Back to Search Start Over

Fundamental consideration of truth: In general and in criminal law

Authors :
Drakić Dragiša S.
Source :
Zbornik Radova: Pravni Fakultet u Novom Sadu, Vol 50, Iss 1, Pp 107-127 (2016)
Publication Year :
2016
Publisher :
University of Novi Sad, Faculty of Law, 2016.

Abstract

In this paper the author deals with the eternal issue of truth - in general and in criminal law. In the first part of the paper the author speaks about the significance of truth as such, but also about its role and place in contemporary society. He continues elaborating the idea of truth as it was in ancient Greek philosophy and poetic tradition given that Ancient Greece represents the cradle of the idea of truth. This part of the paper ends with an analysis of the Aristotle's understanding of truth which is, according to the author, the beginning of the new era of modern understanding of the truth phenomenon. In the following part of his paper the author analyses the opinions of the 20th century outstanding philosophers who occupied themselves with so called factual truth - which, in his opinion, includes the truth reached in criminal law. This type of truth is analysed further. The author concludes that the maximum to be reached in the criminal procedure is conviction i.e. belief that we are in the possession of truth. When reaching ' objective ' truth is concerned as undoubtless certainty that a criminal offence has been commited, as well as all details referring to its commission, the author believes that this is the 'eternal' but never accomplished ideal. Finally, the author proposes the modality of truth, which is most likely to be accomplished within criminal law and procedure. .

Details

Language :
English, Serbian
ISSN :
05502179, 24061255, and 36362980
Volume :
50
Issue :
1
Database :
Directory of Open Access Journals
Journal :
Zbornik Radova: Pravni Fakultet u Novom Sadu
Publication Type :
Academic Journal
Accession number :
edsdoj.5b504117c5824200b36362980e67f824
Document Type :
article
Full Text :
https://doi.org/10.5937/zrpfns50-10625