Hechos y normas aplicables
Comentarios en torno a una propuesta de Ricardo Caracciolo
DOI:
https://doi.org/10.5347/40.2014.101Keywords:
legal justification, applicability, general norms, individual casesAbstract
Facts and Judicial Decisions: Comments on a Proposal of Ricardo Caracciolo
In this paper I offer an analysis of some of the most important ideas advanced by Ricardo Caracciolo in his essay on facts and justification of judicial decisions (“El problema de los hechos en la justificación de sentencias”, Isonomía 38 (2013), pp. 13-34). This paper mainly comments on the following two theses: a) the thesis of the possible application. A general norm N can be applied only to the facts regulated by N; b) the thesis of the actual application. A general norm N is actually applied to a certain fact F only if the description of F is true. In this paper I claim that there are good reasons for revising both theses because they overlook a relevant distinction between two different meanings of ‘individual cases’: individual cases of the Universe of Discourse and individual cases of a Generic Case. As a consequence, I stress that it is necessary to reconstruct a concept of legal justification independent from both theses.
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