Interpretación y calificación jurídica de hechos

Resumo

Despite the theoretical and practical difficulties, there are good reasons for separating issues of fact and law into legal reasoning. The argument by which the law is applied is structured as a syllogism which includes a premise that describes facts. This factual premise includes the interpretation of facts consisting in establishing associations between them and understanding their social meaning. On the other hand, it does not include the legal classification of the facts, which is the interpretation of the law in concrete, in turn a manifestation of the interpretation in abstract. Facts are evaluated with the aim of qualifying them and with law as a guide; but the interpretation or evaluation of facts is a factual question when it is carried out with non-legal criteria of rationality and experience.