Razonamiento hermenéutico y "hechos sustanciales controvertidos"

Translated title of the contribution: Hermeneutical reasoning and "disputed material facts"

Research output: Contribution to journalReview articlepeer-review

Abstract

The "disputed material facts" depend on the object of the process. In order to determine these facts, the judge must consider the narratives of litigants and the convergence between the primary facts and evidential facts from the case. Accordingly, the law must require lawyers not to use generic stories, and the facts contained in the court decision ordering present evidence must not be generic either. Based on an example of tort law, this paper shows that the hermeneutic approach rather than the analytical one provides justification for the convergence between both types of facts.

Translated title of the contributionHermeneutical reasoning and "disputed material facts"
Original languageSpanish
Pages (from-to)159-183
Number of pages25
JournalRevista Chilena de Derecho
Volume44
Issue number1
StatePublished - 1 Jan 2017

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