An historical-dogmatic reading of Bentham’s vision on the admissibility of evidence in the judicial process

Pérez Ragone Á.; Cavani R. · Revista de Estudios Historico-Juridicos (2022) · DOI: 10.4067/s0716-54552022000100879

Resumen

A revised and r e r e a d study about Bentham on the admissibility of evidence has a historical and actual importance. The author noted that the judge must consider whether the evidence that has not yet been submitted is available to be admitted at trial within a reasonable period of time. If the evidence is important to the case, the judge must strive to order and wait for its production. Settled his main philosophical and historical presuppositions as well as the points that he criticized the most in relation to Common Law, the role of the judicial process and the judge is identified. Thus, his theory of evidence and the so-called domestic or natural system of the procedure are systematically analyzed, and the main idea revolves around the suppression of the excessively technical procedural rules of that time in favor of an increase on the discretionary powers of the judge. In order to arrive at the right decision, the decision maker must have all the relevant evidence on the matter in order to discover the truth.

Instituciones: Pontificia Universidad Católica del Perú