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Author:
Publisher: BRILL
ISBN: 9004438246
Category : Law
Languages : en
Pages : 250
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Book Description
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.
Author:
Publisher: BRILL
ISBN: 9004438246
Category : Law
Languages : en
Pages : 250
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Book Description
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.
Author: Barry C. Feld
Publisher: NYU Press
ISBN: 147987129X
Category : Social Science
Languages : en
Pages : 408
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Book Description
A major statement on the juvenile justice system by one of America’s leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.” Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193
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Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--
Author: Anthony Musson
Publisher: Palgrave MacMillan
ISBN:
Category : Courts
Languages : en
Pages : 272
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Book Description
This book aims to provide a lucid and approachable reassessment of the various political, economic and social pressures on the development of English justice in the fourteenth century. It suggests the best ways by which readers can understand the different historical debates and schools of thought. It stresses the crucial point that the law did not simply react to external shocks, but was capable of developing from within, responding to the needs of a fast-changing and increasingly litigious society. Further, it questions the notion that royal justice underwent a crisis in the fourteenth century and offers new insights into the power structure and political culture of the reigns of Edward II, Edward III, and Richard II.
Author: Melissa Crouch
Publisher: Cambridge University Press
ISBN: 1108493467
Category : Law
Languages : en
Pages : 449
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Book Description
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author: S. R. Sharma
Publisher:
ISBN: 9788126115471
Category : Law
Languages : en
Pages : 0
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Book Description
Most Modern Societies Began With A Heritage Of Law The Type Of Lawyers Law; The Basic System Of Criminal Law, Law Concerning The Family, Property, Contracts And Economic Organization And Concerning The Organization And Procedure Of Courts And Of The Legal Profession.Some Fundamentals Issues Pertaining To The Evolution Of Law And Society Are Elaborately Accounted In This Book. The Gamut Of Information Is Confined Under Thirteen Chapters.ContentsLaw In A Primitive Society; Social Evolution And Legal Evolution; Functions Of Courts; The Judges; The Lawyears; Social Control And Social Order; Law And Legal Study; Sources Of Law; The Civil Court Structure; The Criminal Court Structure; Legal Science And Social Science; Law As A Type Of Social Control; Social And Political Forces On The Law: Law As Dependent, Etc.
Author: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541
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Book Description
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author: Maaike van Berkel
Publisher: BRILL
ISBN: 9004315713
Category : History
Languages : en
Pages : 668
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Book Description
Prince, Pen, and Sword offers a synoptic interpretation of rulers and elites in Eurasia from the fourteenth to the eighteenth century. Four core chapters zoom in on the tensions and connections at court, on the nexus between rulers and religious authority, on the status, function, and self-perceptions of military and administrative elites respectively. Two additional concise chapters provide a focused analysis of the construction of specific dynasties (the Golden Horde and the Habsburgs) and narratives of kingship found in fiction throughout Eurasia. The contributors and editors, authorities in their fields, systematically bring together specialised literature on numerous Eurasian kingdoms and empires. This book is a careful and thought-provoking experiment in the global, comparative and connected history of rulers and elites.
Author: Nicholas Theodore Aroney
Publisher: University of Toronto Press
ISBN: 1487511485
Category : Law
Languages : en
Pages : 600
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Book Description
Courts are key players in the dynamics of federal countries since their rulings have a direct impact on the ability of governments to centralize and decentralize power. Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States. The volume’s contributors analyse the centralizing or decentralizing forces at play following a court’s ruling on issues such as individual rights, economic affairs, social issues, and other matters. The thirteen substantive chapters have been written to facilitate comparability between the countries. Each chapter outlines a country’s federal system, explains the constitutional and institutional status of the court system, and discusses the high court’s jurisprudence in light of these features. Courts in Federal Countries offers insightful explanations of judicial behaviour in the world’s leading federations.
Author: John W. Wertheimer
Publisher: University Press of Kentucky
ISBN: 0813188954
Category : History
Languages : en
Pages : 336
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Book Description
Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.
