LAWS 3305 Lecture Notes - Lecture 5: Jury Nullification, Inquisitorial System, Adversarial System
Document Summary
* shift in 19th century from local to a liberal society from agricultural society that took its cues from custom to liberal capitalism, including rationalization and universalism that political economy fostered * Key elements of this political/economic/cultural system : attention to the individual, freedom, equality, and property for the individual, universalist rather than particularist want things to work the same way everywhere and apply to all people. Monarchical or aristocratic societies social stratification & different levels of status. Civic republicanism concerned w/ community as a whole; individual duty to community; civic virtue. The shift toward the adversarial trial in britain. Inquisitorial system: more concerned w/ finding truth rather than winner vs. loser; judge provides evidence on behalf of both parties; judge as prosecutor/defence/judge. Adversarial system: judge hears two parties and whichever brings most compelling arguments wins (i. e. canada) The non-adversarial approach to trials in early-modern england the altercation trial or the accused speaks" trial (john langbein)
