Universalism of justice
Fair and Unfair Trial: The Evolution of Concepts The court is not just a place where verdicts are pronounced. It is a mirror of society, reflecting its fears, hopes, and views of good and evil. But what is a fair trial? And why does what seemed fair in one century evoke horror in another? The concept of fairness is living, fluid, and paradoxical. It has changed along with humanity, and its evolution is the history of the struggle for human dignity. Fairness as the Will of the Gods: Antiquity In ancient civilizations, fairness was not a human invention. It emanated from the gods. In Ancient Egypt, the goddess Maat symbolized truth and order. A judge was more a priest than a lawyer, who had to guess the will of the gods. A fair trial was one where the decision corresponded to cosmic order. An unfair trial was a violation of divine law that could bring misfortune upon the entire country. In Ancient Greece and Rome, the situation changes. Written laws appear, but fairness is still connected to religion. In Greece, judges offered sacrifices before the beginning of the session. In Rome, judges were often priests-pontiffs. However, Roman law laid the foundations for secular justice. The idea emerged that the law should be known in advance and applied equally to all. This was the first step towards formal fairness. But even then, fairness was elite. Slaves, women, foreigners had unequal access to justice. A fair trial for a Roman citizen could be unfair for a slave. This was a court for the chosen ones, not for all. Medieval Age: trial by fire and water In the early Middle Ages, fairness became even more irrational. God's courts, or ordeals, were when the accused had to undergo a trial by fire, water, or a duel. It was believed that God would not let an innocent person perish. Fairness was mystical, and the judge merely observed the ritual. An unfair trial was one where the accused did not have a chance to prove his innocence through the ordeal. Later, in the 12th to 13 ... Read more
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