Paper's abstract

Alessandro Giuliani, The Role of "Fact" in the Controversy (about the binomial "rhetoric-judicial proceedings")
According to the contemporary theory of law, the "fact" remains outside legal hermeneutics. This happens whether the fact is viewed as a data external to the knowledge of the judge, or whether it is considered as a creation of the judge. The judicial rhetoric may well represent an alternative: considering the controversy as a "mixed question" allows the reintegration of the role of the fact into the phenomenology of argumentation.

Key Words : fact, trial, hermeneutics, argumentation
t. 39, 1994 : p. 229-237

---