Fact

A fact (Latin factum, res facti; πράγματα gr ) is a real, verifiable, existing, true or accepted facts, depending on the view.

Theology and Philosophy

A first overview of the occurring in the 18th century in the German word fact provides Gotthold Ephraim Lessing in 1778 in the treatise On the little word fact. It was first used in the theological question of whether Christianity could be relied on real events, just facts. It was introduced by Johann Joachim Spalding as a translation of the English phrase matter of fact, it is found in his translation of Joseph Butler's The analogy of religion, natural and revealed, to the constitution and course of nature of 1756th Butler as Spalding refer the expression on God: facts are events that are seen as acts of God.

In Gottfried Wilhelm Leibniz truths of fact are compared with the truths of reason ( vérités de raison ) ( vérités de fait ). Facts so make here as well as in David Hume actual experience results dar. Mathematical truths are not included.

Immanuel Kant distinguishes in the Critique of Judgment " matters of opinion ( opinabile ) facts ( scibile ) and matters of faith (mere credibile )" ( Immanuel Kant: AA 0005V, 467 ) and genera of the objects of knowledge. This classification corresponds essentially to its distinction from by faith, knowledge, my in the Critique of Pure Reason ( Immanuel Kant: AA 0003III, 531 ), facts are therefore the appropriate the epistemic state of knowledge objects. There are, for Kant, faith, knowledge and opinion Settings associations of ideas or judgments that differed in whether the grounds on which they are held to be true, objective - general are ( in the matter lying, equally compelling for all rational beings ), subjective- general ( convincingly from an interest that necessary shared by all rational beings ), belief or subjective, particularistic ( based on personal experience and interests persuasive and convincing), and whether these reasons are each sufficient for the truth of the judgment in question. Here Kant expected that the subject of knowledge also reflects on what are the reasons for his holding Surely, so that the range of meaning ( of belief holding out objectively and subjectively inadequate reasons) is limited to the range of possible experience. Facts, however, include also and above all knowledge a priori, " objects for concepts whose objective reality ( whether through pure reason or by experience and in the former case from the theoretical or practical Datis the same, but in all cases by means of them correspondirenden view ) can be proved ( Immanuel Kant, (res facti ) facts ". AA 0005V, 468 ) in a subsequent footnote Kant has pointed out that this definition extends the usual notion of the fact that time to Nichterfahrbares.

Gottlob Frege distinguishes facts or issues in the world of the mind, by which they are given. Thoughts are the intension of certain logical-linguistic character, which he calls rates for Frege. These correspond to the statements in the logical sense, which are carriers of truth values ​​. He makes, in contrast to Bertrand Russell and other members of the Cambridge school of analytical philosophy, but not facts for extension of sentences, but the truth values ​​themselves The reason is that Frege sets perceives as logically complex expressions, and out of proper names concept or relation of words which. A sentence is true if the set occurring in proper names refer to objects that fall within the class of those objects that meet the existing meanings of the words term, logical constants and quantifiers propositional function. Here Frege extension and intension is also different to proper names and concept words. For Frege the intension of an expression is the " mode of presentation " of the signified for a subject of cognition, ie, it corresponds to an epistemic perspective or an access of the subject to the extension of the expression. The individual facts are thus eliminated in Frege's theory of meaning, they can not be distinguished from the true sentences that express them.

In epistemological positivism is a hypothesis to a fact in which it is verified by observation or at least confirmed. Since the linguistic turn emphasize different representatives of the philosophy of language and philosophy of science approaches, that the language used preliminary decisions about true what comes as facts in question (see also holism ). The crucial especially for the logical positivism separation of theory and observation language is so blurry. His scientific theoretical model are confirmed by the general hypotheses by predictions of individual observable facts, therefore, the critical rationalism contrary to the model of fallibilism, on a temporary basis may be considered as facts by the general as observation hypotheses until they are contradicted by new observations.

According to David Kellogg Lewis a fact is a truth-maker to a positive proposition.

Jurisprudence

The fact is, an undefined legal concept that these occurred in laws, but is not defined there. Facts are sensible processes or states from present or past. Facts within the meaning of § 263 of the Criminal Code ( fraud by false pretenses or by misrepresentation or suppression of true facts ), specific states or events, past and present, which are the evidence available.

The fact is the basis of subsumption and thus the law. The fact term includes both inner and outer as facts.

• Outer facts relate to something external, perceptible Reales; these include in particular properties of physical objects or persons. These include about the authenticity of a work of art, quality or marketability of a thing, age, income, health status, skills and qualifications of a person.
• Inside facts concerning mental states such as the will to fulfill a duty to perform in advance of the performance contractor. It should be noted that even current intentions, motives, expectations or beliefs regarding future events includes. Here About future events are partially included in the term fact (co-). According to the Court, it is sufficient for the provability if the offender to the victim gives the impression of the existence of the relevant facts.

Factual allegations are statements of fact, and it to the verification is still missing. Even in civil actions are the essential basics facts, upon which a judgment. Thus, under § 291 ZPO, that court known obvious facts require no proof. Obviously are generally knowledgeable facts, ie knowledge that can have any practical. General Knowledgeable are facts that can bring any information accessible from generally reliable in experience (encyclopedias, books, maps, the Internet, etc. ) Competent court facts, the Court itself recognized officially. Traffic Perception is empirical knowledge, however, § 291 ZPO applies only to facts and not empirical propositions. Court Knowledgeable are facts which has perceived in an official capacity, the court ( the information the party in other proceedings before the same court, the contents invol files or specialized knowledge of the judge ). Personal knowledge of the judge, he must not use; he is witness to the extent and leaves the method of (§ 41 No. 5 ZPO). The facts underlying a court decision arising from the Parties' submissions. Facts must therefore be carried forward by the parties. The parties undisputed facts accepted as true. In the West German commercial law, the concept of fact is to be interpreted broadly, because everything that is subject to registration in the commercial register, one of the facts.

The mere expression of opinion or a pure value judgment, as communication of subjective ratings the antonym to the fact term represents the demarcation problems show an exemplary manner with advertising. The public's perception of the relevant public will decide whether in advertising promotions is still a tangible fact core. In the statement: " the better it gets " is not an assertion of a fact core, since it lacks the character of a seriously what is asserted. The mere utterance of legal concepts (eg you have made a purchase price payment claim ) is to treat an " ought - statement and not being " and thus as a value judgment. Here, only the legal evaluation of ( undisputed ) facts of life is made.

Switzerland

In Switzerland, one understands ascertainable facts with events that have been realized in the past. Facts that take place in the future can be made ​​plausible by the conclusion is drawn from past facts. This is a major difference compared to German law, the facts knows only as the past and present related word.

A distinction is made between main and auxiliary facts.

• Main facts are circumstances that fill the abstractly formulated fact a norm directly, from which a party seeks to derive a legal consequence for themselves. The necessary given specific material elements are determined directly. For example, a postal receipt or a receipt of direct proof that an input to the court on the last day of the period is received by the court, or at least the Swiss Post has been handed over. The exhibition of the postal receipt is a major fact for the proof of timely input. Often standards contain indeterminate legal concepts such as " immoral " or " negligence ". In this case, the facts to be proved, leading to the conclusion on the fulfillment of the indefinite legal concept in a specific case.

• From auxiliary facts ( evidence ) can be concluded that there is a main fact. For example, mentioning a petition to the court (without evidence of later difficulties to have knowledge ) is a strong indication that such entry was made. In this, the judge waived the direct proof of a fact by their presence - having regard to the ordinary course of events - from other facts, the so-called evidence is derived. The judge thought that the fact is given because, given the other circumstances created onto him this conclusion on the basis of his experience of life. Circumstantial evidence based on the case law of the Federal Court on actual assumptions that serve to facilitate proof. Actual guesses are not the burden of proof rules, but are generally considered to evidence that can not verify the Federal Court on appeal.

Austria

Also in the Austrian criminal law, the term fact is often the case, such as in § § 193 ( marriage deception ), 229 ( concealment of documents ), 230, Section 1 ( displacement of border characters) or 255 ( a state secret ) ÖStGB. It mirrors the notion of a fact in German criminal law.