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Post by Eagle on Jul 1, 2005 1:33:36 GMT -5
C.T., just read your latest entry and it sounds like you're having a great time! I especially enjoyed the WW-II history items! Those are bits of information that one never hears about - fantastic!
Just to satisfy my curiousity, I've heard that French Law is based on "Napoleonic Law" where one is presumed guilty until proven innocent (I think Mexico operates on the same principle, given their colonial past?). Just wondered if that is true?
Hope you enjoyed your visit to Mt. St. Michel. That's one place I'm really anxious to see. I think the German War Cemetery overlooks that? I plan on visiting that too.
Looking forward to your next installment!
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Post by CuriousToronto on Jul 1, 2005 2:08:29 GMT -5
Really quickly 'cause I've got to head off to the tour of the other Supreme Court: The reason common law people believe that the civil law countries presume guilt is because there is a magistrate that overesees the police investigation. Meaning that in practice a person will not be brought to trial unless there is a fairly strong chance that they will be convicted. This to us appears as though guilty until proven innocent but in fact it is not! As one of my Profs (at UVic) once put it to me: Basically it comes down to this -- if you're innocent you're best served by the civil law system. Whereas if you're guilty you're chances are best in a common law jurisdiction. It's an issue of criminal procedure but the assumption of innocence is the same. CT  |
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Post by Eagle on Jul 1, 2005 13:52:26 GMT -5
C.T., thanks for the quick reply! I'm not entirely clear on the differences between "civil law" and "common law"? i suppose one thing that might give the appearance of "assumed guilt" in some countries is the corruption factor.
Over the years I've heard of numerous tourists being thrown in jail for seemingly trivial crimes, and the only way they could gain their freedom was to pay substantial "legal fees" to unscrupulous officials (I won't mention any countries to avoid offending anyone). This doesn't seem to be as prevalent lately (thankfully!). I suppose this type of practise was found to be "bad for business" and more money can be made by keeping the tourists happy.
Cheers!!!
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Post by CuriousToronto on Jul 5, 2005 17:07:04 GMT -5
C.T., thanks for the quick reply! I'm not entirely clear on the differences between "civil law" and "common law"? i suppose one thing that might give the appearance of "assumed guilt" in some countries is the corruption factor. In a nutshell: civil law systems are derived from Roman law. Their main identifying feature though is their use of codes. Principles of law tend to be written down in a single document. Whereas with common law systems (derived from British common law) principles of law are found in cases. In fact, the incorporation of precedent into the system means that in essence new law is being created every day. Meanwhile in France, for example, the Napoleonic Code is STILL in use!!! And as far as corruption: Most of the world uses the civil law system. Which I suppose it means there are more opportunities for us to perceive a country as corrupt. Speaking of corruption though: A civil lawyer could very easily see our system as corrupt. Take the issue of prepping witnesses for example. In our system it would almost be grossly negligent not to prep a witness before they testify. Meanwhile, in most civil law jurisdictions this would be seen as corrupt and illegal! I think it's all a matter of perspective. Cheers!  |
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Post by Eagle on Jul 6, 2005 17:03:47 GMT -5
C.T., thanks for the reply, especially the note about the Napoleonic code. My impression was that the concept of "guilt unless proven innocent" came from the Napoleonic code (I believe Mexico also uses this?).
BTW you write awesome trip reports! I just read your last report, and really enjoyed hearing about your trip to St. Malo and Mt. St. Michel (including the experience with the Oysters! I DON'T plan on trying that BTW). I'm going to feel guilty if I can't produce a report of similar quality when I finally get the chance to travel. I tend to write in a somewhat "conversational" style (perhaps a bit business like at times), and I'm not sure I'll have the same ability to put things in such an interesting way.
Glad to hear you're enjoying your trip to Paris. Good luck with your studies!
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Post by CuriousToronto on Jul 8, 2005 9:08:54 GMT -5
Eagle, I'm just glad you're enjoying them. Look for the Bruges update come Monday. Lates, CT |
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Post by John2112312 on Aug 14, 2005 3:24:28 GMT -5
Canada is a very nice place to go too, you should check out BC Canada
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Post by LHR02 on Aug 14, 2005 4:45:04 GMT -5
;D ;D ;D
Ah......Curious Toronto IS Canadian
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Post by CuriousToronto on Aug 18, 2005 20:31:57 GMT -5
That's really funny -- considering I'm both Canadian AND spend most of my year living in B.C! ;D
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