Scienza e senso comune nel diritto penale. Il ricorso problematico a massime di esperienza circa la ricostruzione della fattispecie tipica.

Translated title of the contribution: [Autom. eng. transl.] Science and common sense in criminal law. The problematic use of maxims of experience regarding the reconstruction of the typical case.

Rosa Maria Palavera

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] By its nature, criminal law is a contested field between science and common sense, which modulate its perception by jurists and laymen. With its constantly evolving proposals, science has become, at the same time, the target and source of a renewed critical attention to the case and its trial. The common sense, on the other hand, has offered itself as a shield and engine of a work of profound flexibility of the rules, without sparing the general institutes. Starting from the classical concept of maximum experience to reach the abductive reasoning and the so-called paracomplete logics, in the intertwining of law and process, a path follows that follows the progressive manifestation of the phenomenon, largely unobserved, detecting the elusive mechanisms , the extension in "living law" and the impact on the maintenance of principles and guarantees. Looking for remedies with equally ancient roots.
Translated title of the contribution[Autom. eng. transl.] Science and common sense in criminal law. The problematic use of maxims of experience regarding the reconstruction of the typical case.
Original languageItalian
PublisherEdizioni ETS
Number of pages338
ISBN (Print)978-884675092-1
Publication statusPublished - 2017

Keywords

  • abductive reasoning
  • abduzione
  • common sense
  • criminal law
  • diritto penale
  • general knowledge
  • judicial reasoning
  • massime di esperienza
  • ragionamento giudiziale
  • senso comune

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