به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری حقوق خصوصی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
Although, in Chapter Four of the Code of Civil Procedure, concerning the hearing, the legislator has required the parties to produce at the first hearing the originals of the documents , the judge cannot, like a lifeless body, sacrifice that which, in his view, “corresponds” to reality—and which the legislator has expressly recognized in the chapter concerning the examination of evidence and under Article 199 of the aforementioned Code—in favor of the “coherence” governing the relations among words, when seeking to reconcile the foregoing obligation with the discovery of truth.The judge, is the very “consciousness” of the court whose ultimate role is embodied in the form of the judicial decision and, as a socially consequential act, is inscribed upon the summit of society’s movement toward truth.
What binds the judge is not merely the semantic relations among words, nor solely his responsibility toward the parties to the dispute; for the judge is, in reality, the representative of a society in its pursuit of truth. The course he takes, and the initiatives he undertakes with courage and boldness, constitute the manifested, articulated, and written form of a society’s own path toward attaining truth.
کلیدواژهها English
