3 ms·
On your first point, as a non-expert in law and law history, I wonder to what extent these differences in trial procedure are rooted in the difference between c
by rapht 14y ago
On your first point, as a non-expert in law and law history, I wonder to what extent these differences in trial procedure are rooted in the difference between common law and civil law.
To add to the examples, I'd say that France and Italy have procedures very similar to those described as the German system, and indeed all have a civil law system.
However, the link does not seem that obvious : the way trials are organized is not necessarily dependent on the way law is built.
- BjoernKW 14y agoThe adversarial system and principles like "being judged by one's peers" are deeply ingrained in common law systems. Generally, the underlying ideas are good as they're meant to limit the authorities' powers to bring people to trial.