The Ars interrogandi in the Judicial Examination (cc. 1534; 1558–1571)
The instruction phase is a crucial part of the canonical judicial process, as it is particularly aimed at uncovering the truth of the controverted matter by providing the judge(s) the proofs necessary to make a correct judgment. Canon law envisions that most of the proofs in a trial usually come fro...
Main Author: | |
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Format: | Print Article |
Language: | English |
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Published: |
School of Canon Law, The Catholic University of America
2023
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In: |
The jurist
Year: 2023, Volume: 79, Issue: 2, Pages: 325-371 |
Summary: | The instruction phase is a crucial part of the canonical judicial process, as it is particularly aimed at uncovering the truth of the controverted matter by providing the judge(s) the proofs necessary to make a correct judgment. Canon law envisions that most of the proofs in a trial usually come from the judicial examinations of parties and witnesses. The norms governing the judicial examination help to ensure that it is carried out in a way that is just and aimed at uncovering the truth. Beyond these norms—and in accordance with them—there is also the ars interrogandi, the art of questioning in a way that best uncovers the truth. This article seeks to develop the art of questioning in the judicial examination, drawing from both canonical and forensic literature. |
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ISSN: | 0022-6858 |
Contains: | Enthalten in: The jurist
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