Brian Bornstein and Monica Miller
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195328677
- eISBN:
- 9780199869954
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328677.001.0001
- Subject:
- Psychology, Forensic Psychology
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness ...
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The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.Less
The phrase “God in the courtroom” conjures up several images, such as William Jennings Bryan defending religion against the tyranny of evolution, a robed deity passing divine judgment, a witness swearing to tell “the truth, the whole truth, and nothing but the truth, so help me God,” and so on. But there are numerous other, often subtle ways in which religion and law intersect. This book reviews legal developments and behavioral science research concerning the effects of religion on legal practice, decision making processes of various legal actors, and trial outcomes. For example, religious beliefs might influence the decisions of legal decision makers, such as judges and jurors. Attorneys might rely on religion, both in the way they approach their professional practice generally and in specific trial tactics (e.g., using a scriptural rationale in arguing for a particular trial outcome). This book covers these and related topics in exploring how religion affects the actions of all of the major participants at trial: jurors, judges, attorneys, and litigants.
Karen J. Alter
- Published in print:
- 2014
- Published Online:
- October 2017
- ISBN:
- 9780691154749
- eISBN:
- 9781400848683
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691154749.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter presents four case studies covering all of the substantive domains in which international courts operate. The case studies show World Trade Organization (WTO) litigation pressuring the ...
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This chapter presents four case studies covering all of the substantive domains in which international courts operate. The case studies show World Trade Organization (WTO) litigation pressuring the US Congress to change a tax policy that promoted US exports; the Andean Tribunal facilitating a retreat on the issuing of “second use patents”; and the Community Court of the Economic Community of West African States (ECOWAS) leading Niger to compensate Hadijatou Mani for enslavement in the customary family law system, as well as the indictment and arrest of Charles Taylor for crimes committed in a neighboring country. In all of these case studies, the ability of ICs to offer a remedy mobilized litigants, and ICs' rulings constructed focal remedies that compliance supporters could demand.Less
This chapter presents four case studies covering all of the substantive domains in which international courts operate. The case studies show World Trade Organization (WTO) litigation pressuring the US Congress to change a tax policy that promoted US exports; the Andean Tribunal facilitating a retreat on the issuing of “second use patents”; and the Community Court of the Economic Community of West African States (ECOWAS) leading Niger to compensate Hadijatou Mani for enslavement in the customary family law system, as well as the indictment and arrest of Charles Taylor for crimes committed in a neighboring country. In all of these case studies, the ability of ICs to offer a remedy mobilized litigants, and ICs' rulings constructed focal remedies that compliance supporters could demand.
Monica K. Miller and Brian H. Bornstein (eds)
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199829996
- eISBN:
- 9780199301492
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199829996.001.0001
- Subject:
- Psychology, Forensic Psychology
Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal ...
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Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal system as a whole. Stress and trauma can also affect the individual on a more personal level, affecting their relationships, job satisfaction and overall health. On the other hand, contact with the legal system has potential to promote wellbeing for many individuals, such as victims who feel that justice was served and jurors and judges who feel they have helped preserve the integrity of the legal system. This book consolidates the theory and research concerning the impact that being involved with the legal system has on a variety of groups. It also discusses the lengths the legal system has gone to in order to protect these individuals, such as counseling for jurors after stressful trials, and allowing children to testify by closed circuit TV. Finally, after reviewing the literature and summarizing the existing research, each chapter points out where research is lacking. In all, the book provides an overview of how being involved in the legal system can affect various groups of people ranging from witnesses to attorneys to victims.Less
Stress and trauma have potential to affect the behavior and performance of victims, litigants, witnesses, judges, jurors, police, and attorneys; this in turn can impact the functioning of the legal system as a whole. Stress and trauma can also affect the individual on a more personal level, affecting their relationships, job satisfaction and overall health. On the other hand, contact with the legal system has potential to promote wellbeing for many individuals, such as victims who feel that justice was served and jurors and judges who feel they have helped preserve the integrity of the legal system. This book consolidates the theory and research concerning the impact that being involved with the legal system has on a variety of groups. It also discusses the lengths the legal system has gone to in order to protect these individuals, such as counseling for jurors after stressful trials, and allowing children to testify by closed circuit TV. Finally, after reviewing the literature and summarizing the existing research, each chapter points out where research is lacking. In all, the book provides an overview of how being involved in the legal system can affect various groups of people ranging from witnesses to attorneys to victims.
Richard Aikens
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0036
- Subject:
- Law, Legal History
This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs ...
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This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs of commercial litigants.Less
This chapter discusses the historical development of the Commercial Court procedures, how they have adjusted to the needs of the commercial actors, and how they must keep to attempt to meet the needs of commercial litigants.
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/9780195342079.003.0016
- Subject:
- Law, Constitutional and Administrative Law
This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court ...
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This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court usually chooses to review fewer than one hundred. Thus, from the litigant's point of view, the decisions of the Courts of Appeals are, for all practical purposes, final—the last stop in the judicial system. While any significant change in so important an institution would be noteworthy, the change that this book treats is remarkable for additional reasons. First, it happened so quickly—over a span of only thirty years, one legal generation. Second, the shift occurred entirely at the impetus of the courts themselves, with no executive and very little legislative input. In other words, the radical shift is entirely of the judges' making. The third reason flows from the second; when stripped of all rhetoric, the reason for the change in the circuit courts is that the judges prefer the new arrangement. The fourth reason is that the change in the courts of appeals represents a major reallocation of government benefits, draining them from the routine middle-class litigants and lavishing them on the wealthiest and most powerful litigants. Finally, the revolution has attracted little attention from the legal profession and even less from the public and, amazingly, even less from the judges themselves. An overview of the subsequent chapters is also presented.Less
This introductory chapter sets out the book's focus, namely the deterioration of the U.S. Courts of Appeals. These courts decide over fifty thousand cases per year, out of which the Supreme Court usually chooses to review fewer than one hundred. Thus, from the litigant's point of view, the decisions of the Courts of Appeals are, for all practical purposes, final—the last stop in the judicial system. While any significant change in so important an institution would be noteworthy, the change that this book treats is remarkable for additional reasons. First, it happened so quickly—over a span of only thirty years, one legal generation. Second, the shift occurred entirely at the impetus of the courts themselves, with no executive and very little legislative input. In other words, the radical shift is entirely of the judges' making. The third reason flows from the second; when stripped of all rhetoric, the reason for the change in the circuit courts is that the judges prefer the new arrangement. The fourth reason is that the change in the courts of appeals represents a major reallocation of government benefits, draining them from the routine middle-class litigants and lavishing them on the wealthiest and most powerful litigants. Finally, the revolution has attracted little attention from the legal profession and even less from the public and, amazingly, even less from the judges themselves. An overview of the subsequent chapters is also presented.
Karen B. Graubart
- Published in print:
- 2018
- Published Online:
- May 2019
- ISBN:
- 9781479850129
- eISBN:
- 9781479838394
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479850129.003.0005
- Subject:
- Law, Philosophy of Law
Graubart’s essay explores the ways indigenous litigants in and near Lima sought to preserve notions of justice amid the novelty of Spanish law and the pressures of Spanish colonization. She argues ...
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Graubart’s essay explores the ways indigenous litigants in and near Lima sought to preserve notions of justice amid the novelty of Spanish law and the pressures of Spanish colonization. She argues that customary practices, rooted in precontact legality, became interdependent with Spanish law, leading Indian leaders to become skilled at managing a zone of legal “entanglement” that was anything but fixed and certain. Graubart uses wills, as well as Native regulation of agricultural leases, urban residences, and wage labor, to discuss labor, property, and resource management to reveal how Spanish law became intelligible to Andean litigants, who operated through mixed legal languages that allowed them to maintain ideas of justice under colonial rule.Less
Graubart’s essay explores the ways indigenous litigants in and near Lima sought to preserve notions of justice amid the novelty of Spanish law and the pressures of Spanish colonization. She argues that customary practices, rooted in precontact legality, became interdependent with Spanish law, leading Indian leaders to become skilled at managing a zone of legal “entanglement” that was anything but fixed and certain. Graubart uses wills, as well as Native regulation of agricultural leases, urban residences, and wage labor, to discuss labor, property, and resource management to reveal how Spanish law became intelligible to Andean litigants, who operated through mixed legal languages that allowed them to maintain ideas of justice under colonial rule.
Sandra Fredman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199272761
- eISBN:
- 9780191709814
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199272761.003.0006
- Subject:
- Law, Human Rights and Immigration
Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and ...
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Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and retrospective nature of the litigation process. However, there is no reason why the process cannot be adapted. The most sophisticated set of adaptations has been undertaken by the Indian Supreme Court. By recognizing the inherent inequalities in the adversarial court system, the Court has adapted its processes so that the voices of the poor and disadvantaged can be heard. This entails a series of radical adaptations: widening standing to anyone litigating in the public interest; instituting court-initiated fact finding; issuing mandatory orders which give the Court ongoing supervisory powers, and monitoring the implementation of those orders. The chapter critically assesses the Court's role with a view to establishing a model for adapting the competences of courts to address socio-economic rights.Less
Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and retrospective nature of the litigation process. However, there is no reason why the process cannot be adapted. The most sophisticated set of adaptations has been undertaken by the Indian Supreme Court. By recognizing the inherent inequalities in the adversarial court system, the Court has adapted its processes so that the voices of the poor and disadvantaged can be heard. This entails a series of radical adaptations: widening standing to anyone litigating in the public interest; instituting court-initiated fact finding; issuing mandatory orders which give the Court ongoing supervisory powers, and monitoring the implementation of those orders. The chapter critically assesses the Court's role with a view to establishing a model for adapting the competences of courts to address socio-economic rights.
Daniel A. Crane
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195372656
- eISBN:
- 9780199893287
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195372656.003.0007
- Subject:
- Law, Competition Law
This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It ...
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This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It turns out that the FTC has more to say than the Antitrust Division. There is more latitude for experimentation here. Primarily this concerns the improvements on the norm-creation capabilities and powers in relation to the roles of institutional players such as generalist judges, private litigants, and the juries. The FTC is analyzed as a distinct antitrust institution but the judicial deference raises issues not distinctive to the FTC, rather they are a part of the broader fabric of administrative law.Less
This chapter considers ways to enhance the enforcement powers of the two agencies: the Federal Trade Commission (FTC) and the Antitrust Division, without changing the institutional status quo. It turns out that the FTC has more to say than the Antitrust Division. There is more latitude for experimentation here. Primarily this concerns the improvements on the norm-creation capabilities and powers in relation to the roles of institutional players such as generalist judges, private litigants, and the juries. The FTC is analyzed as a distinct antitrust institution but the judicial deference raises issues not distinctive to the FTC, rather they are a part of the broader fabric of administrative law.
Stephen Carroll and Joseph W. Doherty
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199914333
- eISBN:
- 9780199980185
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199914333.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to ...
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This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to perceptions of procedural fairness among litigants in Federal District Court. It uses the litigant and attorney surveys from the Civil Justice Reform Act Evaluation to calculate the differences between the actual monetary awards and the expected best and worst monetary awards in each case. The difference between expectations and outcomes is then compared to another survey question about the perceived fairness of the court procedures. It is hypothesized that these differences are significantly correlated with a drop in perceived fairness in the system, and that this perception is correlated with confidence in the courts.Less
This chapter examines how and why litigant attitudes toward the civil justice system might be changed by participation in a court case. Specifically, it tests how expectations and outcomes relate to perceptions of procedural fairness among litigants in Federal District Court. It uses the litigant and attorney surveys from the Civil Justice Reform Act Evaluation to calculate the differences between the actual monetary awards and the expected best and worst monetary awards in each case. The difference between expectations and outcomes is then compared to another survey question about the perceived fairness of the court procedures. It is hypothesized that these differences are significantly correlated with a drop in perceived fairness in the system, and that this perception is correlated with confidence in the courts.
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/9780195342079.003.0009
- Subject:
- Law, Constitutional and Administrative Law
This chapter considers the cumulative cost of implementing the entire Appellate Triage regime. It argues that the courts have transformed themselves in the teeth of their enabling statute from courts ...
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This chapter considers the cumulative cost of implementing the entire Appellate Triage regime. It argues that the courts have transformed themselves in the teeth of their enabling statute from courts of mandatory jurisdiction to certiorari courts. That is a change of major proportion. Despite the statutory guarantee, average litigants are denied a meaningful mandatory appeal heard by the judges, and instead must petition the staff to have their cases included in the select few that receive the traditional appellate treatment and the attention of the judges. The chapter also notes that the impact of the expediting devices is not class neutral; it falls disproportionately on the poor and middle class, whose appeals are deemed less momentous than the “big” cases brought by or against the government or major private economic actors.Less
This chapter considers the cumulative cost of implementing the entire Appellate Triage regime. It argues that the courts have transformed themselves in the teeth of their enabling statute from courts of mandatory jurisdiction to certiorari courts. That is a change of major proportion. Despite the statutory guarantee, average litigants are denied a meaningful mandatory appeal heard by the judges, and instead must petition the staff to have their cases included in the select few that receive the traditional appellate treatment and the attention of the judges. The chapter also notes that the impact of the expediting devices is not class neutral; it falls disproportionately on the poor and middle class, whose appeals are deemed less momentous than the “big” cases brought by or against the government or major private economic actors.
Melissa Milewski
- Published in print:
- 2018
- Published Online:
- November 2017
- ISBN:
- 9780190249182
- eISBN:
- 9780190249212
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190249182.001.0001
- Subject:
- History, American History: 19th Century, American History: 20th Century
From 1865 to 1950, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits. In almost a thousand civil cases ...
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From 1865 to 1950, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits. In almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gatekeepers, they displayed pragmatism and a savvy understanding of how to get whites on their side. They found that certain kinds of cases were much easier to gain whites’ support for than others. In the kinds of civil cases they could litigate in the highest courts of eight states, though, they were surprisingly successful. In a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. This book examines how black southerners adapted and at times made a biased system work for them. At the same time, it considers the limitations of working within a white-dominated system at a time of great racial discrimination and the choices black litigants made to have their cases heard.Less
From 1865 to 1950, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits. In almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gatekeepers, they displayed pragmatism and a savvy understanding of how to get whites on their side. They found that certain kinds of cases were much easier to gain whites’ support for than others. In the kinds of civil cases they could litigate in the highest courts of eight states, though, they were surprisingly successful. In a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. This book examines how black southerners adapted and at times made a biased system work for them. At the same time, it considers the limitations of working within a white-dominated system at a time of great racial discrimination and the choices black litigants made to have their cases heard.
Monica K. Miller and Brian H. Bornstein
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199829996
- eISBN:
- 9780199301492
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199829996.003.0001
- Subject:
- Psychology, Forensic Psychology
All individuals face stress in daily life; this may be particularly true for those who enforce the law, administer justice or are forced into the legal system. Stress can result in negative ...
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All individuals face stress in daily life; this may be particularly true for those who enforce the law, administer justice or are forced into the legal system. Stress can result in negative behaviors, burnout, reduced efficiency, risk-taking or a range of physical and psychological symptoms. This introductory chapter overviews the main purpose of the book, which is to present theory, research, and scholarship from various disciplines and offer suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, litigants, lawyers, judges, etc.) or involuntarily (jurors, civil litigants, criminal defendants, witnesses, etc.) drawn into the legal system. Further, as outlined in the chapter, the book focuses on both negative and positive aspects of wellbeing in order to provide a broad perspective on wellbeing in the legal system. This approach offers insights into how individuals can change the legal system on both an individual basis and on a macro level.Less
All individuals face stress in daily life; this may be particularly true for those who enforce the law, administer justice or are forced into the legal system. Stress can result in negative behaviors, burnout, reduced efficiency, risk-taking or a range of physical and psychological symptoms. This introductory chapter overviews the main purpose of the book, which is to present theory, research, and scholarship from various disciplines and offer suggestions for those interested in exploring and improving the wellbeing of those who are voluntarily (police, probation officers, litigants, lawyers, judges, etc.) or involuntarily (jurors, civil litigants, criminal defendants, witnesses, etc.) drawn into the legal system. Further, as outlined in the chapter, the book focuses on both negative and positive aspects of wellbeing in order to provide a broad perspective on wellbeing in the legal system. This approach offers insights into how individuals can change the legal system on both an individual basis and on a macro level.
Mary White Stewart and Steven M. Wood
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199829996
- eISBN:
- 9780199301492
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199829996.003.0006
- Subject:
- Psychology, Forensic Psychology
There appears to be a prevalent notion that the United States is a highly litigious society, and that individuals sue without considering the tangible and intangible costs of litigation. Such ...
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There appears to be a prevalent notion that the United States is a highly litigious society, and that individuals sue without considering the tangible and intangible costs of litigation. Such perceptions are one of the many stressors that litigants face. Social scientists and legal researchers are gaining a better understanding of the personal, psychological, and economic stressors that accompany litigation. This chapter focuses on the entire process of litigation—from the initial decision to sue to post-settlement or verdict—from the civil plaintiff’s perspective. In doing so, it highlights the factors that shape the plaintiff’s experience, particularly those that influence the stress and trauma of the litigation process. The chapter concludes by offering several suggestions for ways in which the legal system and its actors may minimize stressors and improve the psychological wellbeing of civil plaintiffs.Less
There appears to be a prevalent notion that the United States is a highly litigious society, and that individuals sue without considering the tangible and intangible costs of litigation. Such perceptions are one of the many stressors that litigants face. Social scientists and legal researchers are gaining a better understanding of the personal, psychological, and economic stressors that accompany litigation. This chapter focuses on the entire process of litigation—from the initial decision to sue to post-settlement or verdict—from the civil plaintiff’s perspective. In doing so, it highlights the factors that shape the plaintiff’s experience, particularly those that influence the stress and trauma of the litigation process. The chapter concludes by offering several suggestions for ways in which the legal system and its actors may minimize stressors and improve the psychological wellbeing of civil plaintiffs.
Brian H. Bornstein, Gwen Hullman, and Monica K. Miller
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199829996
- eISBN:
- 9780199301492
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199829996.003.0013
- Subject:
- Psychology, Forensic Psychology
This conclusion chapter summarizes, compares, and contrasts the ideas presented across the previous chapters and provides recommendations for areas of future research. The chapter also discusses two ...
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This conclusion chapter summarizes, compares, and contrasts the ideas presented across the previous chapters and provides recommendations for areas of future research. The chapter also discusses two populations that come into contact with the legal system that likely experience stressors as a result of their involvement, but have yet to be studied: Alternative Dispute Resolution professionals and eyewitnesses. These are important populations to study, and some interventions have already been adopted to address the wellbeing of these populations. These interventions are largely untested, and this chapter offers analysis based on theory and related research. Existing approaches to addressing stress and wellbeing can be categorized as either changing the environment or changing the people. Short-term and long-term recommendations for addressing stress in the legal system are offered.Less
This conclusion chapter summarizes, compares, and contrasts the ideas presented across the previous chapters and provides recommendations for areas of future research. The chapter also discusses two populations that come into contact with the legal system that likely experience stressors as a result of their involvement, but have yet to be studied: Alternative Dispute Resolution professionals and eyewitnesses. These are important populations to study, and some interventions have already been adopted to address the wellbeing of these populations. These interventions are largely untested, and this chapter offers analysis based on theory and related research. Existing approaches to addressing stress and wellbeing can be categorized as either changing the environment or changing the people. Short-term and long-term recommendations for addressing stress in the legal system are offered.
Kathryn Hendley
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781501705243
- eISBN:
- 9781501708107
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501705243.003.0006
- Subject:
- Law, Public International Law
This chapter examines how litigants experience Russia's justice-of-the-peace courts (JP courts). The views of judges are unlikely to mirror those of litigants. For judges, the judicial process ...
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This chapter examines how litigants experience Russia's justice-of-the-peace courts (JP courts). The views of judges are unlikely to mirror those of litigants. For judges, the judicial process represents routine behavior, whereas for most litigants, it opens a Pandora's box of formal rules and informal norms that are unfamiliar and mysterious. This is particularly true for the JP courts, which handle the simplest cases. The chapter first provides an overview of access to justice in Russia before turning to legal literacy, and especially how Russians negotiate the JP courts without a lawyer. It then considers the availability and use of legal expertise by Russians, along with litigants' participation in judicial hearings as performance and their satisfaction with the JP courts. It also describes the image of JP courts and suggests that litigants' willingness to turn to the courts provides a window into the demand for law and, more generally, Russian legal culture.Less
This chapter examines how litigants experience Russia's justice-of-the-peace courts (JP courts). The views of judges are unlikely to mirror those of litigants. For judges, the judicial process represents routine behavior, whereas for most litigants, it opens a Pandora's box of formal rules and informal norms that are unfamiliar and mysterious. This is particularly true for the JP courts, which handle the simplest cases. The chapter first provides an overview of access to justice in Russia before turning to legal literacy, and especially how Russians negotiate the JP courts without a lawyer. It then considers the availability and use of legal expertise by Russians, along with litigants' participation in judicial hearings as performance and their satisfaction with the JP courts. It also describes the image of JP courts and suggests that litigants' willingness to turn to the courts provides a window into the demand for law and, more generally, Russian legal culture.
Aruna Sathanapally
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199669301
- eISBN:
- 9780191744648
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669301.003.0008
- Subject:
- Law, Human Rights and Immigration
Chapter 1 identified several rationales for leaving the task of devising human rights remedies to the legislature in the first instance, including the legislature’s superior capacity to make certain ...
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Chapter 1 identified several rationales for leaving the task of devising human rights remedies to the legislature in the first instance, including the legislature’s superior capacity to make certain remedial decisions and the potential to promote cooperation and deliberation across courts and legislatures. Chapter 7 analyses a series of specific case studies of responsive deliberation (including gender recognition and prisoner voting rights), which provide the opportunity to evaluate whether these rationales bear out in practice. It examines one promising example of a DOI being followed by a reflective deliberative process in the legislature. It also considers what disadvantages arise from relying on a legislative remedy to a human rights violation, and from taking an overly permissive approach to legislative deliberation, surfacing two problematic features of the design of DOIs.Less
Chapter 1 identified several rationales for leaving the task of devising human rights remedies to the legislature in the first instance, including the legislature’s superior capacity to make certain remedial decisions and the potential to promote cooperation and deliberation across courts and legislatures. Chapter 7 analyses a series of specific case studies of responsive deliberation (including gender recognition and prisoner voting rights), which provide the opportunity to evaluate whether these rationales bear out in practice. It examines one promising example of a DOI being followed by a reflective deliberative process in the legislature. It also considers what disadvantages arise from relying on a legislative remedy to a human rights violation, and from taking an overly permissive approach to legislative deliberation, surfacing two problematic features of the design of DOIs.
- Published in print:
- 2009
- Published Online:
- June 2013
- ISBN:
- 9780804761642
- eISBN:
- 9780804772358
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804761642.003.0006
- Subject:
- Sociology, Politics, Social Movements and Social Change
This chapter shows that the interactional order in Cantonese courtrooms is inchoate and flexible. At times, it allows litigants to bring the constitutive dispositions of everyday life into the ...
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This chapter shows that the interactional order in Cantonese courtrooms is inchoate and flexible. At times, it allows litigants to bring the constitutive dispositions of everyday life into the courtroom or to deploy storytelling practices that situate their personal experiences within local contexts. The discussion considers the social demography of the Cantonese courtrooms, bilingualism and the preservation of the common law, Cantonese in the Hong Kong legal system, and cross-examination in the Cantonese courtrooms.Less
This chapter shows that the interactional order in Cantonese courtrooms is inchoate and flexible. At times, it allows litigants to bring the constitutive dispositions of everyday life into the courtroom or to deploy storytelling practices that situate their personal experiences within local contexts. The discussion considers the social demography of the Cantonese courtrooms, bilingualism and the preservation of the common law, Cantonese in the Hong Kong legal system, and cross-examination in the Cantonese courtrooms.
- Published in print:
- 2008
- Published Online:
- June 2013
- ISBN:
- 9780804755863
- eISBN:
- 9780804779500
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804755863.003.0001
- Subject:
- Law, Legal History
This book examines what judicial modernity actually meant to the Chinese state and society—to administrative officials and judicial officers, county magistrates and their staff, civil litigants and ...
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This book examines what judicial modernity actually meant to the Chinese state and society—to administrative officials and judicial officers, county magistrates and their staff, civil litigants and criminal defendants, and elite and non-elite people in local society. It explores the impact of reform on local society and how it changed social dynamics and power relations.Less
This book examines what judicial modernity actually meant to the Chinese state and society—to administrative officials and judicial officers, county magistrates and their staff, civil litigants and criminal defendants, and elite and non-elite people in local society. It explores the impact of reform on local society and how it changed social dynamics and power relations.
Justin B. Richland
- Published in print:
- 2008
- Published Online:
- March 2013
- ISBN:
- 9780226712932
- eISBN:
- 9780226712963
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226712963.001.0001
- Subject:
- Anthropology, Social and Cultural Anthropology
This book explores language and interaction within a contemporary Native American legal system. Grounded in extensive field research on the Hopi Tribe of northeastern Arizona—on whose appellate court ...
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This book explores language and interaction within a contemporary Native American legal system. Grounded in extensive field research on the Hopi Tribe of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. However, the book shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing insights into the Hopi and English courtroom interactions through which this conflict plays out, the book argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, this analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.Less
This book explores language and interaction within a contemporary Native American legal system. Grounded in extensive field research on the Hopi Tribe of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. However, the book shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing insights into the Hopi and English courtroom interactions through which this conflict plays out, the book argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, this analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.
Michael Gagarin
- Published in print:
- 2008
- Published Online:
- May 2014
- ISBN:
- 9781904675679
- eISBN:
- 9781781380581
- Item type:
- chapter
- Publisher:
- Liverpool University Press
- DOI:
- 10.5949/liverpool/9781904675679.003.0004
- Subject:
- History, Ancient History / Archaeology
This chapter examines the oaths that were, or might be, taken by litigants in ancient Greece, and looks at proklēsis, usually translated ‘challenge’, as a common feature of Athenian forensic ...
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This chapter examines the oaths that were, or might be, taken by litigants in ancient Greece, and looks at proklēsis, usually translated ‘challenge’, as a common feature of Athenian forensic pleadings. It also discusses oath-offers by making a distinction between a litigant's proposal for a supporter or a third party to swear an oath and a proposal for the opponent or a supporter of the opponent to swear an oath. In addition, the chapter considers oath-offers in epic poetry, focusing on Homer's Iliad, Odyssey, and Hymn to Hermes.Less
This chapter examines the oaths that were, or might be, taken by litigants in ancient Greece, and looks at proklēsis, usually translated ‘challenge’, as a common feature of Athenian forensic pleadings. It also discusses oath-offers by making a distinction between a litigant's proposal for a supporter or a third party to swear an oath and a proposal for the opponent or a supporter of the opponent to swear an oath. In addition, the chapter considers oath-offers in epic poetry, focusing on Homer's Iliad, Odyssey, and Hymn to Hermes.
