Description
SYSTEM OF SOUND RATIONAL CRITICISM
Book Summary
This work offers a deep reflection on three fundamental pillars of contemporary procedural law: the system of sound rational criticism, due process, and legal certainty. The reader will find a rigorous investigation that connects the general theory of process with evidentiary reasoning and the philosophy of law, providing conceptual tools to understand and critically apply the principles that govern the evaluation of evidence in judicial proceedings.
What is it about?
The book addresses the system of sound rational criticism as a method of evidentiary evaluation that requires judges to substantiate their decisions with logical arguments based on experience, moving beyond mere intuition. From there, the author explores how this system intertwines with due process, ensuring that parties receive a fair trial, and with legal certainty, which seeks predictability and certainty in judicial resolutions. The research is situated within the contemporary debate of procedural law, analyzing criticisms and proposals from the general theory of process and the philosophy of law, with special attention to evidentiary reasoning.
Main Topics
- System of sound rational criticism as a standard for the evaluation of evidence.
- Relationship between due process and the motivation of judicial decisions.
- Legal certainty as a guiding principle of evidentiary activity.
- Evidentiary reasoning and logic in judicial argumentation.
- Contemporary debate in procedural law and the philosophy of law.
Who is it recommended for?
It is aimed at legal professionals, especially trial lawyers, judges, prosecutors, and academics interested in civil and constitutional procedural law. It is also useful for postgraduate students delving into the theory of evidence, judicial reasoning, or the philosophy of law, as well as for researchers seeking an updated perspective on the rational evaluation of evidence.
What this book contributes
- Clarifies the theoretical foundations of the system of sound rational criticism and its practical application.
- Offers an integrated analysis of three key concepts: due process, legal certainty, and the evaluation of evidence.
- Provides tools to improve the argumentation and motivation of judicial resolutions.
- Updates the debate on evidentiary reasoning from a philosophical and procedural perspective.
Technical Specifications
- Author: CUSI ALANOCA, JOSE L.
- Publisher: J.M. BOSCH EDITOR
- Language: Spanish
- Subject: PROCEDURAL LAW, CIVIL PROCESS, CIVIL PROCEDURE: EVIDENTIARY LAW, CONSTITUTIONAL AND ADMINISTRATIVE LAW
- Collection: FONDO
- Binding: Paperback
- Publication Date: October 2022
- Number of pages: 316
- Weight: 600 g
Editorial Assessment
This is a specialized work that addresses the intersection between the system of sound rational criticism, due process, and legal certainty with academic rigor. Its theoretical-practical approach makes it a valuable resource for those seeking to understand the foundations of evidentiary reasoning and improve the argumentative quality of their judicial decisions or procedural filings. It is particularly relevant for the legal public interested in the evolution of evidentiary law and its relationship with constitutional principles.