Profiles of judicial epistemology

[Autom. eng. transl.] In the volume, the process is identified as the place of verbalization of the experience and the semantic conception of truth is recognized as the most suitable for maintaining the epistemological neutrality of the process in its unfolding for the reconstruction of the controversial fact, whose achievement is functional to the enactment of a just sentence. After having therefore presented the legislative options for the discipline of that system of knowledge in which any jurisdictional activity (civil, penal or administrative) takes place, the dialectical conception of the test is delineated and the clarification that the distinction between quaestio facti and quaestio iuris, judgment of fact and judgment of law, has a methodological character and is implemented within a unitary context, from which only a different proportion may emerge between the attitudes, however present, of the assessment and legal assessment. The structure of the test is then examined, defining the different meanings in an epistemological perspective and illustrating the judicial use of the maxims of experience and laws, both logical and scientific, as well as differentiating the evidence strictly from the clue. Finally, the evidentiary phenomenon is studied in the dynamic perspective of the procedure aimed at acquiring the cognitive tools that are not prohibited by the law, relevant and relevant, on the basis of which the judge can make the decision decisions, exposing the rules which he must observe to reach them .