NCJ Number
44560
Editor(s)
E CHASE
Date Published
1977
Length
282 pages
Annotation
THE AMERICAN SYSTEM OF LAW IS EXPOSED AS VICTIMIZING THE PUBLIC AND SUBVERTING TRUE JUSTICE.
Abstract
THE GENESIS, EVOLUTION, AND RATIONALE OF THE ANGLO-AMERICAN ADVERSARY LEGAL APPROACH ARE DESCRIBED. THE TEXT TRACES THE PROCEDURE'S PRE-CHRISTIAN STYLISTIC ORIGIN IN TRIAL BY ORDEAL, TOGETHER WITH ITS DIVINE-LAW PHILOSOPHIC INHERITANCE WHICH, ORDAINING THAT ONLY RIGHT WILL WIN, ULTIMATELY JUSTIFIES 'ANYTHING GOES IN ORDER TO WIN.' THE LEGAL SYSTEM'S CONCEPTUAL SYSTEM IS EXAMINED AND THE CLOSE CONNECTION BETWEEN THE 'WIN SYSTEM' OF LAW AND THE ADVERSARY SOCIETY IS DETAILED. THE AUTHOR SETS FORTH POSSIBLE REMEDIES AND SKETCHES A NEW LEGAL SYSTEM BASED ON NEW PREMISES, INVITING DIALOGUE OUTSIDE THE OLD FRAMES. NOTES AND AN INDEX ARE APPENDED. (AUTHOR ABSTRACT MODIFIED).