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Title:

“Right to the truth” in the view of legal philosophy: foundation for the debate

ORCID:

0000-0002-6364-9793

Subject and Keywords:

right to the truth   freedom of speech   classical theory of truth   marketplace of ideas   public law

Tags:

public and procedural law

Abstract:

The text deals with the issue of “the right to the truth” in static and dynamic terms. The first one concerns the currently binding norms, the second — the law, whose characteristics are scarcely being shaped within the philosophy of law. In international law, the subject of the right is victims’ knowledge of past human rights violations. At the national level the legislator assumes that the disc-losure of information about the government’s activities is necessary for the effective functioning of democratic mechanisms. The author, based on the classical theory of truth created by Aristotle, tries to answer the question: is the liberal concept of “the marketplace of ideas” still an adequate mecha-nism for protecting this value, and if not, whether preserving the truth should become a function of public law. In some areas, public law already fulfils this function, and therefore the concept of “right to truth” ceases to be merely an expression of an idea or metaphor.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2020

Date copyrighted:

2020

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

DOI:

10.19195/0137-1134.122.5

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3994. Przegląd Prawa i Administracji 2020, 122, s. 73-85

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.