Truth of fiction might sound like a paradox, at least within the Platonic doxa. But perhaps there is no truth without fiction; Plato＇s own myths would testify to this necessary combination of ＂history＂ and ＂story...Truth of fiction might sound like a paradox, at least within the Platonic doxa. But perhaps there is no truth without fiction; Plato＇s own myths would testify to this necessary combination of ＂history＂ and ＂story＂ （histoire, storia, Geschichte, etc.）. Still, it might be not enough simply to affirm the necessity of fictional narrative for an historical account. In some cases, it would be difficult to accept a fictional aspect of historical testimony. Jorge Semprdn claims, on the other hand, that only fiction is able to communicate a traumatic, ＂unbearable＂ experience such as the one of prison camps. He refers to the work of Fyodor Dostoevsky as his model. My paper analyzes this testimonial aspect of Dostoevsky＇s Notes, especially the Notes from a Dead House. It shows, the particularity of this work, which combines an intense personal experience with a fictional elaboration, a quasi-novelistic setting, plot, and characters. I claim that in a sense such a combination might be considered as a model for literature in general, for its testimonial value, for its truth.展开更多
in China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.in fact, although som...in China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.in fact, although some other countries do not admit the qualification of children witnesses under certain age,they do not take it as the factor to measure whether a witness has qualification or not.It is the judge who can decide whether a witness has qualification or not.Based on the these foreign counlries＇ s experience,we should not limit the qualification of children witnesses in the legislation. However, for the particularity of children＇s cognitive ability,we should embody this particularity when we judge children＇s testimony and protect children witnesses.展开更多
In China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.In fact, although som...In China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.In fact, although some other countries do not admit the qualification of children witnesses under certain age, they do not take it as the factor to measure whether a witness has qualification or not. It is the judge who can decide whether a witness has qualification or not. Based on the these foreign countries＇s experience, we should not limit the qualification of children witnesses in the legislation. However, for the particularity of children＇s cognitive ability, we should embody this particularity when we judge children＇s testimony and protect children witnesses.展开更多
文摘Truth of fiction might sound like a paradox, at least within the Platonic doxa. But perhaps there is no truth without fiction; Plato＇s own myths would testify to this necessary combination of ＂history＂ and ＂story＂ （histoire, storia, Geschichte, etc.）. Still, it might be not enough simply to affirm the necessity of fictional narrative for an historical account. In some cases, it would be difficult to accept a fictional aspect of historical testimony. Jorge Semprdn claims, on the other hand, that only fiction is able to communicate a traumatic, ＂unbearable＂ experience such as the one of prison camps. He refers to the work of Fyodor Dostoevsky as his model. My paper analyzes this testimonial aspect of Dostoevsky＇s Notes, especially the Notes from a Dead House. It shows, the particularity of this work, which combines an intense personal experience with a fictional elaboration, a quasi-novelistic setting, plot, and characters. I claim that in a sense such a combination might be considered as a model for literature in general, for its testimonial value, for its truth.
文摘in China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.in fact, although some other countries do not admit the qualification of children witnesses under certain age,they do not take it as the factor to measure whether a witness has qualification or not.It is the judge who can decide whether a witness has qualification or not.Based on the these foreign counlries＇ s experience,we should not limit the qualification of children witnesses in the legislation. However, for the particularity of children＇s cognitive ability,we should embody this particularity when we judge children＇s testimony and protect children witnesses.
文摘In China, children witness has not been articled in three procedural laws, some scholar do not think that either children nor other person with no legal capacity should have witness qualification.In fact, although some other countries do not admit the qualification of children witnesses under certain age, they do not take it as the factor to measure whether a witness has qualification or not. It is the judge who can decide whether a witness has qualification or not. Based on the these foreign countries＇s experience, we should not limit the qualification of children witnesses in the legislation. However, for the particularity of children＇s cognitive ability, we should embody this particularity when we judge children＇s testimony and protect children witnesses.
