The Evolution of Justice Systems Through History
Delve into the historical background of justice systems, ranging from the Inquisition to modern-day tribunals. Explore the transition from formal to informal proceedings, examining the ethical implications and societal impacts along the way.
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An Innovation in Justice or Return of the Inquisition? By Tim Hull GLS 829
Into The Procedures and Ethics of The Canadian Human Rights Tribunal
1184, Pope Innocent III, implemnts the 1st Inquisition in Southern France to quell the rise of the Cathars and Waldensians 1. The Inquisition would thrive for nearly four centuries in multiple iterations eg Medieval, Spanish, Portuguese, Papal, Roman 2.
No one knows how many men women, children lost their lives Conservative estimates: over 9,000,000 killed.
"... for punishment does not take place primarily and per se for the correction and good of the person punished, but for the public good in order that others may become terrified and weaned away from the evils they would commit" Nicholas Eymerich, Inquisitor General 1357-13-99
No free man is to be arrested, or imprisoned, or disseised, or outlawed, or exiled, or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.
A radical and sudden shift Formal > Informal beginning of 13thCentury Accusatorial to Inquisitorial On the grounds of a complaint or fama From God as jury to Church appointed tribunals rendering verdicts Inspired by Roman Law 1. 2. 3. 4. 5.
Judges must shape the law to reflect reality and improve Society - Bora Laskin, Chief Justice 1973-1984
Discrimination and intent 2. Discrimination in contravention of this Code does not require an intention to contravene this Code.
