An exploration of the meaning of truth in philosophy and law

J.M. Fernandez

Research output: Contribution to journalArticlepeer-review

Abstract

This article examines the meaning of "truth'tin philosophyand in the law and it identifies notable dissonance betweenthe two discourses. Deep divisions run within philosophyon the meaning of the term, while an examination ofthe term in the context of the law also reveals tensions.There are long held views that the truth is subservient tojustice; and that proof rather than the truth is the justicesystem's main concern. That position, however, is notunanimous. A paradox that flows from this discussion isthat there are at least two, potentially conflicting, kinds oftruth in a trial- substantive truth andjormallegal truth.The ramifications are significant.
Original languageEnglish
Pages (from-to)53-83
JournalThe University of Notre Dame Australia Law Review
Volume11
Publication statusPublished - 2009

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