Civil Law and Common Law Procedures: Which is the More Inquisitorial? A Civil Lawyer's Response
1989; Oxford University Press; Volume: 5; Issue: 4 Linguagem: Inglês
10.1093/arbint/5.4.357
ISSN1875-8398
Autores Tópico(s)Criminal Law and Evidence
ResumoIn the international world, and sometimes in the domestic one as well, lawyers tend to live on comfortable but unchecked assumptions. I have regularly been faced over the years with the following statement, usually uttered, for some unknown reason, by elderly ladies: ‘My father, who was a solicitor, always told me that on the continent the accused was presumed to be guilty and had to prove his innocence, whereas in England the accused is assumed to be innocent unless he is proved guilty’. Strangely I have never been told the same thing by offspring of the other branch of the legal profession. Another such assumption is the widespread opinion that civil procedure in Civil Law countries is inquisitorial, whereas this popish inheritance has been healthily rejected by Common Law countries, whose procedure is purely accusatorial. As with many such trenchant generalities, this proposition is to some extent correct, but, in...
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