''Probatio diabolica'' (
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
for "devil's proof" or "diabolical proof") is a legal requirement to achieve an impossible
proof
Proof most often refers to:
* Proof (truth), argument or sufficient evidence for the truth of a proposition
* Alcohol proof, a measure of an alcoholic drink's strength
Proof may also refer to:
Mathematics and formal logic
* Formal proof, a co ...
. Where a
legal system
A legal system is a set of legal norms and institutions and processes by which those norms are applied, often within a particular jurisdiction or community. It may also be referred to as a legal order. The comparative study of legal systems is th ...
would appear to require an impossible proof, the remedies are reversing the
burden of proof, or giving additional rights to the individual facing the ''probatio diabolica''.
The devil's proof is the logical dilemma that while evidence will prove the existence of something, the lack of evidence fails to disprove it. In essence, the opposing statement's lack of proof makes the statement true in some sense.
This connects with the idea that, while substantial evidence may prove the devil's existence, there is no evidence that denies the devil's existence; therefore, one cannot deny the devil's existence.
For example, one party might
patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...
a process for manufacturing an item while another party might then make the item. The patent-holder would normally have to show that the patented process had been improperly used; this is a ''probatio diabolica'', since, on the face of it, the patent-holder cannot prove which process was actually used, which could render the patent useless. Two possible solutions exist:
*the burden of proof is reversed by presuming that the second manufacturer has improperly used the patented process, unless they demonstrate that they used some other process; or
*the patent-holder is given
discovery
Discovery may refer to:
* Discovery (observation), observing or finding something unknown
* Discovery (fiction), a character's learning something unknown
* Discovery (law), a process in courts of law relating to evidence
Discovery, The Discovery ...
rights, enabling them to obtain information from the second manufacturer on the process actually used.
See also
*
Evidence of absence
Evidence of absence is evidence of any kind that suggests something is missing or that it does not exist. What counts as evidence of absence has been a subject of debate between scientists and philosophers. It is often distinguished from absence ...
References
Latin legal terminology
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