Values, Ideology, and the Evolution of the Adversary System

Abstract

The hallmark of American adjudication is the adversary system. The virtues of the adversary system are so deeply ingrained in the American legal psyche that most lawyers do not question it. The majority of the world, however, uses some version of the inquisitorial system that evolved primarily in continental Europe. Further, some chinks in the adversarial armor have recently begun to appear. This article analyzes them.