ИРАЦИОНАЛНА ДОКАЗНА СРЕДСТВА
IRRATIONAL EVIDENCE

Summary/Abstract: The main purpose of this article is to examine the irrational means of evidence known to many of the early legal systems. These types of proofs were predominantly used in ancient and medieval societies, characterized by a strong connection to religion. Therefore, many of the irrational means of evidence rested on the presumption of God’s involvement in judiciary proceedings. The presence of God was perceived as crucial to avoiding infliction of pain and suffering to innocent individuals. The author provides examples of the oaths and other ordalias as pieces of evidence in Serbian medieval and XIX century law. After a careful and methodical analysis, the author concludes that irrational means of evidence occurred in specific social and cultural milieus, and carried out the intended social function properly, by the standards of that time. The presence of oath as an inherently irrational means of evidence in certain contemporary legal systems – such as the formal oath of the American President; shows that irrational evidence is anthropologically intrinsic to many societies, and that it should not be connected solely to the primitive mentality and frame of mind.

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