The construction of truth in legal decision-making

Petrina Schiavi

    Research output: Chapter in Book/Report/Conference proceedingChapter

    Abstract

    This chapter is about the construction of “truth” by judges in legal decisionmaking. It investigates how judges operating within an adversarial system of law are able to “find the true facts” from the competing evidence presented to the court by parties to a dispute. In the process, it identifies the techniques used by judges to explain the phenomenon of conflicting accounts of reality in such a way that the belief in a single reality is not threatened. Fundamental to this analysis is the notion that language plays an integral role in the production and reproduction of social facts and social order.
    Original languageEnglish
    Title of host publicationExploring Courtroom Discourse
    Editors Le Cheng, Anne Wagner
    Place of PublicationUK
    PublisherTaylor & Francis Group
    Pages193-208
    Edition1
    ISBN (Print)9781317137474
    Publication statusPublished - 2016

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