Beyond the Adversarial System
- ISBN-10
- 1862871531
- ISBN-13
- 9781862871533
- Category
- Adversary system (Law)
- Pages
- 168
- Language
- English
- Published
- 1999
- Publisher
- Federation Press
- Authors
- Helen Stacy, Michael Lavarch
Description
Australia is presently seeking to streamline its civil justice system. It is popular folklore that the Australian civil justice system is inaccessible to 'ordinary people' as it is expensive, slow and complex. The reasons for these alleged failings are attributed to various causes, such as arcane and inefficient judicial practices, money-hungry lawyers or, more fundamentally, to the very underpinnings of civil litigation - adversarialism. This volume confronts this folklore. It provides perspectives about civil justice from its major user and funding source (government) and the group of Australians who have used it the least and feel most alienated from the system (indigenous Australians). It explores the insights of those who work with adversarialism day in and day out (judges and lawyers) and reveals both defenders and strident advocates for change. Finally, it steps back and gives an outsider's view of Australian adversarialism from those with knowledge of a sister system in the United States.
Get the book
Similar books
-
Our Corrupt Legal System
By Evan WhittonRyan's letter, written on 10 feet of lavatory paper the night before he was hanged, said he was not guilty of intent. I tend to believe him, and that life for manslaughter would have been appropriate. The hangman, a Melbourne chemist, ...
-
Partisan Justice
By Marvin E. FrankelAn appraisal of the adversary legal system in the U.S. by a former federal judge now practicing law, who finds the adversary process not truly adversary but seeking partisan justice rather than truth.
-
Evidence and the Adversarial Process
By Jenny McEwanClearly written and argued this book examines the key issues in the field: * Is the adversarial process best suited to the discovery of truth?. * Do recent reforms indicate the first steps away from the adversarial contest?. * Is English ...
-
Adversarial Justice: America's Court System on Trial
By Theodore L. Kubicek... the process by trying to sell their case instead of asking ques- tions that will help select ajury.”714 This judicial activity would not be as necessary, although more acceptable to the attorneys, in a non- adversarial setting.
-
The Origins of Adversary Criminal Trial
By John H. LangbeinThe lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
-
Modern Complex Litigation
By Jay Tidmarsh, Roger H. TrangsrudThis successor to Complex Litigation and the Adversary System, which was published in 1998, has been reorganized and the text completely rewritten.