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On The Efficient Organization Of Trials: A Comment

Author

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  • J. A. Ordover
  • Phillip Weitzman

Abstract

‘[…] the opposing party is indispensable in the judicial process; not because he increases the animosity and belligerence between the parties and not because he permits counsel to give vent to greater eloquence, but in the interest of justice and the judge, for whom the best and easiest method of seeing the whole truth before him, illuminated from all sides, is through the juxtaposition of the opposing claims of the parties. This comparison between the judicial process, based on the opposition of two parties, and the parliamentary system, founded on the struggle between the majority and the opposition, has more than a purely theoretical value; that is, the similarity is more than purely aesthetic. […] To abolish the freedom of the parties and to transform the Parteiprozess into a procedure where all initiative would emanate from the judge […] is equivalent to […] a trial without a trial1.1

Suggested Citation

  • J. A. Ordover & Phillip Weitzman, 1977. "On The Efficient Organization Of Trials: A Comment," Kyklos, Wiley Blackwell, vol. 30(3), pages 511-516, August.
    • Handle: RePEc:bla:kyklos:v:30:y:1977:i:3:p:511-516
    DOI: 10.1111/j.1467-6435.1977.tb02208.x
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    Cited by:

    1. Boari, Nicola, 1997. "On the efficiency of penal systems: Several lessons from the Italian experience," International Review of Law and Economics, Elsevier, vol. 17(1), pages 115-126, March.
    2. Palumbo, Giuliana, 2001. "Trial procedures and optimal limits on proof-taking10," International Review of Law and Economics, Elsevier, vol. 21(3), pages 309-327, September.

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