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4 - Truth Finding and the Mirage of Inquisitorial Process

from Part II - Convergences between Systems

Published online by Cambridge University Press:  05 May 2022

By
Adrian A. S. Zuckerman
Edited by
Jordi Ferrer Beltrán  and
Carmen Vázquez
Jordi Ferrer Beltrán
Affiliation:
Universitat de Girona
Carmen Vázquez
Affiliation:
Universitat de Girona
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Summary

My argument is that it is impossible for a judge to both provide unrepresented and poorly qualified litigants with meaningful legal assistance while at the same time avoiding impartiality. The English system of civil justice offers poor access to litigants of limited means. This has been the case for a long time, but the problem has become even more serious since the abolition of legal aid in civil cases and there it is now urgent to address it. The strategy that seems to appeal to the legislator favours procedures that can be conducted without the involvement of professional advocates, of inquisitorial proceedings. This strategy is misconceived. While there is much to be said for simplifying the litigation system through use of technology, online resources and other labour-saving measures, there is no substitute for adversarial process.

Keywords

Adversarial processunrepresented litigantsEnglish systemlitigation system
Type
Chapter
Information
Evidential Legal Reasoning
Crossing Civil Law and Common Law Traditions
 , pp. 71 - 83
Publisher: Cambridge University Press
Print publication year: 2022

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