The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
Oral pleading resembles, to some extent, those ancient judicial
combats upon which the issue of causes was sometimes made to depend.
It is a duel of words, in which justice does not always have the
advantage. Our imagination represents an advocate as one whose work
it is to wrest the innocent from the clutches of powerful and cruel
persecutors; who summons eloquence to aid him in resisting the fierce
passions which menace the welfare of his client. This was well enough
for those primitive ages when a legal process was the outburst of
violent wrath, which dragged the alleged offender before a single
judge, or perhaps before a mob erected into a tribunal and swayed
by passion. But this conception is not correct for our day, even in
criminal matters, where the public prosecutor, as far as possible,
excludes mere feeling and makes his appeal to calm and solid reason
alone; and it is especially false in civil causes, in which the
advocate interprets the text of the law, discusses contracts,
examines and compares evidence, all of which labors are difficult,
and demand, above all things, reflection, good sense, and coolness.
For attaining, therefore, the ends of justice, a mode of written
procedure is particularly adapted. It assures to the contending
parties all the time necessary for a careful reply to the reasonings
on either side, and establishes an equality between the talents of
their respective advocates; it also removes the decision of the cause
from the bias of personal influences, and leaves it to be determined
by argument only. Moreover, the judge is able to reflect at his ease
upon the merits of the case, and is secure against the seductions of
artful declamation. Even before those supreme civil tribunals where
written and oral pleadings are both permitted, the latter are usually
regarded in the solution of the question, and this is what gives
to the advocates of those illustrious courts their influence and
renown. The Roman congregations are also supreme tribunals; but there
passion has no echo and needs no interpreter; there causes stand upon
their own merits, stripped of all attendant circumstances; there the
gravest questions of dogma, of morals, and of right are decided by
reason alone, but by reason illuminated both by science and by faith.
Public-domain text, read in full here on John Shaqi.
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