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A Journal on Forensic Medicine
Minerva Medicolegale 2003 December;123(4):193-204
Historical evolution of evaluation criteria of the causal nexus. Applicational implications in the field of legal medicine
Marinelli E., Zaami S.
The main historical stages of the doctrinal debate regarding the verification in legal medicine of the causal nexus are reviewed. The authors point to a line of evolution that over the years has led to the need to adopt a series of analytical tools designed to reduce the danger of discretionality inherent in the expert appraisal. They examine the thinking of scholars who, within the legal medical context, have contributed to the elaboration of a criteriology of approach to the problems of the causal nexus linked to sound tenets of scientific rationality. They examine the evolution of the jurisprudence on the subject, noting that the enduring role of the free convinction of the judge should not become enmeshed with elements of expert methodological anarchy that would inevitably lead to a draining of the scientific rigour of the verification.