Rätt utan Sanning?

Research output: Contribution to journalArticle


The legitimacy of the judiciary hinges 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 previosly all-powerful assumption of the objective nature of reality and knowledge has been challanged and criticized. Ideas of a more relativistic character has 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 judicial process as it is 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 Processas an alternative to the traditional criminal procedureare discussed as examples of these recent developments.


  • Moa Bladini
Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law


  • processrätt, straffrätt, paradigmskifte, Sanning, criminal law, civil and criminal procedur
Original languageSwedish
Pages (from-to)243-258
JournalNordisk tidsskrift for kriminalvidenskab
Volume95 (2008)
Issue number3
Publication statusPublished - 2008
Publication categoryResearch