Rätt utan Sanning?
- Britta Kyvsgaard (jur.dr)
Publikation/Tidskrift/Serie: Nordisk Tidskrift for Kriminalvidenskab
Volym: 95 (2008)
Förlag: De Nordiske Kriminalistforeninger
The legitimacy of the judiciary hinges on the presumption that truth can be found through the judicial process. Even though a distinction can be made between "truth" in a legal sense and "real truth", the legal truth can only be justified by its anchorage in "real truth". During the last few decades, the previosly all-powerful assumption of the objective nature of reality and knowledge has been challanged and criticized. Ideas of a more relativistic character has have gained influence in both science and society more generally. This article highlights questions such as how recent challenges to objectivistic views of knowledge and reality affect the legitimacy of the judiciary and the judicial process as it is today without recourse to objective truth. The article also points at recent developments in the criminal procedure from a realistic versus relativistic ideal. Changes in the Code of Judicial Procedure and the Mediation Processas an alternative to the traditional criminal procedureare discussed as examples of these recent developments.
- criminal law
- civil and criminal procedur
- ISSN: 0029-1528