Legislating Morality
Legislating Morality

Author: Lucinda Peach

Publisher: Oxford University Press

Published: 2002-02-21

Total Pages: 234

ISBN-13: 0198032862

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The debate over religious lawmaking pits respect for religious pluralism against moral identity-with liberal theorists contending that religious lawmaking is generally suspect in a morally and religiously diverse polity like the United States, and communitarian ones arguing that lawmakers cannot, and should not, be expected to suppress their religious commitments in their public policy making. Looking carefully at both sides of this ongoing debate, Lucinda Peach explores the limitations as well as the value of these conflicting perspectives, and proposes a solution for their reconciliation. Peach breaks from traditional analysis as she contends that both sides of the argument are fundamentally flawed. Neither side has been willing to recognize the merit of the other's arguments, and both have ignored the gender-based disparities of religious lawmaking (particularly with respect to the effect religion has had on reproductive rights and abortion regulation). Using an interdisciplinary approach, the book argues for a pragmatic solution to this impasse which will respect religious pluralism, moral identity, and gender differences. Peach's proposals will be of interest to philosophers, legal theorists, and scholars in women's studies and political science.

Courts
Courts

Author: United States. National Advisory Commission on Criminal Justice Standards and Goals

Publisher:

Published: 1973

Total Pages: 384

ISBN-13:

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This report presents proposals for the restructuring and streamlining of the processing of criminal cases at state and local levels. A major restructuring and streamlining of procedures and practices in processing criminal cases at state and local levels is proposed by the National Advisory Commission on Criminal Justice Standards and Goals. The proposals of the Commission appear in the form of specific standards and recommendations -- almost 100 in all -- that spell out in detail where, why, how, and what improvements can and should be made in the judicial segment of the criminal justice system. The report on courts is a reference work for the practitioner -- judge, court administrator, prosecutor, or defender -- as well as the interested layman. The Commission argues that the problems which keep the criminal court system from performing its functions are inconsistency in the processing of criminal defendants, uncertainty concerning results obtained, unacceptable delays, and alienation of the community. In composing suggested improvements for the court system, the Commission's first priority is to devise standards for attaining speed and efficiency in the pretrial and trial processes and prompt finality in appellate proceedings. The second priority is the upgrading of defense and prosecution functions and the third priority is the assurance of a high quality in the judiciary. To expedite pretrial procedures the prosecutor should screen all criminal cases coming before him and divert from the system all cases wherein further processing by the prosecutor is not appropriate. Among Commission recommendations are: elimination of all but the investigative function of the grand jury; elimination of formal arraignment; unification of all courts within each state; and the upgrading of criminal court personnel.