The word judgment is associated with the rational capacity of the human being that allows him to differentiate the good from the bad, but it is said that an individual lacks this when his mental capacity makes it impossible to distinguish between right and wrong (moral judgment) since he does not you can judge your actions with absolute clarity of reasoning. It is also a legal, political and juridical process to solve a crime, infraction or crime before a judge or magistrate.
What is judgment
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It is the ability of a person to reason and distinguish between a good and a bad action and, after an analysis, carry out an action according to their reflection on the matter, and this is related to the philosophy judgment. The term with which the thought judgment is related is that the judgment comes from the reasoning of the mind, because in the mind analyzes are carried out on what is correct and ethical.
From an ethical point of view, one can speak of moral judgment, which is the ability to differentiate between good and evil after evaluating an event; since, while the first term refers to the power of discernment, the second to good and bad behaviors. In other words, the right trial also refers to a legal procedure in which the guilt or innocence of an individual will be determined before an alleged criminal act.
In spiritual terms, the term "final judgment" is that at the end of time, each human being will be judged by his way of conducting himself in life. This belief is rooted in monotheistic religions such as Judaism, Christianity, Islam, and Zoroastrianism.
This term can be very broad and is used in many areas, several of which will be explained in the following sections.
The etymology of the term "judgment" has its roots in the Latin word judicium, which means "verdict"; accompanied by the suffix ius, which is translated as "right" and "law"; as well as the term dicare, translated as "indicate." As we can see, this word is synonymous with sanity, discernment and good sense.
Trial in law
This term in law is synonymous with process, in which it is understood as the action and effect of judging on a legal level. It is also understood as a procedural and criminal act where there are two counterparts, who will present testimonies and evidence for their defense. It is a tool for a court to determine the resolution of a dispute, which will be determined by a jury and a judge, who will issue the ruling in favor of one of the parties.
In this process the parties intervene, who initiate and dispute it; the lawyers, who will defend the parties and present their case; a judge, who will present the ruling; the prosecutors, who will defend justice; in the event that the native language of one of the parties is foreign, the presence of a translator will be required; the witnesses, who will attest to the facts; and the jury, made up of a group of people who will assess the evidence and everything related to the case. There are several types of legal proceedings, among which the following may be mentioned:
Criminal trial
This refers to that legal procedure in which a penalty is identified, investigated and imposed according to the criminal act committed that is subject to trial and that is stipulated in the current statutes contained in the Penal Code. This is characterized by dealing with matters of serious misconduct or some type of crime.
- Investigation phase: it is the second phase, in which the lawyers of both parties will record the evidence in favor of their allegations, will present the witnesses of their case, among other elements. This is preceded by the pre-instruction, which is the one in which the evidence of the facts that will be put to trial is presented, at the same time that the participation of the accused in them is verified.
- Oral trial phase: at this stage, all the elements of the case gathered in the first phases will be exposed before the judge, who will submit to an exhaustive analysis all the evidences, tests, results of expert opinion and testimonies of the witnesses, and that as The result will issue a ruling, which will establish the punishment for the accused or defendants if their guilt is proven, or will decide that they are exonerated if their innocence is proven.
Civil trial
In Mexico, it is a judicial process that is carried out before a court or court. Said procedure is a succession of judicial acts that are carried out between the parties involved and the body that will be in charge of handling the case, which will consequently rule in favor of the one who is correct within the framework of the laws. It must be done in a limited period of time, it serves to raise a claim and here only the lawyers intervene to make it faster and less tedious.
This process has four stages, which are the application stage, in which the plaintiff begins the process by informing the court of what right was violated and the applications are submitted; the evidentiary stage, in which the judge obtains basic information on the requests of each party, in which the evidence is offered, admitted, prepared, discharged and assessed; the conclusive stage, in which the reasoning and proposals of each of the parties involved are offered, and which can be presented in writing or orally; and the trial as such, whose action will be taken by the judge.
Administrative judgment
Previously called a nullity trial, this is the one that is carried out when there are irregularities in the field of Public Administration, in which it is sought to challenge an act that affects the authority itself.
In this procedure, both parties allege their cases, and this type of trial is carried out when it relates to the administration (with the Public Administration or some type of responsibility in which the violation or breach of a contract or public responsibility is involved.. There are several types of these administrative processes: ordinary, abbreviated and special cases.
The abbreviated is an oral process in which the parties involved allege their arguments, in this case with matters related to immigration; ordinary, which begins from a writing that must be introduced in a short term and then the defendant must respond to it; and the special cases that attend those who are involved with the violations of a person's rights regarding the suspension of agreements.
Labor judgement
It is the one that takes place when there are disagreements between the employee and the employer, especially when the employment relationship has ended for various reasons. In Mexico, the Federal Labor Law establishes that the procedure that must be carried out begins when the employee files the claim against his employer; then a hearing will be held in which an attempt will be made to reconcile both parties; if the claim proceeds, the plaintiff will present his claim and it must be answered.
Summary judgment
This refers to the process in which two lawyers are the ones who will participate as they are representatives of the parties involved, so that the process is short and simple, without involving unnecessary formal procedures of a common trial.
This is characterized by having a duration of approximately two years, unlike the rest of the cases in which it can last around four years; Furthermore, it is a verbal process, although it does not exempt written documents from being presented.
It should be noted that when the summary procedure is applied it is done by virtue of said general applicability; for its part, there is also the possibility of changing an ordinary procedure for a summary procedure during the course of a trial.
Examples
A very prominent example was the Chapo Guzmán trial, considered the trial of the century, being the largest trial for drug trafficking in the history of the United States, in which nothing more than the crime of being the leader of the Sinaloa cartel for 25 years, he was already deserving of life imprisonment according to the law.
One famous case was the impeachment of former US President Bill Clinton over the scandal over the former president's out-of-wedlock affair with a White House intern. Ultimately, Clinton was exonerated.
A historical one was that of the scientist Galileo Galilei, who was put on trial before the inquisitorial court because he claimed that the Earth revolved around the Sun, contradicting what the Ptolemy postulates established, which said that the Earth was the center of the universe and that the other planets and the Sun revolved around it. He was sentenced to house arrest for the rest of his life for the crime of heresy.
Aristotelian judgment
This consists of the relation of two propositions, from which a judgment results; and when a suitable correlation is established, it is an affirmative judgment, and if not, it is negative. This has a value in the fields of scientific research, where they are useful for criticism and arguments in various areas.
Parts
According to Aristotle, the elements of the judgment are: the subject, the predicate and the copulate and these judgments are affirmative or negative.
- Subject: is the object, situation or individual on which the judgment is being issued (either affirmation or negation).
- Predicate: it is the premise or concept that is awarded to the aforementioned subject; what is denied or affirmed about him.
- Copula: it is what determines if the predicate is proper or defines the subject or not; the relationship in which what was said about the subject is denied or affirmed.
Types
Judgments can be classified according to the number of subjects (which can be universal, particular or singular), their quality (affirmative or negative), their relationship (categorical, which are not subject to any term; hypothetical, which depend on a condition to be true; or disjunctives, whose assertion has alternatives) or by their modality (problematic, whose predicate has not been proven; assertorical, whose predicate is real; or apodictic, which are logical and do not give rise to refutations).
- Universal: these include all members belonging to a species.
- Particulars: these include more than one object without reaching a universe, so it will be somewhat partial.
- Affirmative: they are those that establish a relationship between the subject and predicate.
- Negative: they are those that denote a contradiction between the subject and the predicate, so their relationship separates them.
Examples
- Universal: All dogs are mammals.
- Individuals: Some roses are white.
- Affirmative: Rocks are inanimate.
- Negative: Whales are not terrestrial.
Value judgment
This is the series of observations that an individual makes based on their belief system and knowledge about a particular topic, although it can also refer to a set of values and their subsequent deduction. After said assessment, a third person will establish whether it is reliable or not.
Example: if you have the premise "No littering", a value judgment could be "Littering is bad."
