Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
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Elisabetta Grande
Different ideas about justice convey different images that can be captured by a dancing metaphor. This paper suggests that the adversary system can be associated with the idea of a ‘tango justice'; the non-adversary one with that of a ‘rumba justice.' ‘Tango' can be performed by two dancers and only by those two, acting together in the venture of establishing the adversarial truth. ‘Rumba,' on the contrary, is performed by a variable number of dancers occasionally alone and occasionally in groups with many shifts and continuous substitutions of dancers and roles. It is a genuinely communal performance in the collective search of an objective truth. The paper shows that the two dances associated with the two systems reflect different notions of ‘truth' and lead to different procedural arrangements consistent with their underlying tenets.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Artikel in diesem Heft
- Topics Article
- Arbitration Clause as Unfair Contract Term from the Perspective of Czech and EC Law
- The Idea of Law in Classical Chinese Legalist Jurisprudence
- Overcoming the Mere Heuristic Aspirations of (Functional) Comparative Legal Research? An Exploration into the Possibilities and Limits of Behavioral Economics
- Is "Proof Beyond a Reasonable Doubt" a Self-Evident Concept? Considering the U.S. and the Italian Legal Cultures towards the Understanding of the Standard of Persuasion in Criminal Cases
- Advances Article
- Hedge Funds' Empty Voting in Mergers and Acquisitions: A Fiduciary Duties Perspective
- Frontiers Article
- Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
