Resumo

RUIZ GUZMAN, Héctor Manuel. Maxims of Experience in Mexican Case Law. Díkaion [online]. 2019, vol.28, n.2, pp.355-384. ISSN 0120-8942.  https://doi.org/10.5294/dika.2019.28.2.6.

This paper analyzes a corpus of case-law theses produced by the Mexican Courts of Amparo in which different functions of the concept “maxims of experience” are noted. Two classification criteria are used: 1) As an autonomous concept: To weigh evidence, bridge regulatory gaps, infer factual conclusions, set an objective parameter of truth, and support a reasonable decision; and 2) In correlation with other concepts of weighing of evidence: Scientific method, rules of logic, reflective thinking, healthy criticism, free testing, and common sense. In interpreting the findings, it is concluded that Mexican case law deals with the “maxims of experience” as a common place, both from the linguistic and epistemological points of view.

Palavras-chave : Maxims of experience; case law; amparo trial; weighing of evidence; topic.

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