Giulio Ubertis

Evidentiary dialectis and third-party standing of the judge

  • Abstract

Informations and abstract

Keywords: Adversary System; Evidence Admission; Evidentiary Dialectics; Judicial Truth; Methodological Neutrality of the Judge.

The proceedings, directed at the application of the law in a specific case and carried out within a linguistic universe, imply a hermeneutic activity concerning the reconstruction of the fact not only for the necessary link between "quaestio facti" and "quaestio iuris", but also for the need to understand the accusation and allegations of the party, as much as the formulations and probative evaluations. In the proceedings, the verification of the statement, which forms the basis of judicial applications, is carried out using the cadences of external evidentiary dialectics (where the adversary system is implemented), as well as internal ones. These concern the rational criteria of verisimilitude, pertinence and relevance of probative admission, ensuring the methodological neutrality of the judge, who must not adhere to any factual and reconstructive hypotheses during the inquiry.

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