Abstract

CARACCIOLO, Ricardo. The Problem of Facts in the Justification of Judicial Decisions. Isonomía [online]. 2013, n.38, pp.13-34. ISSN 1405-0218.

This paper presents an argument to support the claim that the descriptive propositions about the facts of the case, which are an ordinary component of contemporary judicial decisions, must meet a truth requirement. This requirement is, therefore, a criterion of justification of judicial decisions. To build the argument, the article resorts to the analysis of the concepts of "judicial decisions", "application" of general norms and "normative justification". In addition, it reviews several forms of kelsenian skepticism on the truth requirement and holds that they fail.

Keywords : Judicial decision; application of norms; normative justification; truth.

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