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Fighting for Justice - The History and Origins of Adversary Trial (Paperback)
Loot Price: R961
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Fighting for Justice - The History and Origins of Adversary Trial (Paperback)
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This book shows how adversary trial evolved in England only in the
18th century. Its origins and significance have tended to go
unrecognised by judges, lawyers, jurists and researchers until
relatively modern times when conflict has become a key social
issue. Even now, there is a major dispute as to how and why
adversary trial came into existence and little connection has been
made with its contribution to the genesis of many rules of evidence
and procedure and the modern-day doctrine of human rights - whereby
citizens are able to take a stand against the power of the state or
vested interests. John Hostettler sets the record straight. John
Hostettler is an eminent commentator on criminal justice and its
history. In this book he focuses not only on the birth and meaning
of adversary trial but also on the historic central role of the
lawyer and advocate Sir William Garrow Hostettler assesses how
deep-rooted is the notion of opposing parties in the common law,
the English psyche and thus within other countries such as the USA
that have followed the same model - whereby lawyers champion
opposing causes. One aim of the book is to provide an aid to
understanding of present-day moves for reform in the direction of
restorative methods by outlining the contribution that adversary
trial has made to the development of common law systems.
'Interestingly characterises the emergence of adversary trial, in
which defence counsel is allowed to cross-examine the prosecution,
as the genesis of a recognisably modern human rights culture, which
has subsequently expanded across the developed world': Thames View
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