Legal Intermediation

Legal Intermediation

Author: Austin Sarat

Publisher: Emerald Group Publishing

Published: 2019-10-22

Total Pages: 185

ISBN-13: 183867859X

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This special issue of Studies in Law, Politics and Society examines a broad range of European case studies to consider the crucial role played by intermediaries, such as companies and lawyers, in the legal system.


The Justice of Mercy

The Justice of Mercy

Author: Linda Meyer

Publisher: University of Michigan Press

Published: 2010-11-09

Total Pages: 265

ISBN-13: 0472117459

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Is there room for mercy in a system of justice?


Murder Stories

Murder Stories

Author: Paul Kaplan

Publisher: Lexington Books

Published: 2012-01-16

Total Pages: 219

ISBN-13: 0739171712

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Murder Stories engages with the current theoretical debate in death penalty research on the role of cultural commitments to ‘American’ ideologies in the retention of capital punishment. The central aim of the study is to illuminate the elusive yet powerful role of ideology in legal discourses. Through analyzing the content and processes of death penalty narratives, this research illuminates the covert life of ‘the American Creed,’ (a nexus of ideologies—liberty, egalitarianism, individualism, populism, and laissez faire—said to be unique to the United States) in the law. Murder Stories draws on the entire record of California death sentence resulting trials from three large and diverse California counties for the years 1996 – 2004, as well as interviews with 26 capital caseworkers (attorneys, judges, and investigators) from the same counties. Employing the theoretical framework proposed by Ewick and Silbey (1995) to study hegemonic and subversive narratives, and also the ethnographic approach advocated by Amsterdam and Hertz (1992) to study the producers and processes of constructing legal narratives, this book traces the ideological content carried within the stories told by everyday practitioners of capital punishment by investigating the content, process, and ideological implications of these narratives. The central theoretical finding is that the narratives constructed by both prosecutors and defenders tend to instantiate rather than subvert the ideological tenets of the American Creed.


Verdict

Verdict

Author: Robert E. Litan

Publisher: Brookings Institution Press

Published: 2011-09-01

Total Pages: 557

ISBN-13: 081572019X

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The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that w


Law, Politics and Society in Early Modern England

Law, Politics and Society in Early Modern England

Author: Christopher W. Brooks

Publisher: Cambridge University Press

Published: 2009-01-08

Total Pages: 469

ISBN-13: 1139475290

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Law, like religion, provided one of the principal discourses through which early-modern English people conceptualised the world in which they lived. Transcending traditional boundaries between social, legal and political history, this innovative and authoritative study examines the development of legal thought and practice from the later middle ages through to the outbreak of the English civil war, and explores the ways in which law mediated and constituted social and economic relationships within the household, the community, and the state at all levels. By arguing that English common law was essentially the creation of the wider community, it challenges many current assumptions and opens new perspectives about how early-modern society should be understood. Its magisterial scope and lucid exposition will make it essential reading for those interested in subjects ranging from high politics and constitutional theory to the history of the family, as well as the history of law.


Rethinking Local Democracy

Rethinking Local Democracy

Author: Desmond S. King

Publisher: Bloomsbury Publishing

Published: 1996-07-10

Total Pages: 265

ISBN-13: 1349247561

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The transformation of British local government into a new and complex system of local governance raises fundamental theoretical questions as well as empirical ones. Rethinking Local Democracy argues that traditional defences of local government are no longer adequate and that the case for local autonomy and local democracy needs to be radically rethought. It brings together a set of specially-commissioned chapters by leading academics designed to stimulate and contribute to debate on these issues.


Criminal Legal Doctrine

Criminal Legal Doctrine

Author: Peter Rush

Publisher: Routledge

Published: 2018-08-13

Total Pages: 331

ISBN-13: 0429824297

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First published in 1997, this volume examines questions of legal doctrine which have never been far from the study of crime. It has not always been able to keep the doctrinal aspects of law clearly in sight. There is always the pressure to turn to philosophy for the consideration of questions of moral and legal responsibility and to criminology and psychology for the analysis of action. The essays collected in this book turn again to questions of doctrine and consider the dogmatic order of law as the basis of the understanding of crime. It is the general argument of this book that without an understanding of the dogmatic order of the legal subject of crime, there will only ever be answers to questions that have never been appropriately asked. Loosely collected around questions of institution, judgement and address, these essays bring modern historical, doctrinal and cultural scholarship to bear on the practices of legal doctrine. Their aim is to offer an account of criminal law as a practice that institutes, judges and addresses the legal subject through a range of practices and knowledges. These range from the disciplinary knowledges of mental health to the cultural knowledges of femininity and female desire. They include the technical demands of law writing and court room procedure as well as symbolic powers of imagining corporate crime. These all are returned to the practical question of the production of knowledge through legal doctrine. These essays address a set of questions that have lain dormant in legal scholarship for much of the post-1945 era. In a time when the authority of law is being reconsidered at its foundations, it is appropriate too to reconsider the means and manner of the transmission of criminal law. Without an understanding of the formation of criminal law it is hardly surprising that questions of law reform raise such confusion.


Racial Formation in the United States

Racial Formation in the United States

Author: Michael Omi

Publisher: Routledge

Published: 2014-06-20

Total Pages: 382

ISBN-13: 1135127506

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Twenty years since the publication of the Second Edition and more than thirty years since the publication of the original book, Racial Formation in the United States now arrives with each chapter radically revised and rewritten by authors Michael Omi and Howard Winant, but the overall purpose and vision of this classic remains the same: Omi and Winant provide an account of how concepts of race are created and transformed, how they become the focus of political conflict, and how they come to shape and permeate both identities and institutions. The steady journey of the U.S. toward a majority nonwhite population, the ongoing evisceration of the political legacy of the early post-World War II civil rights movement, the initiation of the ‘war on terror’ with its attendant Islamophobia, the rise of a mass immigrants rights movement, the formulation of race/class/gender ‘intersectionality’ theories, and the election and reelection of a black President of the United States are some of the many new racial conditions Racial Formation now covers.


Politics And Society In Ukraine

Politics And Society In Ukraine

Author: Paul D'anieri

Publisher: Routledge

Published: 2018-02-23

Total Pages: 361

ISBN-13: 0429966717

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With NATO expanding into central Europe, Ukraine has become a pivotal state for the future of European stability, yet it is a country about which little is known in the west. Politics and Society in Ukraine fills that gap, providing the first comprehensive and detailed study of the contemporary Ukrainian political system. Beginning with a discussion of the legacy of the Soviet Union, the authors illuminate Ukraines regional and ethnic tensions, governmental system, efforts at reform, and foreign policy. They consider all of those issues from a comparative perspective that readers unfamiliar with Ukraine will find illuminating. The authors are three of the leading authorities on Ukrainian politics, and each has extensive experience in the country. This book provides much-needed analysis of a crucial country. }With the expansion of NATO, Ukraine is frequently described as the linchpin of security in Central Europe. And after Russia, it is the largest and most important of the post-Soviet states. Yet it is a country about which most westerners know very little, subsumed as it was for decades beneath the Russian Empire and the Soviet Union. Ukrainian Politics and Society is the first comprehensive study of politics in post-Soviet Ukraine, and is therefore vital reading for anyone concerned with European security, or with politics in the former Soviet Union.The authors extensive experience in Ukraine allows them to explain the paradoxes of Ukrainian politics that have led to so many false predictions concerning the future of the Ukrainian state. Their examination of nationality politics shows why ethnic and regional differences have tended to recede rather than to spin out of control, as they have elsewhere in the region. At the same time, these differences hamstring the countrys political system, and the authors show how difficult a task it is for democratic institutions to provide effective government in a country with little consensus. By viewing economic reform in its profoundly political context, the authors expose the chasm between the theory and practice of economic reform. Understanding of how to make profits has not been lacking, but government regulation to ensure that profit-seeking behavior leads to functioning markets has been conspicuously absent.By examining in detail how Ukrainian politics has followed theoretical expectations and where it has contradicted them, the authors arrive at conclusions with implications well beyond Ukraine. Ukraine must first build a state and a nation before it can successfully reform its economy or build a genuine democracy. For Ukraine and its people, the task is daunting. For the west, whose security increasingly relies on stability in Ukraine, this book provides the knowledge necessary to approach the problem, as well as good reason not to ignore it. }


Social Policy in an Era of Competition

Social Policy in an Era of Competition

Author: John Hudson

Publisher: Policy Press

Published: 2017-06-30

Total Pages: 272

ISBN-13: 144732630X

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Welfare states globally have been subjected to reform agendas that have stressed economic competitiveness but how has global competition reshaped welfare states in practice? Providing a new cross-national and international narrative this book captures the complexity of social policy reform process that have taken place over the past 25 years. Drawing on data relating to multiple countries the authors examine global, cross-national and local cases in order to shed light on the impact of international forces on social policy. The book addresses major theoretical debates about the direction of welfare state reform processes across the OECD and beyond, offering empirically rooted analyses of change and new perspectives on the impact of global competition on social policy.