(Download) "Stranded Between Partisanship and the Truth? A Comparative Analysis of Legal Ethics in the Adversarial and Inquisitorial Systems of Justice." by Melbourne University Law Review ~ Book PDF Kindle ePub Free
eBook details
- Title: Stranded Between Partisanship and the Truth? A Comparative Analysis of Legal Ethics in the Adversarial and Inquisitorial Systems of Justice.
- Author : Melbourne University Law Review
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 359 KB
Description
[In an era of commonality and convergence among different legal systems, the study of comparative legal ethics is important in determining how we assess the merits of developments in our own legal system and profession. The contrast between legal ethics in the adversarial and inquisitorial systems of justice provides an illumination of the differing telos of each system. Whilst there is a significant degree of overlap in the ethical issues confronted by legal practitioners in each system, important differences, particularly in the criminal sphere, reveal very different ethical pressures on advocates. In confronting the danger of 'non-accountable partisanship', the common law practitioner should be aware of the merits and pitfalls of each system, lest calls for reform overlook the foundational differences between the systems themselves.] We will not at present inquire ... whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn asseveration, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false. (1)
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