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vol.15 issue2RESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIESTHEORY AND PRACTICE OF WRONGFUL CONVICTION CLAIM IN THE NEW CÓDIGO PROCESAL PENAL, PROVISION LETTER D) ARTICLE 473 author indexsubject indexarticles search
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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

GARCIA ROSAS, Elias  and  AVILA BENITEZ, Luis. OBSERVATION TO THE MEANING OF THE MEXICAN CRIMINAL TRIALS' MODEL BY THE SELF-STEERING SYSTEMS THEORY. Ius et Praxis [online]. 2009, vol.15, n.2, pp.197-213. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122009000200007.

The purpose of the research here described, was to investigate the meaning of the mexican criminal trials' model, that because there are no theorical or practical sustainable references to establish it. In the study, self-steering systems theory of Niklas Luhmann and his functional method were used, developing a documental research and following a second-order observation thecnique, under a constructivistic epistemological view. Was found that the mexican trials' systemic meaning is accomplishing the definitive judicial solution, excluding other themes traditionally considered trial's goals, such as the "historic truth", paradigm which breaks down with the results achieved.

Keywords : Self-referencial systems; trials.

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