Question

10

Is our adversarial legal system–in which an attorney dwells just on the facts that support the side by which he or she is paid–the system likeliest to achieve justice?​

Answer 1

Answer:

Is our adversarial legal system, in which a lawyer dwells just on the facts that support the side by which he or she is paid, the system most likely to achieve justice?

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Well, the adversary system is not perfect, that is for sure, but considering the cultures involved I cannot think of another system that resolves disputes and settles them fairly than the common law system developed by England and later adopted by the United States. When I mention cultures it is because the concept of “justice” can be different in different cultures. For instance, in a communist country justice might be that which most benefits the State. The legal systems in democratic countries most often are focused upon the individual. This is true even in countries with civil law systems such as France, where the law is heavily codified as opposed to the more flexible (in my opinion) common law system. However, other cultures value a type of justice that benefits the whole society.

An example of the latter is Japan where the idea of justice is less tied to the vindication of one party in a civil action or the punishment of criminals than what we practice in the West. The Japanese idea of justice is tied to harmony and internal resolution of problems. Thus, in Japanese society the fact that a legal dispute is in court is to some extent a poor reflection upon the litigants, who have failed to resolve the issue on their own. In criminal law the value the Japanese place on harmony resulted in what has been called the apology--forgiveness system where the accused is encouraged to confess and apologize, promising not to do the harm again, and the victim is expected to forgive. The goal is rehabilitation and returning the person to society. In these circumstances punishment is generally light. As you can imagine, this process does not work for serious criminals and repeat offenders and punishment for those can be quite harsh. Japanese prisons are very strict and regimented, resulting in a hard life for inmates but with the benefit that violence and rapes are not common. Japan still has the death penalty (by hanging).

Explanation:

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