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Why do civil-law systems give judges a more active role in investigating cases?
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Procedural law
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
In civil-law systems, judges play a more active role in investigating cases because they are viewed as the primary guarantors of a just outcome, rather than mere referees between opposing parties. This approach, rooted in the inquisitorial principle, prioritizes the discovery of truth over the competitive presentation of evidence by lawyers.12
Key reasons for this active judicial role include:
- Duty to Seek Truth: Unlike common-law systems, where the judge’s role is largely limited to deciding which party has made a more convincing presentation, a civil-law judge is empowered to search for facts, question witnesses and parties, and order the production of evidence.12
- Guiding Proceedings: Judges are often required to steer the litigation, such as by suggesting that parties focus on specific points of fact or law to ensure the case is resolved thoroughly.1
- Independence from Lawyer Ability: By taking an active role, the judge ensures that the quality of the outcome does not depend solely on the skill or resources of the lawyers involved.1
- Judicial Expertise: Civil-law judges are typically a separately trained professional elite whose entire careers are dedicated to judicial service, providing them with the expertise to manage investigations effectively.1
While civil-law judges are bound by the motions and assertions of the parties in civil matters, they retain the authority to conduct their own inquiries when necessary to obtain the truth.2