence, it is the best evidence to understand human relations that too shows close co-operation between the neighboring countries, especially Iran and India (present Pakistan). Right from Bronze Age when man started building a better social organization, archaeology presents positive evidences for economic and technological cooperation to boost their living standards. In the case of Indian Sub-continent, the earlier rural evidences from Kili Gul Muhammad (Kili=Urdu word, stands for "Fort") , Zhob and Loralai valleys of Baluchistan show a continuous growth pattern until they reach to mature stage of Indus Archaeology is growing science that continues to discover the material remains of man; hence, it is the best evidence to understand human relations that too shows close co-operation between the neighboring countries, especially Iran and India (present Pakistan). Right from Bronze Age when man started building a better social organization, archaeology presents positive evidences for economic and technological cooperation to boost their living standards. In the case of Indian Sub-continent, the earlier rural evidences from Kili Gul Muhammad (Kili=Urdu word, stands for "Fort") , Zhob and Loralai valleys of Baluchistan show a continuous growth pattern until they reach to mature stage of Indus Civilization that presented by the cities of Mohenjo-Daro and Harappa. It seems that such urban pattern could not develop without its deep contact with the Bronze Age Culture of Iran, as evidenced from the excavations of Bampur, Tepe Yahya, Tepe Sialk and Tepe Hissar. Hence, according to archaeological evidence, one can say the people of Iranian Plateau and those of its extension into Baluchistan and even in Sindh maintained a close trade and commercial relationship. In the beginning of the 4thMillennium B.C., trade spread simultaneously with the art of pottery and the human effort for having agricultural products, and commerce started between the Western and Eastern world. Barley and wheat from Iran were exported to Egypt and Europe, and millet from India was exported to the West via Iran. Plenty of seals and identical ornaments found in Iran and throughout the vast Indus Basin and the areas of Mesopotamia and Central Asia are evidences of the simultaneous expansion of trade in the Great Iranian Plateau. This article tries to discuss and prove that the gradual progress in this vast basin, especially in ancient sites of Iran and Western India could be possible through road links, such as Silk Road, and it strengthens the claim and leads to the point that this link has been solely through growing trade and commerce. The next point, it will express that this trade not only was responsible for the emergence of the stimuli for the development of simple and original settlement in a section of the proposed area but also developed cultural relations especially in the patterns of urbanization, architecture and arts which is highlighted in two ancient cities, Shahr-i Sokhta in Sistan (Iran) and Mohenjo-daro in Sindh (Pakistan), in 3rd Millennium B.C.
Morteza Shahbazinia, Soheila Dibafar,
Volume 18, Issue 3 (12-2014)
Abstract

 . International Commercial Arbitration is one of many possible procedures for the settlement of disputes in regards to economic transactions. It is based on the consent of parties, and its arbitrator is appointed by the parties. The arbitrator will be powered to settle the dispute, and give a binding decision that will be given execution by the courts. Therefore, it is necessary that we clarify two subjects: first, the dispute should be clear and specific in order that the arbitrator can settle it; and second, if the parties present real and convincing evidence to the arbitrator in order that he is able to discover facts. In this regard, we are faced with two questions: 1) If the claims and defences of parties are vague and indefinite, how the arbitrator will determine them? and 2) If the discovery of fact needs evidence that is in the possession of the party or a third party but they refuse to provide to it the arbitrator, how the arbitrator can take it? In addition, the principle of broad powers of the arbitrator in the international commercial arbitration has been accepted; however, it is unclear. According to the principles and rules of national and transnational civil procedures, this article seeks to explain the role of international arbitrator in solving the above problems. We will say that the arbitrator can determine the dispute to settle by relying on his broad powers, and that he can discover and take requested evidence to proof the dispute, but he may face with restrictions causing to limit his initiatives.  
   
Elias Yari1, Morteza Shahbazinia2*,, Mohammad Issaei Tafreshi3, Majid Ghamami4,
Volume 19, Issue 1 (5-2015)
Abstract

   Provision of new evidence at appellate stage, despite a new  claim, does not   contradict with the two-phased proceeding. Although the standard of nobility of evidence in the Civil Procedure Code of Iran has not been mentioned clearly; however, by drawing attention to the process of enactment of some articles of the Civil Procedure Code, two different criteria can be inferred. By relying on section ‘’C’’ of article 348, and articles 96, 220 and 219 of Civil Procedure Code, we can deliver a strict definition of new evidence, and it will be evidence that has not been provided in the first instance’’. Accordingly, those pieces of evidence that, in spite of being provided, for whatever reason have not been examined by the first instance court, will not be considered new ones at the appellate phase. Based on the second approach, as our case law inclines to, all pieces of evidence that have not been verified at the court of first instance, are providable at the appellate stage. In the UK, a conception similar to the first standard, but narrower, has been accepted; accordingly, new evidence must  not be provided at the first instance stage, and the applicant proves that it was out of reach, even though reasonable and normal efforts were made. Additionally, evidence must be of credibility and has impact on the result of action.    
* Corresponding author’s E-mail: shahbazinia@modares.ac.ir
Mohammad Molodi1, Rasoul Farhani2,
Volume 19, Issue 2 (9-2015)
Abstract

Increasing production and storage of electronic documents and information is one of the major consequences of development of IT. Accepting the probative value of electronic documents and information, they have become one of the most important and common evidences proving in litigation. Today, in many cases, the parties of litigation are compelled to exploit this type of probative evidence for proving their claims. When electronic documents and information related to  litigation are in control or possession of the defendant, the other party can request their disclosure for his/her own proving claim. According to the request, the defendant is required to disclose in a four-step process to provide the requested electronic documents and information. The current research seeks to comparatively analyze the conditions governing the electronic documents and information disclosure as well as their sanction in English, American and Iranian law.                                                                                                                               

Volume 19, Issue 10 (10-2019)
Abstract

Condition assessment is one of the most significant techniques of equipment health, repairs, maintenance, and management. Prognostics and Health Managemen (PHM) methodology cycle is a developed form of Condition Based Maintenance (CBM). Condition assessment is the most important step of this cycle. In this study, based on the presented model, the Remaining Useful Life (RUL) is estimated using equipment condition assessment. Using the simulation and forecasting of a new feature for the vibration of the equipment (Kurtosis-Entropy) by Autoregressive Markov Regime Switching (AMRS) method, equipment health condition is determined. Prior to forecasting the condition of the equipment, the equipment degradation state is determined by the fuzzy C-means clustering method. Based on the current state of equipment and pre-determined state of degradation, the remaining useful life of the equipment is estimated. In order to evaluate the model, the experimental data from the FEMTO-ST Institute, which is provided to estimate the remaining useful life of the bearing, was used and the results of the study are compared with the rival models. The innovation of this paper is the use of fuzzy C-means, a new approach to evidence theory for data fusion, and the use of the Markov switching model for prediction.


Volume 21, Issue 4 (10-2014)
Abstract

In its course of evolution, the Sassanian rule accepted a change in temporal exigencies, condition and manner of governance of each ruler where more attention was paid to the institutional establishment, grades/ranking, titles, symbols and administrative hierarchy. In a way, the organizational manner, to a larger extent, could engulf the period into a curtain of ambiguity. One of those ranks was Vuzorg Farmzar that apart from having equivalents in different periods of time, with respect to its real application, encountered with sectional and temporal confusion as well. As such, an increase or decrease in jurisdiction of the above rank was influenced more by policies of each emperor. According to this fact, the issues which are to be dealt with in this article are: Which title was synonymous to the word “grand vizier” or “Vuzorg Farmzar” in the early Sassanid era? In which era of Sassanid dominion, the title “Vuzorg Farmzar” was addressed as “Hazarpat”? How was the factional evolution of the position of “Hazarpat”? This research is concerning to show that the word “Bidakhsh”, is a title that in the early Sassanid era was employed to endow titles of person such as “grand vizier” or “Vuzorg Farmzar” and after some time it was completely forgotten. The word “Hazarpat” was one of the other titles which was equivalent to “Vuzorg Farmzar” in the middle Sassanid era and we can distinguish three Functional phases for it: It was a militaristic position in the early Sassanid era, a militaristic- civil jurisdictive position in the middle era and a militaristic position once again at the end at of Sassanid era. Taking into account historical sources and epigraphic records, the current research tries to find out the basis and essence of “Vuzorg Farmzar” and titles synonymous to it as well as their actual or the honorary functions during the era In order to clarify, the extent of governance and administration establishment, on the top of which was the “grand vizier” (Vuzorg Farmzar). To achieve this goal, the connections of the titles such as “Bidakhsh”,“Hazarpat”, “Vuzorg Farmzar” and “Sepahbad” are questioned, by determining the existence, primacy and recency of these titles in epigraphic records and also in the historical sources in which the functional jurisdiction of these titles mentioned,the accuracy or inaccuracy of these hypothesis would be distinguished.
Soheila Dibafar, Morteza Shahbazinia, Fereidoon Nahreini,
Volume 24, Issue 3 (12-2020)
Abstract

In the field of private international law, one of the most important issues in litigation is the determination of the law governing the evidence of a lawsuit. At first glance, it may seem that the issues of proof are closely related to the realm of formal law As a result, it is subject to the conflict resolution rule mentioned in Article 971 of the Civil Code, which is based on the principle of independence and national sovereignty of countries and is exclusively governed by the formal law of the seat of the court. However, the rules related to the evidence of litigation have a dual nature (both formal and substantive) and have an obligatory and optional nature. As a result, the law governing them will be different. The purpose of this article is to examine the determination of the law governing the evidence of international claims. In describing the nature of the rules of evidence, courts should consider whether the application of a rule of evidence affects their substantive decision or the regulation of litigation. If the said rule is described as substantive, it is subject to the foreign law governing the subject matter of the dispute, Unless, the subject matter of the dispute is related to the public order of the court. In this case, the law of the seat of the court takes precedence over the application of foreign law. The principle of freedom of will of the parties is to some extent effective in determining the law governing the substantive rules of evidence.

Bebe Fatemeh Borumand, Morteza Shahbazinia, Asghar Arabian,
Volume 24, Issue 4 (12-2020)
Abstract

In current world, cases referring to arbitration as means of resolving dispute is an undeniable necessity. Due to some deficiencies in Iranian legal system, strengthening this institution seems to require protective of other legal instruments; one of the most important of which is the principle of good faith. Since currently there is no specific criterion for behaviors with good faith in Iranian arbitration laws of our country. This article by examining the principle of fair trial, introduces criteria and factors such as "Clear Hand, Prohibition of inconsistent behavior, Timely production of documents, Prohibition of Evidence hiding" as standards for measuring the parties behavior in obligation to good faith and continuity during the arbitration proceeding. Procedural of good faith concerns proper enforcement of principles of arbitration. Therefor it leads the arbitrators and the parties to the effectiveness of arbitration. In this article by investigating the laws related to arbitration in English and Iranian law and judicial proceeding, analyzes these standards using descriptive-analytic method and the obligation of arbitration parties in this regard and English and Iranian legal system approaches has been examined.

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