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    An Exploration of the Meaning of Truth in Philosophy and Law

    136329_19733_CF 56063 Pub version.pdf (9.480Mb)
    Access Status
    Open access
    Authors
    Fernandez, Joseph
    Date
    2009
    Type
    Journal Article
    
    Metadata
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    Citation
    Fernandez, Joseph. 2009. An Exploration of the Meaning of Truth in Philosophy and Law. The University of Notre Dame Australia Law Review. 11: pp. 53-83.
    Source Title
    The University of Notre Dame Australia Law Review
    ISSN
    1441-9769
    Faculty
    Faculty of Humanities
    Department of Journalism
    Remarks

    For information regarding the publisher, and details of UNDALR’s publication, please see Related Links

    URI
    http://hdl.handle.net/20.500.11937/9181
    Collection
    • Curtin Research Publications
    Abstract

    This article examines the meaning of "truth" in philosophy and in the law and it identifies notable dissonance between the two discourses. Deep divisions run within philosophy on the meaning of the term, while an examination of the term in the context of the law also reveals tensions. There are long held views that the truth is subservient to justice; and that proof rather than the truth is the justice system's main concern. That position, however, is not unanimous. A paradox that flows from this discussion is that there are at least two, potentially conflicting, kinds of truth in a trial- substantive truth and formal legal truth. The ramifications are significant.

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