Strategies for Securing the Judicial Truth in Western Judicial Practices
Abstract
The issue that this paper investigates is the relation between the subject and the judicial truth, more precisely, the way in which Western Law, during history, resorted to different strategies in order to secure a fundamental relation which lies at the core of the Law itself – the problem of correspondence of the Law to the facts, which belongs to a broader problematic, the one of the correspondence of language to reality. In this context, certain judicial strategies regarded the subject as a source of truth and as a threat to the established correspondence of the Law to facts, and tried to secure the privileged relation to reality that the judicial truth assumed.
Full Text: PDF DOI: 10.15640/ijpt.v3n1a14
Abstract
The issue that this paper investigates is the relation between the subject and the judicial truth, more precisely, the way in which Western Law, during history, resorted to different strategies in order to secure a fundamental relation which lies at the core of the Law itself – the problem of correspondence of the Law to the facts, which belongs to a broader problematic, the one of the correspondence of language to reality. In this context, certain judicial strategies regarded the subject as a source of truth and as a threat to the established correspondence of the Law to facts, and tried to secure the privileged relation to reality that the judicial truth assumed.
Full Text: PDF DOI: 10.15640/ijpt.v3n1a14
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