Varieties of Fairness and Procedural Cultures: A Comparative Discussion

Abstract

Fairness is an important part of legal proceedings and fair trial. Procedural rules are an integral part of the legal cultural context that gives them meaning. This article discusses procedural cultures from the point view of legal language and legal culture. The multiplicity of law and legal cultures functions as a base for an analysis of criminal procedural law using plea bargaining as an example. The author highlights the differences between common law and civil law and shows that even though there has been convergence there are still significant legal cultural differences. This article reveals how there is a legal cultural variety in the ways in which fairness forms a part of the conception of fair trial as a European human right. The concluding section highlights the theoretical implications of the article as a whole by stressing the importance of sensitivity and the constant need to define the specific meaning.