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The Long Shadow of the Adversarial and Inquisitorial Categories

Forthcoming in Oxford Handbook of Criminal Law, Markus D. Dubber & Tatjana Höernle eds., Oxford University Press, 2014

UCLA School of Law Research Paper No. 13-41

47 Pages Posted: 29 Nov 2013 Last revised: 29 Aug 2014

Maximo Langer

University of California, Los Angeles (UCLA) - School of Law

Date Written: November 27, 2013

Abstract

This chapter maintains that the adversarial and inquisitorial categories have been more central to comparative criminal procedure than it has been previously acknowledged because they have contributed to constitute it as a transnational field by reflecting and restricting its main theoretical trends and thematic interests. The chapter identifyies the main theoretical traditions of this field by mapping commentators’ and courts’ uses of the adversarial-inquisitorial distinction, and shows that even the main alternative comparative criminal procedure approaches are operating within these same theoretical traditions. The chapter suggests that the adversarial-inquisitorial dichotomy has also contributed to limit the type of themes that the field has covered. Finally, the chapter sketches a number of ways in which this field may transcend the long theoretical and thematic shadow of the adversarial and inquisitorial categories and thus expand the type of positive and normative insights it can bring to our understanding of the criminal process.

Keywords: adversarial, inquisitorial, adversary system, inquisitorial system, criminal procedure, comparative criminal procedure, comparative law, comparative models, judicial reform

Suggested Citation

Langer, Maximo, The Long Shadow of the Adversarial and Inquisitorial Categories (November 27, 2013). Forthcoming in Oxford Handbook of Criminal Law, Markus D. Dubber & Tatjana Höernle eds., Oxford University Press, 2014; UCLA School of Law Research Paper No. 13-41. Available at SSRN: https://ssrn.com/abstract=2360617

Maximo Langer (Contact Author)

University of California, Los Angeles (UCLA) - School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

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