Judicial narratives

Abstract

The present article takes into account “narrative” theories that have been elaborated over the past few years concerning what takes place in the judicial process, particularly emphasizing the judgement about the facts. Three main problems are addressed: the nature of narrations, in general and within the judicial process context; the construction of narrations involving the facts of the case, and the issue of veracity in factual narrations. The fundamental thesis is that, despite taking on account the “narrative” aspects existing in the process, there is also a need for thEstatements regarding facts to be subjected by the judge to a true/false judgment. It is not possible to conceive that the decision should be taken only on the basis of the narrative coherence of a “story” someone has told.