回应 Marchetti 等人和 Felstead & Patihis 对我关于 "另类真理 "论文的评论

IF 2.2 2区 社会学 Q1 CRIMINOLOGY & PENOLOGY
Israel Nachson
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引用次数: 0

摘要

对我论文的两个评论强调了澄清“另类真理”概念的必要性,这可能被一些读者误解。很容易注意到,法律和治疗的“真理”的概念被写在引号内,从而表明它们似乎是正确的,但实际上不是。当然,唯一明确的事实是事实真相(没有引号),指的是实际发生的事情。我使用“真相”这个词,而不是,比如说,叙述,是为了表明,出于法律和治疗的目的,一个给定的叙述可能被视为真相。例如,法官对某一案件的事实真相可能有预感,也可能没有预感。然而,他们必须遵守证据规则,并根据“法律真相”(引号内)作出裁决,这可能与事实真相相符,也可能与事实真相不符。同样,术语“治疗真相”意味着心理治疗要成功,治疗师应该将来访者对过去创伤事件的描述与她眼中的真实(“真相”)联系起来。这意味着只有一种对事件的真实叙述。所有其他的叙述都被方便地认为是“真理”,在特定的背景下,为了特定的目的。这种推理排除了事实真相无法明确确定的情况,以及相关人员对有争议的事件过程提供不同的报告。在这些情况下,“真相”是“在旁观者的眼中”,因此它可能是部分的或多重的。这显然不是恢复记忆的情况,只要没有确凿的证据,事实真相就无法确定,人们只剩下原告的叙述,这是她的“真相”(应该由治疗师这样对待),法院的判决,“法律真相”,是基于控方提供的证据。简而言之,虽然只有一个真理,但可能有多个可供选择的“真理”。在我的论文中,我呼吁法官提高对替代性“真相”的问题本质的认识,以便加强“法律真相”与事实真相之间的对应关系,这只能通过确凿的证据来实现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Response to Marchetti et al.'s and Felstead & Patihis' comments on my paper on “alternative truths”

The two comments on my paper highlight the need to clarify the concept of “alternative truths” which might be misconceived by some readers. As it is readily noticeable, the concepts of legal and therapeutic “truths” are written within quotation marks, thus indicating that they are seemingly, but not actually, true. The only unequivocal truth is, of course, the factual truth (without quotation marks) that refers to whatever actually took place. I used the term “truth,” rather than, say, narrative, in order to indicate that for legal and therapeutic purposes a given narrative may be treated as if it is the truth.

For example, the judges may or may not have a hunch as to what the factual truth in a given case is. Yet, they must abide by the rules of evidence, and issue a verdict based on the “legal truth” (in quotation marks) which may or may not correspond to the factual truth.

Similarly, the term “therapeutic truth” means that for psychotherapy to succeed, the therapist should relate to the client's version of the past traumatic events as veridical (“truth”) in her eyes.

That means that there is only one truthful narrative of the event under consideration. All other narratives are conveniently considered “truths” in specific contexts for particular purposes. This reasoning excludes cases where the factual truth cannot be definitely determined, and the people involved provide differential reports of the controversial course of events. In these cases, the “truth” is “in the eye of the beholder,” and consequently it might be either partial or multiple. This is clearly not the case in recovered memories where whenever there is no corroborative evidence, the factual truth cannot be determined, and one is left with the plaintiff's narrative, which is her “truth” (and should be treated by the therapist as such), and the court's verdict, the “legal truth,” as based on the evidence provided by the prosecution. In short, while there is only a single truth, there may be multiple alternative “truths.” In my paper I call for increased awareness among the judges of the problematic nature of the alternative “truths,” in order to enhance the correspondence between the “legal truth” and the factual truth, which can be solely achieved by corroborating evidence.

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来源期刊
CiteScore
4.00
自引率
4.30%
发文量
31
期刊介绍: Legal and Criminological Psychology publishes original papers in all areas of psychology and law: - victimology - policing and crime detection - crime prevention - management of offenders - mental health and the law - public attitudes to law - role of the expert witness - impact of law on behaviour - interviewing and eyewitness testimony - jury decision making - deception The journal publishes papers which advance professional and scientific knowledge defined broadly as the application of psychology to law and interdisciplinary enquiry in legal and psychological fields.
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