Apology in Civil Law: A Psycho-Legal Perspective

Abstract

Apology in law, particularly in civil law has become very prominent in Australia with every state and territory introducing legislation that promotes the making of apologetic statement by wrongdoers in civil proceedings. In this article I briefly review some of the arguments that are offered in support of these provisions and then examine some of the questions that arise from them. In this regard I consider the meaning that the construct of apology has in civil justice and the assumption that an apology may avert lawsuits. I conclude by examining the conflicting arguments about the morality of protecting apologies from being admitted as evidence against defendants in civil proceedings.

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