Judicial Truth

• Author: Varvara Licuta Coman
• Pages: 278-283

European Integration - Realities and Perspectives. Proceedings 2015

278

Judicial Truth

Varvara Licuta Coman1

Abstract: All major world encyclopedias define the essence of a phenomenon as being the unification of

traits and necessary internal relations, with a relative stability in connection with adjacent phenomena. In this

study, we chose to investigate a concept that is the essence of the law, namely, the ju dicial truth. Starting

from the social intent o f the law, which is to regulate the social relations, we proposed as a priorit y objective

of this study to highlight the idea that the science of law disregards any subjective human judgment and any

values outside the values of true and false. So, in this paper, we analyzed b oth the concept of truth and the

judicial truth. The legal phenomenon is not a specific thing, and its scientific truth is an argumentative

construction of the idea of justice, depending on a legal doctrine or another.

Keywords: representation theory; legal consciousness; legal requirements

1. Introduction

The correspondence of knowledge and the object of knowledge represent a defining note of the

concept of truth but not the only one (Phylosophy dictionary, 1978, pp. 16-17). This subject has been

significantly approached by Hans G. Hershberger (H.G. Herzberger, Harper, & Freeds, 1975, pp. 71-

92). In this author’s opinion, the dimension of correspondence that stands at the basis of truth has to be

supplemented with auxiliary dimensions. The distinction between the assertive content of the sentence

translating the idea of correspondence and the suppositional content of the sentence in which the

auxiliary conditions of truth would be included, which the author reunites under the name of semantic

competence. Among these auxiliary conditions one can list the accomplishment character, avoid self –

reference, bivalence etc. In this context, the author builds a semantic endowed with four values: two

for correspondence (True and False) and two for bivalence (the unsuccessful truth and unsuccessful

false) and brings into discussion some logical systems able to represent properly the complex logical

situation that occurs this way (Botezatu, 1981, p. 4).

2. The Notion of Truth

Along with the semantic dimensions of truth, also the importance of reference dimensions of truth

introducing the idea of partial correspondence and partial truth, of truth levels are pointed out in the

specialty literature, which can be noticed mainly in human sciences (Bunge, 1974, p. 8).

1Assistant Professor, PhD in progress, “Danubius” University of Galati, Romania, Address: 3 Galati Boulevard, 800654

Galati, Romania, Tel.: +40.372.361.102, fax: +40.372.361.290, Corresponding author: varvara.coman@univ-danubius.ro.