Rätt utan Sanning? – en reflektion angående Sanningens roll i straffprocessen idag

• The legitimacy of the judiciary relies 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 previously all-powerful assumption of the objective nature of reality and knowledge has been challenged and criticized. Ideas of a more relativistic character 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 possibility to justify the judiciary and the judicial process as it is designed 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 Process as an alternative to the traditional criminal procedure are discussed as examples of these recent developments.

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

Nyckelord

Processrätt

Sanningsbegreppet

utvecklingstrender

Publikations- och innehållstyp

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