Decisory oath

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According to John Henry Merryman, "The Decisory Oath worked in the following way: Party A could put Party B on his oath as to a fact at issue that was within Party B's knowledge. If Party B refused to swear, the fact was taken as conclusively proved against him. If Party B swore, the fact was taken as conclusively proved in his favor." [1] Mary Gregor explains that this procedure was "designed to protect the judge from threats from the wealthy and the powerful." [2]

Oath Personal affirmation of a statement

Traditionally an oath is either a statement of fact or a promise with wording relating to something considered sacred as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to give an affirmation instead. Nowadays, even when there is no notion of sanctity involved, certain promises said out loud in ceremonial or juridical purpose are referred to as oaths. "To swear" is a verb used to describe the taking of an oath, to making a solemn vow.

Knowledge is a familiarity, awareness, or understanding of someone or something, such as facts, information, descriptions, or skills, which is acquired through experience or education by perceiving, discovering, or learning.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Notes

  1. John Henry Merryman, The Civil Law Tradition (Stanford: Stanford University Press, 1969): 126, as cited in Immanuel Kant, The Metaphysics of Morals, ed. Mary Gregor (Cambridge: Cambridge University Press, 1996): 83n25 (emphasis added)
  2. Kant, loc. cit.


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