Legalculture

at home^[1079] and from abroad.^[1080] The courts, as we have seen above, are much more concerned with legal justice than with social justice and are generally reluctant to interpret rights generously.

Singaporeans are quite prepared to resort to the courts in most instances even if they are rather more reluctant to bring suits against the Government or government agencies. There is no evidence of the idea that Singaporeans prefer mediation and settlement out of court because this is seen as being more conso­nant with Asianvalues. Whether or not one resorts to the courts is a function of the economic costinvolved and the importance of the right sought to be enforced. The quality of legal services - both in the private sector and in government service - is very high and litigants are cognisant of the cost involved in bringing cases to court. For the same reason, individuals are often discouraged from bringing their grievances to the courts because they cannot afford the cost of protracted litigation.

In terms of criminal justice, courts have little discretion. Many offences in the criminal statutes carry mandatory sentences, obviating the need for judges to pronounce on the appropriateness and proportionality of punishment for the crime. Indeed, in most cases, the public prosecutor needs to do little because of presumptive clauses in the law and the burden shifts onerously to the accused to prove that he or she is not guilty. This shift in burdens of proof is predicated on tremendous faith placed in the hands of an incorruptible and fair police force, something much desired but which cannot be guaranteed.^[1081]

Courts in Singapore have, over the past 40 years, become more conscious of the need to develop a local jurisprudence. Up until the mid-1980s, Singapore courts tended to take the lead in common law developments from the United Kingdom and occasionally Australia or Canada. This has now changed. Grow­ing affluence and confidence has meant that Singapore judges are much more willing to depart from English or other Commonwealth positions in an effort to adapt the common law to the unique circumstances of Singapore. In that sense, Singapore’s legal system has become much more autochthonous over the years.

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