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The Trial: A History, from Socrates to O.J. Simpson
Pages 5 (1255 words)
In philosophy there is a single common thread that law originates from the Gods, which is the initial point made in Kadri's The Trial. Whether one believes in God or not the fear of punishment in the name of an all powerful unknown being was set forth to create law and order in society…
Yet, even the words of Christ in the New Testament invokes a fear of an unknown all powerful being by leaving final judgement in the hands of God. The Qur'an, which is the latest of the three great monotheistic religions, was an acknowledgement that there needs to be strict rules defining all aspects of life in order for the rights and freedoms to be fairly expressed.
One may ask how this affects the modern trial, well in reality the route of laying down laws whilst protecting rights and freedoms is mirrored by the modern debate concerning inherent rights, utilitarian rights or balancing these rights through the Rawlsian model. Rights and freedoms are an essential area that must be considered in a trial, alongside with the laws that are apparently breached. The modern trial is based upon the concept of justice, right to defend oneself and the concept of innocent until proven guilty; therefore the concept of rights are essential to a fair trial.
These rights like the laws are given to man by a greater power, this concept does not only stem from the theological perspectives of Judaism, Christianity and Islam but also in the early Greek and Roman mythologies and philosophies. ...
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