Автор: Merry, Sally Engle, Название: Getting justice and getting even ISBN: 0226520692 ISBN-13(EAN): 9780226520698 Издательство: Wiley Рейтинг: Цена: 3879 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs. Getting Justice and Getting Even concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem. Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.
Описание: American law was founded on the principle of an open court, where the general public could observe judicial proceedings and report to others on the outcomes. In recent decades, however, civil disputes have been increasingly resolved out of court, with the outcomes of the disputes kept secret. While it is widely acknowledged that confidential handling of disputes has great advantages, these trends reduce the transparency of the entire civil justice system. Thiscollection of articles considers whether reversing this trend should be a public policy objective. With special attention to modern mass litigation, leading legal scholars provide empirical, nonpartisan, and multidisciplinary analyses, case studies, and novel prescriptions for reform of various aspects ofthe system.
Автор: Bornstein Название: Civil Juries and Civil Justice ISBN: 0387744886 ISBN-13(EAN): 9780387744889 Издательство: Springer Рейтинг: Цена: 8045 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Addresses the thorny issue of tort reform in the US. This volume considers the roots of jury phobia, the growth trajectories of damage awards, alternative means of obtaining civil justice, and the role of the social sciences in formulating legal policy.
Описание: The only practical guide to the procedural reforms due to be implemented in April 2013 which give effect to the wide-ranging recommendations made by Sir Rupert Jackson in his Review of Civil Litigation Costs (MoJ, 2009) dealing with the costs of civil litigation.
Автор: Arnull, Anthony Название: European court of justice ISBN: 0199258848 ISBN-13(EAN): 9780199258840 Издательство: Oxford Academ Рейтинг: Цена: 9548 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines the contribution of the Court to shaping the legal framework within which the European Union operates. It considers the Court`s organization and working methods, powers, and how it has uses its powers to resolve questions of constitutional and substantive law. The implications of the Constitutional Treaty are taken into account.
Описание: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.
Автор: Cusack Название: Pornography & The Criminal Justice ISBN: 1482260018 ISBN-13(EAN): 9781482260014 Издательство: Taylor&Francis Рейтинг: Цена: 7622 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume assembles hundreds of cases and studies to provide the most accurate and comprehensive picture of the status of pornography in the criminal justice system. Presenting high-level research in an accessible and organized manner, it explores a range of topics, including investigating and prosecuting a case, arguments favoring and opposing decriminalization of pornography, and relationships between pornography, mental disorders, and crime. It also examines criminal justice responses and international laws, policies, attitudes, and definitions of pornography in comparison to those of the United States.
Автор: Clarke Название: Mirrors of Justice ISBN: 0521195373 ISBN-13(EAN): 9780521195379 Издательство: Cambridge Academ Рейтинг: Цена: 8742 р. Наличие на складе: Поставка под заказ.
Описание: Mirrors of Justice is a groundbreaking study of the meanings of and possibilities for justice in the contemporary world. The book brings together a group of both prominent and emerging scholars to reconsider the relationships between justice, international law, culture, power, and history through case studies of a wide range of justice processes. The book's eighteen authors examine the ambiguities of justice in Europe, Africa, Latin America, Asia, the Middle East, and Melanesia through critical empirical and historical chapters. The introduction makes an important contribution to our understanding of the multiplicity of justice in the twenty-first century by providing an interdisciplinary theoretical framework that synthesizes the book's chapters with leading-edge literatures on human rights, legal pluralism, and international law.
Описание: Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions– an important aspiration of transitional processes– is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.
Автор: J. Angelo Corlett Название: Race, Rights, and Justice ISBN: 1402096518 ISBN-13(EAN): 9781402096518 Издательство: Springer Рейтинг: Цена: 10445 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism.
Описание: In recent years, the two primary vehicles for the pursuit of post-conflict justice have been criminal prosecutions and alternative truth-seeking mechanisms. Although methods differ, the goal of accountability is fundamentally similar, yet more often than not the relationship between truth commissions and courts is viewed as one that is prone to conflict and difficulty. This volume explores the tension between the work of truth commissions and criminal courts in addressing serious human rights abuses in post-conflict situations. Drawing on country examples such as Guatemala, Sierra Leone, Peru, East Timor, Ghana and Northern Ireland, this collection of essays examines how truth commissions and courts have dealt with victims, relatives and perpetrators and how the mechanisms have interacted at a practical level. The contribution of these differing approaches to the overall aim of national reconciliation is also assessed. With the growing engagement of the international community in transitional justice and post-conflict reconstruction, Truth Commissions and Courts promises to be of enduring interest to scholars and practitioners alike.
Описание: Presents a comparative study, by some of the leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. This title examines the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities.
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