Judicial Process as Mirror of Reality? Hermeneutical Notes to the Theory of Truth in Michele Taruffo
DOI:
https://doi.org/10.5007/2177-7055.2016v37n74p115Abstract
http://dx.doi.org/10.5007/2177-7055.2016v37n74p115
This paper deals with the question of truth in law, more specifically: the epistemological status of judicial process. In a phenomenological approach, aims to clarify the importance of facts to the right answer. Proceeds comparing two referentials: the critical realism of Michele Taruffo and the Critical Hermeneutics of Law. In spite of its democratic common ground, there is a deep disagreement about what is meant by inter-subjective control of judgments. The conclusion drawn is to reject the “truth acquiring” structure of justice system as proposed by Taruffo.
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