Article title Methodological Problems of Understanding the Truth as a Legal Value
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2014
Сторінки [106-112]
Annotation The article examines the role of the truth in the legal life of the society. The objective necessity of application of a criterion of truth to legal phenomena is noted. Different conceptions of truth — theory of reflection, pragmatism, conventionalism, theory of coherence — are compared in terms of their suitability for legal science. A comparison of the ideas of truth, characteristic for scientific and legal knowledge, is done. The uncertainty of the value status of the truth in the Russian legal system related to the fact that the concept of truth is absent in the legislation as goal or value is emphasized. The objective validity of truth for legal cognition is substantiated based on the analysis of the nature of the proceedings as well as the provisions of the national and foreign legislation and the reasons for the exclusion of this concept of the Russian procedural legislation are discussed.
Keywords truth, knowledge, value, court, evidence, procedure.
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