adversarial

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adversarial

having or involving opposing parties or interests in a legal contest. Very broadly speaking, the Anglo-American systems prefer a system of justice where the result is obtained through the battle between the opponents without the seeking of absolute truth being a part of the process. Traditionally this meant that the judge was a referee rather than a participant and that the parties had control of the process. Recent trends are to at least have judges manage cases and seek to identify issues in dispute and to promote ever greater disclosure or discovery of material in the hands of parties and elsewhere. This system contrasts in theory with an INQUISITORIAL SYSTEM.
References in periodicals archive ?
Maus takes a historicist approach to his material following lines opened up by, among other critics, Paul Maltby in his Dissident Postmodernists (1991), where he argues that writers such as Robert Coover and Thomas Pynchon engage adversarially with the discourses of their culture, attempting to question institutionalized codes by destabilizing them in narratives.
Mezirow (2000) suggested, "our culture conspires against collaborative thinking and the development of social competence by conditioning us to think adversarially in terms of winning or losing, or proving ourselves smart, worthy or wise" (p.
when we engage people both in our communities and the people we engage more adversarially .
Studies have found that persons who commence bargaining interactions in positive moods negotiate more cooperatively, reach more agreements, and achieve more efficient item distributions; individuals who begin in negative moods behave more adversarially, reach fewer accords, and generate less efficient term distributions.
There are many regional dynamics, which have been walking adversarially to the Middle East peace process.
2) At the forum, a number of participants from different interest groups are invited to conduct interest expression and bargaining adversarially, and to pursue possible win-win solutions through guided negotiation to achieve interest coordination.
T]he process here is not designed to operate adversarially.
Because the experts are confronting one another, they are much less likely to act adversarially.
In criminal litigation the State itself (borrowing the Queen's name for respectability) is ranged adversarially against an individual.
Gross, supra note 23, at 1197-98 (arguing that the neglect of Rule 706 is due in part to trial bar opposition and an adversarially focused judicial outlook).
Sam Gross has argued that the neglect of court-appointed experts today is in large part due to trial bar opposition and an adversarially focused judicial outlook.
Women directors recognize that CEOs frequently cite as a reason for not recruiting more women to the board is fear that these new directors will disrupt an otherwise cooperative boardroom climate by adversarially raising difficult women's issues (cf.