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The agonistic system used in jurisdictions inheriting from english common law is trial by combat. It's supposed to work that way. The requirement of a disinter
by olefoo 17y ago
The agonistic system used in jurisdictions inheriting from english common law is trial by combat. It's supposed to work that way.
The requirement of a disinterested judge, the structured dialogue of contending opinions; the whole notion of facing the accuser directly and of having a champion to represent your interests fall out of this.
There are other judicial systems where a judge-advocate investigates and is supposed to arrive at the truth (mostly in nations that inherit from the Napoleonic Code); but anglo-saxon justice is explicitly a substitute for the duel.