Would it not be better if the criteria for legal outcome were not only must justice be seen to be done but justice must actually be done?

Answer 1

This aphorism is stated in the order that we are accustomed to for historical reasons. The principle that justice should be done was accepted from the earliest times. It was probably accepted as a sine qua non of justice even before the Emperor Justinian gave his name to the concept of justice. The principle that justice must be seen to be done came later, and is still not universally accepted, even in countries with advanced legal systems. The best reason for keeping the saying as it is may be that insisting on visible justice is the best way of ensuring actualjustice being done. It is instructive to consider the previous paragraph in the light of Guantanamo Bay.