The Origins of the Theory of the Law of Evidence (Case Study of the Works by S. Pahman)

Abstract

The article is devoted to exploring the origins of the theory of the law of evidence in the scientific heritage of the outstanding jurist, theorist and historian of law Semen Vikentievich Pahman. The scholar (S.V.Pahman) identified developmental stages of the history of forensic evidence system in the ancient Russian law, covering more than six centuries before the Conciliar Code was introduced in 1649, structured and systematized all available data and sources. Two scientific approaches to the study of the historical development of forensic evidence are highlighted in the works of the scientist (per each evidence separately, and on the totality of the evidences in general). According to S. V. Pahman, both approaches are closely related to each other and complement each other, since you can not trace the historical development of the evidence without regard to the development of the other one, and vice versa, one can not explain the reasons for which some evidence disappear, lose their importance, and others appear.