Truth and judicial knowledge

Abstract

At the center of the reflection stands the theme of truth, in the dimension of judgment, relative to ascertaining the truthfulness of the facts that arise from the controversy. The attention focuses on the judgment in a logical-legal sense on the truthful and therefore creative level but also about the technological processes. In recent years, the judge's powers have increasingly through the wider presence of a creative interpretation now essential nucleus of judicial discretion. The dilation of spaces of judicial discretion opens a reflection about the political and ideological dimension of the position taken by the judges and about the real danger for democratic guarantees. Other ways open up, in particular the technology, but in any case the truth must be sought because it will always go beyond the possibility of being a simple aid through technology. We cannot imagine the machine judge, judge in the machine, as a possible ghost in the machine but on the contrary to seek his presence.