PHIL 2260 Lecture Notes - Lecture 2: Adversarial System, Perjury, Legal Positivism
18 Dec 2013
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Lecture 2,3 on the adversarial system and the practice of law. Freedman argues the confidentiality between client and defense attorney (calls it sacred) Says this confidentiality is the basis for the adversarial system. Adversarial system: includes a neutral judge and two lawyers arguing either side for the truth to come out victorious. Langbein opposes the adversarial system by comparing it to the german system. Freedman is very influential in the u. s. legal system. Because of freedman, lawyers can now advertize (made law much more of a business) For freedman, lawyers are knowledgeable about law, but other than that, they are no different from any other american citizen. Freedman trying to figure out how lawyers should behave (normativity) Robbery takes place, defendant is charged with a crime but is innocent. The defendant is poor, so he is assigned an attorney from the crown.
