The Evolution of Justice Systems Through History
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
1.
1184, Pope Innocent III, implemnts the 1
st
Inquisition in Southern France to quell the rise
of the Cathars and Waldensians
2.
The Inquisition would thrive for nearly four
centuries in multiple iterations eg Medieval,
Spanish, Portuguese, Papal, Roman…
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.
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“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.
Graduate Liberal Studies, Simon Fraser University
Dr. Geoffrey Poitras GLS 812
November 2018
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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Presentation Transcript
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.
