Judicial Truth

Author:Varvara Licuta Coman
Pages:278-283
SUMMARY

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 judicial truth. Starting from the social intent of the law, which is to regulate the social relations, we... (see full summary)

 
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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.

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