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Has ever an attempt been made to link the notion of 'aletheia' with the legal concept of truth and legal facts?
 
Posts: 1 | Location: Zurich/Switzerland | Registered: January 30, 2003Reply With QuoteReport This Post
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Hello,

I am not aware of an attempt such as that, but there are other people here that will be able to tell you either way with much more certainty. In the mean time though. I would think that such a comparison would be very difficult, and might even betray both the original greek as well as Heidegger's conception.

Heidegger clung to 'aletheia' as an alternative to the tacitly held conception of truth as 'correctness.' Heidegger presented 'aletheia' specifically as phenomenological un-concealedness. This would likely put it at odds with the conception of truth applicable in legal matters.

So, I bet a Heidegger paper contrasting the two notions would be a fantastic way to outline 'aletheia.' Just some thoughts.

Best,

w

Schwer verlaesst
was nahe dem Ursprung wohnet, den Ort.
 
Posts: 4 | Registered: January 14, 2003Reply With QuoteReport This Post
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I am slightly unsure about previous advice. I have little to say about this but I am confused to hear yet again that Heidegger presented an "alternative" to truth as correctness. At least in his more comprehensible earlier writings - those in which "phenomenological un-concealedness" features - he did no such thing. Rather, as per his usual methodology, he sought to uncover the "ontological" foundations of the traditional approach, which he states very clearly is "correct". If I assert that p and p is the case then what I have asserted is true. This is trivial. What remains of interest and by no means trivial are the (phenomenological) details of how and why.

I cannot see what the problem would be - from a Heideggerian perspective - with developing a coherent (and, by the way, interesting) phenomenological account of how legal facts - supposing there are such - are disclosed. This would probably have to involve a critique of how truth is understood in the legal tradition (Dworkin etc.). As an aside, I would imagine Husserl had more to say on this kind of thing - that might be a better starting point from which you could radicalise to end up with something broadly Heideggerian. I cannot believe there isn't a thesis somewhere or a monograph on this!

Best Wishes and good luck in your efforts
 
Posts: 1 | Registered: January 31, 2003Reply With QuoteReport This Post
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