Описание: Free Market Criminal Justice explains how excessive faith in democratic politics and free markets has undermined the rule of law in the US criminal process. It argues that, to strengthen the rule of law, American criminal justice needs less democracy, less market-inspired process, and more law.
Описание: A concise legal history of Illinois through the end of the nineteenth century, Prairie Justice covers the region’s progression from French to British to early American legal systems, which culminated in a unique body of Illinois law that has influenced other jurisdictions. Written by Roger L. Severns in the 1950s and published in serial form in the 1960s, Prairie Justice is available now for the first time as a book, thanks to the work of editor John A. Lupton, an Illinois and legal historian who also contributed an introduction.Illinois’ legal development demonstrates the tension between two completely different European legal systems, between river communities and prairie towns, and between agrarian and urban interests. Severns uses several rulings—including a reconstitution of the Supreme Court in 1824, slavery-related cases, and the impeachment of a Supreme Court justice—to examine political movements in Illinois and their impact on the local judiciary. Through legal decisions, the Illinois judiciary became an independent, co-equal branch of state government. By the mid-nineteenth century, Illinois had established itself as a leading judicial authority, influencing not only the growing western frontier but also the industrialized and farming regions of the country. With a close eye for detail, Severns reviews the status of the legal profession during the 1850s by looking new members of the Court, the nostalgia of circuit riding, and how a young lawyer named Abraham Lincoln rose to prominence.Illinois has a rich judicial history, but that history has not been adequately documented until now. With the publication of Prairie Justice, those interested in Illinois legal history finally have a book that covers the development of the state’s judiciary in its formative years.
Описание: Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualized and discretionary approach to justice.
Автор: Almqvist Jessica Название: Role of Courts in Transitional Justice ISBN: 0415601371 ISBN-13(EAN): 9780415601375 Издательство: Taylor&Francis Рейтинг: Цена: 12540 р. Наличие на складе: Невозможна поставка.
Описание: Over three decades after the fall of the Pol Pot regime, the Extraordinary Chambers in the Courts of Cambodia (ECCC)—a UN-backed tribunal fusing Cambodian and international law, procedure, and personnel—was established to try key Khmer Rouge officials for atrocities they committed. In Hybrid Justice, John D. Ciorciari and Anne Heindel trace the tribunal’s evolution and reveal the influence of contemporary local political forces on its unique form and function. Although international legal norms have largely been observed, political wrangling between national and international actors has greatly influenced the pace, jurisdictional scope, and perceived legitimacy of the court’s proceedings. After examining the ECCC’s performance in judicial affairs, administration, public outreach, and victim participation, the authors offer preliminary assessments of its contributions to justice, truth, and reconciliation. In the conclusion, they discuss apparent strengths and shortcomings of the hybrid model as an alternative to domestic or fully international tribunals.
Описание: This book explores how domestic courts contribute to the maintenance of the rule of international law by providing judicial control over the exercises of public powers that may conflict with international law, focusing mainly on judicial control of exercise of public powers by states.
Описание: In the forensic community, Cyril Wecht is one of the world's most highly respected forensic experts. Wecht now offers his expertise in this comprehensive textbook, Forensic Science and the Law: Investigative Evidence in Criminal and Civil Cases. Written by renowned contributors from the forensic science and legal professions, this book goes beyond the scope of current texts by providing legal medicine and civil justice applications of forensics, and emphasizing the application of forensics in civil cases such as child abuse, domestic violence, nursing home abuse, and accounting. It also includes an instructor's guide.
Описание: Celebrating the scholarship of one of the leading lawyers of the common law, Andrew Ashworth, the essays in this volume address fundamental questions of principle and value in criminal law, criminal process, human rights, sentencing, and punishment. This is a major contribution to contemporary debates about criminalization and punishment.
Описание: Shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. The author begins with the story, at once funny and grim, of Josef K, caught in the Law`s grip and then crushed by it.
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