Pragmatics of accusation and the concept of trial. A preliminary analysis

Abstract

This work aims to provide a contribution to the analysis of the concept of trial, considered independently of the specific ways in which positive law constructs its trials, and independently of the conceptions of justice that condition the legislative choices. The working hypothesis followed here is that it is possible to investigate the conditions of possibility of trials by moving from the perspective of a particular legal act, found in certain trials: the act of accusation. The analysis of such an act will show: (i) the close relationship (of a necessary kind) that exists between this act and that of judging, which concludes the trial; (ii) the relationship (of a tendential kind) that exists between the accuser and the accused.