Facts exist in a wide array of varieties and they raise a lot of philosophical questions. The relationship between law and fact can be investigated in different perspectives. A statement of fact is any statement in which an event is described as occurred in the domain of the real world. Statements concerning facts are a matter of choice and construction, but above all they can be proven to be true or false. The fact is not meaningful in itself, but only when it is bound up with a set of concepts, epistemological assumptions, linguistic conventions, shared values, general rules of experience, that gives it meaning. We deal with semantic, categorical, social or institutional constructions. Legal reasoning concerns both facts and norms. Their meaning is the result of their entering into a reciprocal correspondence. Reconstruction of facts and interpretation of law cannot be separated. In judicial contexts facts are the point of reference of a procedural machinery concerning evidence. Such facts are selected, determined and verified according to their relevancy in the case. A statement describing a fact is true when and insofar as it has been confirmed by the evidence presented to the court.
Costruzioni e ricostruzioni. I fatti nel ragionamento giuridico
PASTORE, Baldassare
2013
Abstract
Facts exist in a wide array of varieties and they raise a lot of philosophical questions. The relationship between law and fact can be investigated in different perspectives. A statement of fact is any statement in which an event is described as occurred in the domain of the real world. Statements concerning facts are a matter of choice and construction, but above all they can be proven to be true or false. The fact is not meaningful in itself, but only when it is bound up with a set of concepts, epistemological assumptions, linguistic conventions, shared values, general rules of experience, that gives it meaning. We deal with semantic, categorical, social or institutional constructions. Legal reasoning concerns both facts and norms. Their meaning is the result of their entering into a reciprocal correspondence. Reconstruction of facts and interpretation of law cannot be separated. In judicial contexts facts are the point of reference of a procedural machinery concerning evidence. Such facts are selected, determined and verified according to their relevancy in the case. A statement describing a fact is true when and insofar as it has been confirmed by the evidence presented to the court.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
