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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - June 18, 1974, Lethbridge, Alberta Tuesday, June LETHBRIDGE Adversary law system is protection By Morris Shumiatcher, Regina lawyer It is fashionable today to decry the adversary system of trying cases in our courts of law as obselete. The barrister as heir to the traditions of the ancient gladiator and medieval champion who battled for hire is said to be fighting an archaic cause when he enters the arena of the courtroom and does battle with his learned adversary for his client armed with an arsenal of legal precedent and reason. It is contended by some that it is time that differences between parties be settled not by confrontation and debate but upon a "more rational" and pacific basis. It is said, especially of family disputes involving spouses and children, that legal proceedings should be "conferential" in nature. An atmosphere of peace and quiet, it is suggested, is more conducive to the reaching of a satisfactory result, and a consensus of the parties is preferable to a judgment imposed upon them. The law and its institutions did not come into existence full blown as a result of some 1974 by NEA. "Gef in there and take your seaf and don't try to get funny with any stewardesses, planner's post graduate studies research project. They developed slowly, over the centuries, as a result of the needs of individuals, psychologically, economically and legal. The trial procedures in the courts of law are a prime example of this process of growth and maturity. The adversary system is based upon the premise that where two parties are at odds, they have not assumed their positions capriciously. Rather, it is presumed that they have a sound basis, in their own minds at least, for the objective that each of them -seeks to achieve. Accordingly, it is believed that in the processes of debate, where ideas can be advanced and pitted one against the other, it is likely there will be produced a refinement of the differences that exist between them. Out of debate emerges clarification. And as the issues between the parties narrow, the just and reasonable resolution of the differences often appears almost as a matter of course. The answer becomes obvious and an adjudication becomes relatively simple. The purpose is not necessarily to achieve a "consensus" in the sense of a compromise. This may be possible under some circumstances. But when individuals have reached a point when they are unable to settle their own affairs and they "go to law" to secure a final settlement, they are entitled to something' more than a round table conference. They wish, and indeed they need a firm judgment from an impartial individual who is perceptive of the ways of mankind, and learned in the law. This, the adversary system assures. In the adversary process, the miracle of the human mind begins to take form. It is out of the clash of apparently irreconcilable ideas that I have found, frequently, to emerge new and better ideas which neither of the contending parties had entertained before they entered the arena of the courtroom. The sparks that fly from the clash of contention ignite new thoughts and better ideas, and it is these that most often resolve the disputes between the parties. The oral tradition of the courts of England that we, in Canada inherited and apply daily in the trial of cases of all descriptions serves the public well. It is the heart of a dynamic judicial process and there is no substitute that is capable of producing comparable results. In the United States, it has become the custom for lawyers to compile and present to the courts voluminous briefs containing learned and involved arguments and authorities which are laid before judges in place of the more volatile and flexible oral argument. In Canada, we are under the influence of both practices, and our tradition is developing toward a half way point where written and oral argument are combined, and both serve useful purposes. Both lend themselves to the Book reviews spirit of contest and to the emergence of clear cut issues and sound conclusions. Even where the issues are highly charged with emotion where husband and wife are locked in mortal combat, the courtroom is often the only place where the antagonistic parties ultimately give expression to their hostilities and relieve themselves of burdens that they have borne silently for decades. The courtroom, no less than the gridiron and the wrestling ring is a place where passions are vented and tensions released. There is a purgative aspect to a trial, and confrontation lies at its root. It is not the sort of experience one welcomes and lawyers, universally today, spend far more time keeping their clients out of court than pleading their causes before judges and juries. But when all else fails, there is a certain comfort in knowing that contention can be finally laid at rest in a forum which is dedicated to testing the facts to arrive at the truth, to studying the law to know what is right, to 'hearing both sides of every issue to assure a just result, and finally to delivering judgments giving reasons for each decision. There is no guarantee against human error. But the adversary system of the courts of law is a mighty bulwark against caprice and human blunder. A different approach "Christian Faith and the Question of History" by Norman Pittinger (Fortress Press, paperback, 151 pages, distributed by G. Welch Co. R. MACLEODS NEED AT GREAT SAVINGS Prices effective Wed., June 19 to Sat., June 22. I I I I I I I I I SAVE DELUXE COOLER Enamelled steeP outer case Urethgne foam insulation Lead- proof plastic liner Reg. 23.88 (83 19 SAVE SPINNING REEL 4300. Stainless steel baU bearings cut pinion gear many other features Reg. 17.95 (68211 14 SAVE SI3 9" X 9 TOURIST TENT "Cross" steel out- side frame Butyl- dn yellow roof, view-piex v.indo.'. nylon screened door Reg. 62.95 (9500) 49 SAVE sr AIR MATTRESS 799 Centre waffle with tube sides and pil- low Guaranteed for use in water Reg. 8.88 (7836) HIAWATHA DELUXE MONO LINES SAVES1 "scout" SLEEPING BAG yes YOUR CHOICE By Berkley. Choice ot 6. 8. 10. 12 Ib. Hefl. 1.00 to 1.30 Limit 2 spools per customer. (4909) SAVE! SAVE! SAVE! MEN'S LADIES' LUGGAGE Matched, moulded fibreglass rein- forced. High impact moulded shells Full Sanitized taffeta interiors Ladies available in Blue and Avocado Mens m Tobacco. Denim dnll outer- shell Plaid cotton lining 3 Ib tibre lilt Reg. 8.88 (1730) Olfl Pai" 12'. 7'. large sollo-n eon partment Reg. 5.88 (0925) HIBACHI BAR-B-Q Perfect or out Beg. 7.97 indoors (25-5060) 597 COLEMAN FUEL Fail dean Easy slarls tor VOUT Coternari appli- ances 12S 11 oi can (9008) SAVE TACKLE BOX 444 SAVES100 6" FILLET KNIFE AQ I'lrtO" PiTfn nanolfr Mm j-T-w-jilH Beg. 5.49 {-an3) JOHNSON CENTURY SPINCAST REEL 13" 16" Vanity 9872 Reg. 21.95 21" Weekend Case 9873 Reg. 21.95 22" Wardrobe Case 9874 Reg. 27.95 25" Pulman Case 21 "Men's Companion Case 25" Men's 2-Suilet Case 17.95 17.95 22.95 19.95 26.95 MACLEODS VARCON MOTOR OIL (4204) Selctlo- fliai 0 of the individual viewpoints should pave a path for a new. more tolerant generation of young people to sit down together and. in open debate, find a common denominator Canada and the I" S continental partners or wary neighbors." even if it cannot replace existing textbooks, because its wide range of touches economics, sociology, history. as well as politics, should be a valuable supplement In all these faculties Whatever tbf1 reader's more or less rigid opinions, this book fanno! be ignored EVA BREWSTER ;