Epistemology In The Context Of Legal Truth

Does truth exist in the law? Or does the legal truth exist? Which is a precondition in relation to the legal ground of the legal interpretations and judicial decisions. During the judicial process, only in the condition of existence of legal truth, the kgal interpretations and applications can have the ultimate acceptability;otherwise we cannot explain why the personal legal interpretations of judgers can be the judicial decision with legal enforcement. So researches on the legal truth during the judicial process not only have the doctrinal significance of telling wrong from truth but also have very important realistic significance. On the legal ground of judicial decisions, taking the legal truth as the legal ground can reduce the diversions of valuable norms in the judicial judgments. Because the ontic truth belonging to the transcendental domains, which cannot be realized and justified, in this article we only study the legal truth of epistemology, and by which we can realize the significance of the legal truth as the legitimate ground, and make the primary summaries on the ultimate ground of laws and judicial decisions.The first part mainly studies the relationships between legal truth and philosophical truth. To many degrees, the question of truth is a primary one in philosophy, so probing into the all kinds of the concepts of truth from the angles of philosophical histories will be benefit to us treating the legal truth in a more profound degrees. In the ideal relations, legal truth can be regarded as the concrete application of philosophical truth in legal province, but due to the unique feature of practice of jurisprudence, it makes clear difference in the forms between legal truth and philosophical truth.As the main body, the second part discusses the context and feature of the legal truth. According to the standpoint, the researches on legal truth can be divided into two approaches, ontic and epistemological way. In this part we emphases on the former, and descript the nature of legal truth in this given context primarily.The third part investigates the three standpoints of legal truth in western jurisprudence. Through the comparisons of standpoints of the Realism Jurisprudence, Hart and Dworkin, we can regard them as nihilism, relativism and absolutism separately. Relative to the otherstandpoints, the relativism has more advantages, and should be the basic standpoint towards legal truth.The forth part examines the inner relations between legal truth and legitimate of judicial decisions, and hold that the legal truth be the ultimate legitimate ground of the judicial decisions. In the contents, legal truth was made up of two parts, legislative truth and judicial truth. The dual structure of legal truth decides that if judicial decisions want to have enough legitimate ground, it is not only need the due judging during the judicial process, but also need the good and justice of the laws themselves.