Description
Testimony as Evidence
Book Summary
This monograph offers a critical and innovative analysis of testimonial evidence in the Spanish and Chilean legal systems. The work proposes a paradigm shift: moving from an examination centered on the figure of the witness to a balanced study of the testimony itself, distinguishing between its subjective and objective elements. Based on legal epistemology, the author develops a broad concept of testimony that allows for a fairer and more precise assessment of this key evidence in civil proceedings. The book not only diagnoses current issues but also offers an innovative solution for its formation and evaluation.
What is it about?
The work addresses the study of testimonial evidence based on a fundamental premise: traditional analysis has focused excessively on the person of the witness, contaminating the evaluation of their statement. To overcome this limitation, the author proposes a broad concept of testimony based on legal epistemology, which allows for a clear distinction between the subjective element (the witness) and the objective element (the statement).
The book argues that both elements must be examined in a balanced manner and at the same level during the formation and evaluation phases of the evidence. Furthermore, the work goes beyond theoretical analysis by presenting a concrete regulatory proposal: it suggests that, based on the definition of testimony offered, other means of evidence that share the legal nature of being testimonies and that present similar issues could be regulated in a common way. Thus, the monograph not only diagnoses a structural problem in judicial practice but also offers a practical and systematic solution to improve the administration of justice.
Main Topics
- Critical analysis of testimonial evidence in Spanish and Chilean procedural law.
- Legal epistemology applied to the evaluation of evidence.
- Distinction between the subjective element (witness) and the objective element (statement) in testimony.
- Proposal for a broad concept of testimony for more coherent regulation.
- Balanced examination of the elements of testimonial evidence in its formation and evaluation.
Who is it recommended for?
This work is aimed at legal professionals, especially litigating attorneys, judges, prosecutors, and academics specializing in civil procedural law. It is also of great use for postgraduate and doctoral students researching the theory of evidence, as well as for jurists interested in legal epistemology and the improvement of justice systems. Its comparative approach between Spain and Chile makes it especially relevant for those working or studying in these legal systems.
What this book contributes
- A renewed theoretical framework for understanding and applying testimonial evidence, overcoming the limitations of the traditional witness-centered approach.
- Conceptual tools to distinguish and independently assess the content of the statement and the credibility of the declarant.
- A practical proposal to harmonize the regulation of testimony with other means of evidence of a similar nature, facilitating their procedural treatment.
- A comparative analysis between the Spanish and Chilean procedural systems, offering a broad perspective applicable to both contexts.
- A solid foundation for research and academic debate on evidentiary matters, supported by a rigorous epistemological methodology.
Technical Specifications
- Author: GONZALEZ COULON, MARIA DE LOS ANGELES
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: PROCEDURAL LAW, CIVIL PROCEEDINGS
- Collection: COLECCION PROCESAL J.M. BOSCH EDITOR
- Binding: Paperback
- Edition Date: March 2021
- Number of pages: 360
- Weight: 700 g
Editorial Assessment
This monograph represents a significant contribution to the study of evidentiary law, offering a well-founded critique and an innovative proposal for one of the most widely used means of evidence in civil proceedings. The author succeeds in articulating a rigorous analysis with a practical vision, making the work a valuable resource both for academic reflection and forensic application. Its focus on legal epistemology and the proposal of a broad concept of testimony open new paths for the improvement of judicial practice, making this book recommended reading for any procedural law professional looking to delve into the theory of evidence.