The construction of truth in legal decision-making

Petrina Schiavi*

*Corresponding author for this work

    Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

    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
    Subtitle of host publicationThe Language of Power and Control
    PublisherTaylor and Francis
    Pages193-208
    Number of pages16
    ISBN (Electronic)9781315581620
    ISBN (Print)9781409423478
    Publication statusPublished - 15 Apr 2016

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