Profili di Epistemologia giudiziaria

In this volume, the process is identified as the place of verbalization of experience and the semantic conception of truth is recognized as the most suitable for maintaining the epistemological neutrality of the process in its development for the reconstruction of the controversial fact, whose achievement is functional to the emanation of a fair ruling. After presenting the legislative options for the discipline of that system of knowledge in which any judicial activity (civil, criminal or administrative) is based, the author shows the dialectic concept of evidence and clarifies that the distinction between quaestio facti and quaestio iuris is a methodological one and is implemented within a unitary context, from which only a different proportion between the attitudes of the legal observation and assessment can emerge. Then he studies the structure of the proof, defining the different acceptations in epistemological way and illustrating the judiciary use of the highest standards of the laws. Finally, the probative phenomenon is studied in the dynamic course of procedures aimed at acquiring the non-prohibited cognitive instruments, useful for the judge to make the decision choices, exposing the rules that he must observe to achieve them.

 


Author: 
Giulio Ubertis
Published in: 
2015
Translated in Spanish by:
with title: Elementos de epistemologia del proceso judicial