While there remains a tension between the digital archive and its physical shadow, an historical record awaits consumption. It is similar to a moot court, but mock trials simulate lower-court trials, while moot court simulates appellate. While the ultimate mutable text, the judgement, declares a legal finality, it intentionally directs the reader to the process of fact discovery preserved in a globally accessible, digital database. A mock trial is an act or imitation trial. The assailed CA Decision reversed and set aside the Decision 3 of the Regional Trial Court (RTC) of Borongan, Eastern Samar, Branch 2, in Civil Case No. And yet, the apparent celebration of orality at the ICTR is matched by a desire to instantaneously convert mutable speech into immutable text. Challenged in the present petition for review on certiorari are the Decision 1 and Resolution 2 of the Court of Appeals (CA), Cebu City dated Maand January 14, 2009, respectively, in CA-GR.CV No. Similarly, the methodology of the oral historian is not distinct from that employed in a trial.
We humbly beseech You to bless and inspire us so that what we think, say and do will be in accordance with Your will.
Such distinctions are, however, unsustainable given that both trials and Truth Commissions require coercive, enticed remembering and that both the lawyer and historian vicariously re-enact the past in the search for meaning. Court’s Prayer Almighty God, we stand in Your Holy Presence as our Supreme Judge. Their views are framed by a supposed distinction between Truth Commissions and Trials and by the assumption that the practice and method of law and historiography are distinct.
Legal practitioners at the International Criminal Tribunal for Rwanda (ICTR) are exercised by the question of whether their endeavour should seek to intentionally create an “historical record”.
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