The sound criticism and the oblivion of the rules of sound critism

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Johann Benfeld Escobar

Abstract

This article states that, originally, the idea of sound criticism was inextricably linked to the notion of reasonable judgments in weight of evidence. These judgments of sound criticism, in turn, gave autonomy to the method, first, established in the Law of Spanish Civil Procedure of 1855 and, then, in its successor of 1881. However, the lack of reflection and systematization of the rules of sound criticism led the doctrine to make independent the method of its own criteria, becoming the sound criticism a further variation of the free-evaluation systems. In consequence, the rules lost their scientific and practical importance.

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How to Cite
Benfeld Escobar, J. (2018). The sound criticism and the oblivion of the rules of sound critism. Revista De Derecho (Valdivia), 31(1), 303–325. https://doi.org/10.4067/S0718-09502018000100303
Section
INVESTIGACIONES