Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 2

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  judicial truth
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1
Publication available in full text mode
Content available

Current Meanings of the Legal Culture Concept and the Question of Truth Regarding its Elements

100%
Iovan M.
Academicus. International Scientific Journal
|
2019
|
issue 19
49-64
EN
The article introduces and approach of the philosophical concept of legal culture from the perspective of a global vision on the structure and evolution of society as a whole, of the legal life as part of it. In this context, the underlined idea is that the sphere of legal culture contains, in addition to the knowledge of law - the information from the field of legal sciences, elements of common knowledge, beliefs, attitudes, mentalities, legal norms, traditions, the active customs in the operation and enforcement of laws, the functioning mechanisms of state institutions in connection with the behaviour of social action agents: natural persons and legal persons. The anatomy of the legal culture is analyzed, highlighting the idea that its core is the legal knowledge, the scientific information in the field of law, which contains truthful and verified assertions. The article questions the truth of the components of legal culture, starting from the premise that judicial systems that violate the truth are incapable of producing justice. The act of justice is guided entirely by the truth, by truthful information. The achievement of justice and equity in society, the efficient functioning of the judiciary depends, not as much on the level of development of legal knowledge, the law sciences, but on the unity and functional coherence of the legal culture subsystem in its entirety.
2
Publication available in full text mode
Content available

Realizacja zasady prawdy w postępowaniu cywilnym a ciężar dowodu i ciężar argumentacji

100%
Krok M.
Acta Universitatis Lodziensis. Folia Iuridica
|
2014
|
vol. 73
EN
The purpose of the paper is to analyze, how rules of the burden of proof and rules of the burden of argumentation justify a thesis, which is found as a true statement by court. Two concepts of the truth discussed in the Polish civil procedure (the objective/material truth and the judicial truth) are compared in connection with the rules of the burden of proof and the burden of argumentation. The rules of burden of proof and the rules of the burden of argumentation are constitutive rules. They state under what conditions a thesis counts as justified. The justification of a decision of applying law based on the rules of the burden of proof or rules of the burden of argumentation is institutional, not substantial.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.