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Cognition in the process: Epistemological support for the redefinition of proposicional knowledge in the jurisdictional activities.

Grant number: 23/16376-1
Support Opportunities:Scholarships in Brazil - Post-Doctoral
Start date: July 01, 2024
End date: June 30, 2026
Field of knowledge:Humanities - Philosophy - Epistemology
Principal Investigator:Marco Antonio Caron Ruffino
Grantee:Gabriel Felipe Roqueto Riguetti
Host Institution: Centro de Lógica, Epistemologia e História da Ciência (CLE). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil

Abstract

This project main object of analysis is propositional knowledge withinthe scope of the judicial process. As noted in the legal literature, knowledge is not a wordalien to codes, judgments and doctrinal works. However, the content of what the juristunderstands as "knowledge in the process" is something quite abstract, confusing, in additionto covering speech acts with the most varied illocutionary forces. Thus, speech acts withconstitutive and normative forces, which require specific justifications and requirements, endup not being differentiated from assertive acts. In this way, the research will aim to establishpremises and concepts belonging to the fields of general epistemology, philosophy oflanguage and logic, which, despite having a very broad development in such areas, are usedin a simplified and mistaken way by classical procedural doctrine, who they make use of thecommon sense of expressions and raise terminologically displaced debates. With the aim ofdefining, in technical terms, what would be propositional knowledge, proposition, bearer oftruth, truth, criteria for attributing truth and justification, we will seek to establish what wouldbe the logical requirements for a proposition P, notably the procedural question facti, can beconsidered true and justified in a certain epistemic context, especially in the legal context ofthe process, analyzing the evidentiary standards proposed by the few who dedicatethemselves to the topic in an interdisciplinary way and, with this, present a legislativestructure for propositional knowledge, redirecting the content of the expression towards moretechnical lines.

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