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Polyphony and Truth in Legal Narratives

Abstract

The article is inserted in the research field of Law and Literature, more specifically in the scope denominated Law as Literature. It approaches the judicial process and, highlighting its polyphonic and narrative aspects, aims at demonstrating the pertinence of incorporating the notions of narrative coherence and verisimilitude to decision theory. To do so, it uses the Bakhtinian concept of polyphony, which comes from literary and linguistic studies, by examining the dialogic nature of language and characterizing the polyphonic discourse; then, it highlights the narrativity and the polyphony of the judicial process; and, finally, to illustrate the theoretical conclusions reached, the paper problematizes the conception of truth postulated by Michele Taruffo, opposing it to the idea that a judicial decision constitutes a piece of fiction assumed to be true.

Keywords:
Legal Narrative; Polyphony; Truth

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