Uncertainty does not kill. An open challenge about truth and knowledge

Keywords: truth, judicial knowledge, fact-theorists, Ferrajoli, alethic realism and anti-realism

Abstract

The idea of absolute certainty -typical of the first alethic realism- found an ideal habitat in Law and it rooted deeply into it. The epistemological unsustainability of this notion and the harms it caused to the legal debate were denounced clearly by Luigi Ferrajoli and the following scholars (i.e. the «fact-theorists»). This paper is aimed, on the one hand, at assessing the work of these jurists and provide food for thought on the topics of truth and procedural knowledge; on the other hand, it tries to show that the problem of the «rehabilitation» of alethic realism in the legal field still remains open and full of interest for the philosophical reflection.

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Published
2019-09-27
How to Cite
Marchese, E. (2019). Uncertainty does not kill. An open challenge about truth and knowledge. EUNOMÍA. Revista En Cultura De La Legalidad, (17), 8-34. https://doi.org/10.20318/eunomia.2019.4990
Section
Studies