Diego Dei Vecchi

Some Remarks on the Constitutive Force of Proof Sentences

  • Abstract

Informations and abstract

Keywords: Legal Proof; Judicial Decision; Risk of Error; Pragmatic Force.

This paper demonstrate that in procedural contexts of free proof, proof sentences of judicial decision (i.e. sentences of the kind «it is proven that p»), have normative illocutionary force. On the one hand, in that context, «it is proven that p» express a value judgment of the judge. On the other hand, it is shown that «it is proven that p» is, in that context, a practical reason aiming to justify an action of the decision-maker: the acceptance of the factual statement as a premise of the judicial decision.

Trova nel catalogo di Worldcat

Article first page

Article first page