Abstract

AGUILERA GARCIA, Edgar R.. Extreme or Moderate "Garantismo"? The Legitimacy of Criminal Law Adjudication: Setting the Foundations of a Debate Between Ferrajoli and Laudan. Isonomía [online]. 2014, n.40, pp.61-93. ISSN 1405-0218.

The aim of the article is to analyze two versions of the argument that portrays truth-seeking as a legitimizing factor in criminal law adjudication: Ferrajoli's and Laudan's. The careful examination of their proposals, the author contends, may give us rational (as opposed to merely emotive) grounds to decide whether to subscribe to an extreme or to a moderate version of "garantismo". This decision becomes relevant in the context of the theoretical debate regarding the appropriate attributes of criminal proceeding models.

Keywords : garantismo; legal epistemology; criminal adjudication; due process; Ferrajoli; Laudan.

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