Hiroshi Oda
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199232185
- eISBN:
- 9780191705335
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199232185.003.0004
- Subject:
- Law, Comparative Law
This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay ...
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This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay participation, speeding up of court proceedings, alternative dispute resolution, and international commercial arbitration.Less
This chapter focuses on the administration of justice in Japan. It begins with a discussion of the history of Japan's system of courts. It then discusses justice system reform, the court system, lay participation, speeding up of court proceedings, alternative dispute resolution, and international commercial arbitration.
Maurizio Viroli
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151823
- eISBN:
- 9781400840274
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151823.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the court system. When an enormous or arbitrary power establishes itself in a country, the court system is created. A court exists when a person, by virtue of his enormous ...
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This chapter discusses the court system. When an enormous or arbitrary power establishes itself in a country, the court system is created. A court exists when a person, by virtue of his enormous power, constantly occupies a more elevated and central position in relation to a relatively large number of individuals who depend on him in order to gain, keep, and increase their wealth, status, and chance of appearing and being seen and admired. This system depends on the effective power of the signore to distribute to the courtiers material and symbolic benefits and to threaten them, equally effectively, with the loss of those goods. In the court system, the prince too depends to a certain degree on the courtiers and all those whom he can benefit or threaten. However, the superior power of the signore and his central position are not in question. Ultimately, the most important reason for a court's existence is the practice of servitude.Less
This chapter discusses the court system. When an enormous or arbitrary power establishes itself in a country, the court system is created. A court exists when a person, by virtue of his enormous power, constantly occupies a more elevated and central position in relation to a relatively large number of individuals who depend on him in order to gain, keep, and increase their wealth, status, and chance of appearing and being seen and admired. This system depends on the effective power of the signore to distribute to the courtiers material and symbolic benefits and to threaten them, equally effectively, with the loss of those goods. In the court system, the prince too depends to a certain degree on the courtiers and all those whom he can benefit or threaten. However, the superior power of the signore and his central position are not in question. Ultimately, the most important reason for a court's existence is the practice of servitude.
Caroline Humfress
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780198208419
- eISBN:
- 9780191716966
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198208419.003.003
- Subject:
- History, European Medieval History
This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for ...
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This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for magistrates, and the iudex as a ‘creative’ interpreter of law.Less
This chapter begins with a discussion of the court system in the late Roman Empire. It then discusses lower-level judicial hearings and their interaction with the higher courts, training for magistrates, and the iudex as a ‘creative’ interpreter of law.
Daniel D. Stier and Diane M. Nicks
- Published in print:
- 2007
- Published Online:
- September 2009
- ISBN:
- 9780195301489
- eISBN:
- 9780199863822
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195301489.003.0004
- Subject:
- Public Health and Epidemiology, Public Health, Epidemiology
This chapter explores the relations between public health and the judiciary, defined broadly as the U.S. court system, essential functions of the court system, essential people within the court ...
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This chapter explores the relations between public health and the judiciary, defined broadly as the U.S. court system, essential functions of the court system, essential people within the court system (e.g., judges and juries), and procedural rules and customs under which the courts resolve disputes and operate. It introduces the structure and function of federal and state courts, and describes how federalism requires state and federal courts to share power. It then discusses several public health law-related cases decided by courts. While showing that courts generally grant broad deference to officials endeavoring to protect the public's health, the cases also illustrate judicial insistence on the existence of underlying legal authority; the attention paid by courts to the facts on which public health actions are based; the judicial balancing of protection of public health and individual rights; the impact of federalism on judicial decisions; and the potential for judicial interpretation to change over time. Finally, the chapter addresses the emerging issue of the courts' roles in and preparedness needs for public health emergencies.Less
This chapter explores the relations between public health and the judiciary, defined broadly as the U.S. court system, essential functions of the court system, essential people within the court system (e.g., judges and juries), and procedural rules and customs under which the courts resolve disputes and operate. It introduces the structure and function of federal and state courts, and describes how federalism requires state and federal courts to share power. It then discusses several public health law-related cases decided by courts. While showing that courts generally grant broad deference to officials endeavoring to protect the public's health, the cases also illustrate judicial insistence on the existence of underlying legal authority; the attention paid by courts to the facts on which public health actions are based; the judicial balancing of protection of public health and individual rights; the impact of federalism on judicial decisions; and the potential for judicial interpretation to change over time. Finally, the chapter addresses the emerging issue of the courts' roles in and preparedness needs for public health emergencies.
Lynn M. LoPucki
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199914333
- eISBN:
- 9780199980185
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199914333.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not ...
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This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not only to the documents in court files, but also to the answers to millions of the most important questions regarding the system's performance. The chapter summarizes a larger project in which the author sought to project the consequences of elimination of the two most important remaining barriers to federal court system transparency: the current charge of eight cents per page for obtaining court documents through PACER (Public Access to Court Electronic Records) and the need for human intervention to extract data from the PDF forms posted on PACER. It begins by describing the technological challenge of converting PACER data into useful views of the court system. It then turns to the substantial benefits that would flow from providing those views. Lastly, it lists and responds to the objections that have been, and will be, made to the federal courts' efforts to render their operations transparent.Less
This chapter argues that existing technology is capable of rendering the court system almost completely transparent at nominal cost. “Transparent” means that the public would have online access not only to the documents in court files, but also to the answers to millions of the most important questions regarding the system's performance. The chapter summarizes a larger project in which the author sought to project the consequences of elimination of the two most important remaining barriers to federal court system transparency: the current charge of eight cents per page for obtaining court documents through PACER (Public Access to Court Electronic Records) and the need for human intervention to extract data from the PDF forms posted on PACER. It begins by describing the technological challenge of converting PACER data into useful views of the court system. It then turns to the substantial benefits that would flow from providing those views. Lastly, it lists and responds to the objections that have been, and will be, made to the federal courts' efforts to render their operations transparent.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0005
- Subject:
- History, Middle East History
This chapter concentrates on military court judges and prosecutors. It specifically investigates their legal roles and practices and explores variations in their perspectives on the functioning of ...
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This chapter concentrates on military court judges and prosecutors. It specifically investigates their legal roles and practices and explores variations in their perspectives on the functioning of the military court system and the legitimacy of Israeli military rule over Palestinians in the West Bank and Gaza. The issue of the judge's anger provided another narrative device to reflect on the influence of emotion in individuals' relations with others in the military court system. The intifada raised long-simmering concerns about the negative consequences of protracted military occupation on Israeli society. The tendency of judges to prefer prosecution evidence is openly acknowledged. Israel's continuing ability to prosecute and punish Palestinians took on new meanings under the changed political arrangements. There is a possibility that those Jewish Israelis who have been critical of the occupation in the past will be critical if it continues into the future.Less
This chapter concentrates on military court judges and prosecutors. It specifically investigates their legal roles and practices and explores variations in their perspectives on the functioning of the military court system and the legitimacy of Israeli military rule over Palestinians in the West Bank and Gaza. The issue of the judge's anger provided another narrative device to reflect on the influence of emotion in individuals' relations with others in the military court system. The intifada raised long-simmering concerns about the negative consequences of protracted military occupation on Israeli society. The tendency of judges to prefer prosecution evidence is openly acknowledged. Israel's continuing ability to prosecute and punish Palestinians took on new meanings under the changed political arrangements. There is a possibility that those Jewish Israelis who have been critical of the occupation in the past will be critical if it continues into the future.
Maurizio Viroli
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151823
- eISBN:
- 9781400840274
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151823.003.0005
- Subject:
- Political Science, International Relations and Politics
This concluding chapter assesses Italy's path to freedom. The Italians, at least the better individuals among that people, succeeded in being reborn from servitude to liberty when they developed a ...
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This concluding chapter assesses Italy's path to freedom. The Italians, at least the better individuals among that people, succeeded in being reborn from servitude to liberty when they developed a healthy scorn for the life of a courtier. However, although predictions are always chancy things in the field of politics, it appears unlikely that the enormous power that has been established in Italy can be replaced by a power that is other than that of the court. The only alternative to the liberty of servants is the liberty of citizens, and only a political leader who understands what this liberty consists of and loves it with his whole being will be able to construct in Italy the political and social ethos that is likely to prevent the rebirth of a court system.Less
This concluding chapter assesses Italy's path to freedom. The Italians, at least the better individuals among that people, succeeded in being reborn from servitude to liberty when they developed a healthy scorn for the life of a courtier. However, although predictions are always chancy things in the field of politics, it appears unlikely that the enormous power that has been established in Italy can be replaced by a power that is other than that of the court. The only alternative to the liberty of servants is the liberty of citizens, and only a political leader who understands what this liberty consists of and loves it with his whole being will be able to construct in Italy the political and social ethos that is likely to prevent the rebirth of a court system.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0001
- Subject:
- History, Middle East History
The Israeli military court system is the central subject of this book. It is also a sociological inquiry into law and conflict in Israel, the West Bank, and Gaza, an area that is referred to ...
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The Israeli military court system is the central subject of this book. It is also a sociological inquiry into law and conflict in Israel, the West Bank, and Gaza, an area that is referred to collectively as “Israel/Palestine.” This chapter tries to describe the contents and contours of the debates and to connect these debates both to the workings of the military court system and to the politics of the conflict. It also explores the military court system to see how law is enforced and what is done or not done in the name of the law. Part One of this book provides a general overview of the empirical context and the theoretical issues that inform this study. Part Two offers a sociolegal ethnography of the military court system.Less
The Israeli military court system is the central subject of this book. It is also a sociological inquiry into law and conflict in Israel, the West Bank, and Gaza, an area that is referred to collectively as “Israel/Palestine.” This chapter tries to describe the contents and contours of the debates and to connect these debates both to the workings of the military court system and to the politics of the conflict. It also explores the military court system to see how law is enforced and what is done or not done in the name of the law. Part One of this book provides a general overview of the empirical context and the theoretical issues that inform this study. Part Two offers a sociolegal ethnography of the military court system.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0009
- Subject:
- History, Middle East History
This chapter describes the legal process, which is dominated by plea bargaining. In particular, it investigates the factors that affect plea bargaining, compares how outcomes are achieved, and ...
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This chapter describes the legal process, which is dominated by plea bargaining. In particular, it investigates the factors that affect plea bargaining, compares how outcomes are achieved, and discusses how legal work and the legal process are perceived by those directly involved in military court system. Time and money bear heavily on the prevalence of plea bargaining. Some lawyers certainly lack the professional skills needed to handle the pressures of a trial, so they “need” to plea-bargain. But in this court system, plea bargaining is the norm, not the exception. Legally and politically, the prevalence of plea bargaining in the military court system is a rational response to the carceral nature of military occupation and the constricted options available to Palestinian defendants and their lawyers. But plea bargaining also reveals that people can and do maneuver for advantages, even under such conditions.Less
This chapter describes the legal process, which is dominated by plea bargaining. In particular, it investigates the factors that affect plea bargaining, compares how outcomes are achieved, and discusses how legal work and the legal process are perceived by those directly involved in military court system. Time and money bear heavily on the prevalence of plea bargaining. Some lawyers certainly lack the professional skills needed to handle the pressures of a trial, so they “need” to plea-bargain. But in this court system, plea bargaining is the norm, not the exception. Legally and politically, the prevalence of plea bargaining in the military court system is a rational response to the carceral nature of military occupation and the constricted options available to Palestinian defendants and their lawyers. But plea bargaining also reveals that people can and do maneuver for advantages, even under such conditions.
Victor Ferreres Comella
- Published in print:
- 2009
- Published Online:
- October 2013
- ISBN:
- 9780300148671
- eISBN:
- 9780300148688
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300148671.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the ...
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This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions. The book's systematic exploration of the reasons for and against the creation of constitutional courts is detailed and it offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, the book finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. It concludes that, while the decentralized model works for the United States, there is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.Less
This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions. The book's systematic exploration of the reasons for and against the creation of constitutional courts is detailed and it offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, the book finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. It concludes that, while the decentralized model works for the United States, there is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.
AndréE Lajoie
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9780199264629
- eISBN:
- 9780191698965
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199264629.003.0005
- Subject:
- Law, Legal Profession and Ethics
This chapter demonstrates that it is not possible to accommodate differences within the UK into the institutional design of the proposed new supreme court. It examines the Canadian experience of ...
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This chapter demonstrates that it is not possible to accommodate differences within the UK into the institutional design of the proposed new supreme court. It examines the Canadian experience of attempts to incorporate minority interests (principally those of francophone Canadians and the civilian legal traditions of Quebec) within the court system through (i) bilingualism; (ii) ‘bijuridism’ — practices of legislative drafting and judicial interpretation aimed at harmonizing common law and civilian law concepts in Federal law; and (iii) territorial representation on the bench of the supreme court. Despite these attempts, accommodation of regional difference has not happened in Quebec where it mattered — that is on issues relating to the Canadian version of ‘devolution’, the constitutional division of legislative and executive powers. It is argued that far from being an exceptional failure, the experience of the Canadian court system is typical of that in any legal order.Less
This chapter demonstrates that it is not possible to accommodate differences within the UK into the institutional design of the proposed new supreme court. It examines the Canadian experience of attempts to incorporate minority interests (principally those of francophone Canadians and the civilian legal traditions of Quebec) within the court system through (i) bilingualism; (ii) ‘bijuridism’ — practices of legislative drafting and judicial interpretation aimed at harmonizing common law and civilian law concepts in Federal law; and (iii) territorial representation on the bench of the supreme court. Despite these attempts, accommodation of regional difference has not happened in Quebec where it mattered — that is on issues relating to the Canadian version of ‘devolution’, the constitutional division of legislative and executive powers. It is argued that far from being an exceptional failure, the experience of the Canadian court system is typical of that in any legal order.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0008
- Subject:
- History, Middle East History
This chapter turns to Palestinians who are prosecuted and defended in the military court system. It specifically considers the carceral nature of government in the West Bank and Gaza as it affects ...
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This chapter turns to Palestinians who are prosecuted and defended in the military court system. It specifically considers the carceral nature of government in the West Bank and Gaza as it affects and is perceived by Palestinians who are prosecuted in the military court system. The Israeli-Palestinian conflict is at the root of structural violence and social suffering in the West Bank and Gaza. The institutionally passive role of the defendant begins to take shape from the point after the interrogation is finished. Arrest and interrogation are two complementary and coordinated means for a state to exercise its law enforcement powers. Prison release poses another set of problems as ex-prisoners reintegrate with their families and society. Carceralism is premised on presumptions of Palestinian criminality and guilt.Less
This chapter turns to Palestinians who are prosecuted and defended in the military court system. It specifically considers the carceral nature of government in the West Bank and Gaza as it affects and is perceived by Palestinians who are prosecuted in the military court system. The Israeli-Palestinian conflict is at the root of structural violence and social suffering in the West Bank and Gaza. The institutionally passive role of the defendant begins to take shape from the point after the interrogation is finished. Arrest and interrogation are two complementary and coordinated means for a state to exercise its law enforcement powers. Prison release poses another set of problems as ex-prisoners reintegrate with their families and society. Carceralism is premised on presumptions of Palestinian criminality and guilt.
- Published in print:
- 2011
- Published Online:
- March 2013
- ISBN:
- 9780226039541
- eISBN:
- 9780226039565
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226039565.003.0001
- Subject:
- Political Science, American Politics
This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both ...
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This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both inevitable and desirable, a source of benefits to the organizations. Judicial specialization is sufficient in extent to constitute a significant feature of the judiciary, one that merits the attention of people who seek to understand the courts. The extent of specialization in the courts and the growth in specialization make it an important phenomenon. Judicial specialization is best thought in terms of the link between individual judges and fields of legal policy. The chapter turns to the landscape of specialization in the federal and state court systems. A significant portion of the work of federal courts is handled by specialized bodies. Finally, an overview of the other chapters included in the book is given.Less
This chapter introduces judicial specialization, and also considers the book's first question: The extent of judicial specialization in the United States. People assume that specialization is both inevitable and desirable, a source of benefits to the organizations. Judicial specialization is sufficient in extent to constitute a significant feature of the judiciary, one that merits the attention of people who seek to understand the courts. The extent of specialization in the courts and the growth in specialization make it an important phenomenon. Judicial specialization is best thought in terms of the link between individual judges and fields of legal policy. The chapter turns to the landscape of specialization in the federal and state court systems. A significant portion of the work of federal courts is handled by specialized bodies. Finally, an overview of the other chapters included in the book is given.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0006
- Subject:
- History, Middle East History
This chapter considers the politics of language in the military court system, highlighting the roles, practices, and perspectives of translators, most of whom are Druze. The state's policies toward ...
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This chapter considers the politics of language in the military court system, highlighting the roles, practices, and perspectives of translators, most of whom are Druze. The state's policies toward the Druze community provide a vivid case of social engineering to politicize and manage identity in ways that conform to and serve state interests. Moreover, the chapter discusses how Druze Israelis became bilingual. The Druze are preferred for the role of translators because they have both bilingual skills and a sociopolitical status as “non-Arab Arabs.” The role translators perform contributes to maintaining an appearance of due process and the availability of defendants' legal rights by enabling judges, prosecutors, and defense lawyers to understand one another and to communicate their points effectively. Druze translators are deterred from adopting or expressing views critical of the Israeli occupation of the West Bank and Gaza.Less
This chapter considers the politics of language in the military court system, highlighting the roles, practices, and perspectives of translators, most of whom are Druze. The state's policies toward the Druze community provide a vivid case of social engineering to politicize and manage identity in ways that conform to and serve state interests. Moreover, the chapter discusses how Druze Israelis became bilingual. The Druze are preferred for the role of translators because they have both bilingual skills and a sociopolitical status as “non-Arab Arabs.” The role translators perform contributes to maintaining an appearance of due process and the availability of defendants' legal rights by enabling judges, prosecutors, and defense lawyers to understand one another and to communicate their points effectively. Druze translators are deterred from adopting or expressing views critical of the Israeli occupation of the West Bank and Gaza.
William M. Richman and William L. Reynolds
- Published in print:
- 2012
- Published Online:
- May 2013
- ISBN:
- 9780195342079
- eISBN:
- 9780199332397
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195342079.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the history of the circuit courts of appeals. For the first hundred years, there was no separate set of intermediate courts of appeals, though Congress had experimented with ...
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This chapter discusses the history of the circuit courts of appeals. For the first hundred years, there was no separate set of intermediate courts of appeals, though Congress had experimented with various court configurations to perform their function. Then in the Evarts Act (1891) and the Judges' Bill, Congress created the current appellate court system, intending that the circuit courts of appeals would perform the traditional functions of a common law appellate court—the correction of trial court error and the incidental law-giving function needed to explain the error correction results. The courts functioned this way for nearly eighty years until an explosion of appellate litigation required that these courts change in primary function, staffing, and internal operating procedure.Less
This chapter discusses the history of the circuit courts of appeals. For the first hundred years, there was no separate set of intermediate courts of appeals, though Congress had experimented with various court configurations to perform their function. Then in the Evarts Act (1891) and the Judges' Bill, Congress created the current appellate court system, intending that the circuit courts of appeals would perform the traditional functions of a common law appellate court—the correction of trial court error and the incidental law-giving function needed to explain the error correction results. The courts functioned this way for nearly eighty years until an explosion of appellate litigation required that these courts change in primary function, staffing, and internal operating procedure.
Lisa Hajjar
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780520241930
- eISBN:
- 9780520937987
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520241930.003.0002
- Subject:
- History, Middle East History
This chapter addresses the history, politics, and contours of law and conflict, including a general discussion of the identities and ideologies of populations in Israel/Palestine. It is also ...
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This chapter addresses the history, politics, and contours of law and conflict, including a general discussion of the identities and ideologies of populations in Israel/Palestine. It is also interested in law's paradoxical capacity to serve and secure the authority of the state while also enabling means of resisting that authority. Nationalism and national differences are undeniably important for understanding the conflict between Jews and Palestinians in terms of their respective political institutions and the differing interests to which they lay claim as “peoples.” The sociology of law attends to the mutually constitutive relationship among law, society, and the state. In Israel/Palestine, the rights of sovereignty and self-determination are at the heart of the conflict, so this context illuminates the paradox. The military court system provides an important institutional setting for mapping the history and development of human rights in Israel/Palestine.Less
This chapter addresses the history, politics, and contours of law and conflict, including a general discussion of the identities and ideologies of populations in Israel/Palestine. It is also interested in law's paradoxical capacity to serve and secure the authority of the state while also enabling means of resisting that authority. Nationalism and national differences are undeniably important for understanding the conflict between Jews and Palestinians in terms of their respective political institutions and the differing interests to which they lay claim as “peoples.” The sociology of law attends to the mutually constitutive relationship among law, society, and the state. In Israel/Palestine, the rights of sovereignty and self-determination are at the heart of the conflict, so this context illuminates the paradox. The military court system provides an important institutional setting for mapping the history and development of human rights in Israel/Palestine.
Alon Klement and Zvika Neeman
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780199570515
- eISBN:
- 9780191765957
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199570515.003.0019
- Subject:
- Economics and Finance, Financial Economics
The chapter describes a mechanism design framework that could help identify a set of procedural mechanisms that would minimize the resources used to achieve one of the main goals of the court system, ...
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The chapter describes a mechanism design framework that could help identify a set of procedural mechanisms that would minimize the resources used to achieve one of the main goals of the court system, which is to differentiate between those who obeyed the law and those who did not. The proposed framework can also help to formulate and evaluate procedural rules, and to identify necessary and sufficient conditions for deciding disputes according to substantive law with minimal costs of litigation and delay. The chapter illustrates our approach using three examples: fee-shifting rules, discovery rules, and third party alternative dispute resolution mechanisms.Less
The chapter describes a mechanism design framework that could help identify a set of procedural mechanisms that would minimize the resources used to achieve one of the main goals of the court system, which is to differentiate between those who obeyed the law and those who did not. The proposed framework can also help to formulate and evaluate procedural rules, and to identify necessary and sufficient conditions for deciding disputes according to substantive law with minimal costs of litigation and delay. The chapter illustrates our approach using three examples: fee-shifting rules, discovery rules, and third party alternative dispute resolution mechanisms.
Jessica Jacobson, Gillian Hunter, and Amy Kirby
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9781447317050
- eISBN:
- 9781447309901
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447317050.003.0002
- Subject:
- Sociology, Law, Crime and Deviance
This chapter provides a broad context to the empirical research findings that are presented in the chapters that follow. The first part of the chapter sets out the essential structure of the courts ...
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This chapter provides a broad context to the empirical research findings that are presented in the chapters that follow. The first part of the chapter sets out the essential structure of the courts system of England and Wales, and the place of the Crown Court within it. The routes by which a criminal case can come to the Crown Court, and some key facts and figures relating to court business, are also outlined here. Secondly, the authors describe the core components of a Crown Court trial and Crown Court sentencing hearing, and the key players (professionals, practitioners and lay participants) in the courtroom. The third and final part of the chapter addresses the theme of ‘access to justice’, noting that a significant feature of recent criminal justice policy has been the development of support within the courtroom for vulnerable and intimidated witnesses and victims and – to a lesser extent – for vulnerable defendants.Less
This chapter provides a broad context to the empirical research findings that are presented in the chapters that follow. The first part of the chapter sets out the essential structure of the courts system of England and Wales, and the place of the Crown Court within it. The routes by which a criminal case can come to the Crown Court, and some key facts and figures relating to court business, are also outlined here. Secondly, the authors describe the core components of a Crown Court trial and Crown Court sentencing hearing, and the key players (professionals, practitioners and lay participants) in the courtroom. The third and final part of the chapter addresses the theme of ‘access to justice’, noting that a significant feature of recent criminal justice policy has been the development of support within the courtroom for vulnerable and intimidated witnesses and victims and – to a lesser extent – for vulnerable defendants.
Jane C. Murphy and Jana B. Singer
- Published in print:
- 2015
- Published Online:
- March 2016
- ISBN:
- 9780814708934
- eISBN:
- 9780814708941
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814708934.003.0008
- Subject:
- Law, Family Law
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and ...
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This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.Less
This concluding chapter offers a series of recommendations designed to address the disconnection between the new paradigm and today's families, and to adjust the balance between court-based and community-based approaches to family dispute resolution. Twenty-first-century reformers should consider moving some of the non-adversary processes and services that characterize the new paradigm out of the court system and into the community. They should also look for ways to enhance children's participation in the non-adversarial resolution of family disputes. Moreover, today's reformers should look beyond divorcing couples and adopt processes and services that better serve the needs of never-married parents and other family structures. Finally, rather than bypassing lawyers, reformers should pursue alternative models of legal representation that can both enhance access to legal services and promote durable resolutions for families.
Jonathan Powell and Jeremy Paterson (eds)
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780198152804
- eISBN:
- 9780191715143
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198152804.001.0001
- Subject:
- Classical Studies, Prose and Writers: Classical, Early, and Medieval
This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It ...
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This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It sets the speeches within the context of the court system of the Late Roman Republic and explores the strategies available to Roman advocates to win the votes of jurors. The book deals with issues concerning the general nature of advocacy, the court system in ancient Rome as compared with other ancient and modern systems, the Roman ‘profession’ of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. Other topics covered by the book include legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal. Some particular speeches are discussed as case studies covering the period of the height of Cicero's career, from 70 BC, when he became acknowledged as the leading Roman advocate, to 49 BC when Julius Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances. Those speeches contain arguments on a wide range of subject matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences.Less
This book considers Cicero's forensic speeches as acts of advocacy, that is, designed to ensure that the person he represents is acquitted or that the person he is prosecuting is found guilty. It sets the speeches within the context of the court system of the Late Roman Republic and explores the strategies available to Roman advocates to win the votes of jurors. The book deals with issues concerning the general nature of advocacy, the court system in ancient Rome as compared with other ancient and modern systems, the Roman ‘profession’ of advocacy and its etiquette, the place of advocacy in Cicero's career, the ancient theory of rhetoric and argument as applied to courtroom advocacy, and the relationship between the published texts of the speeches as we have them and the speeches actually delivered in court. Other topics covered by the book include legal procedure in Cicero's time, Cicero's Italian clients, Cicero's methods of setting out or alluding to the facts of a case, his use of legal arguments, arguments from character, invective, self-reference, and emotional appeal. Some particular speeches are discussed as case studies covering the period of the height of Cicero's career, from 70 BC, when he became acknowledged as the leading Roman advocate, to 49 BC when Julius Caesar's dictatorship required Cicero to adapt his well-tried forensic techniques to drastically new circumstances. Those speeches contain arguments on a wide range of subject matter, including provincial maladministration, usurpation of citizenship rights, violent dispossession, the religious law relating to the consecration of property, poisoning, bribery, and political offences.
