Laypeople in Law

Laypeople in Law PDF Author: Andrea Kretschmann
Publisher: Taylor & Francis
ISBN: 1040041973
Category : Law
Languages : en
Pages : 194

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Book Description
This book contributes to a better understanding of the role laypeople hold in the social functioning of law. It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory. This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.

Laypeople in Law

Laypeople in Law PDF Author: Andrea Kretschmann
Publisher: Taylor & Francis
ISBN: 1040041973
Category : Law
Languages : en
Pages : 194

Get Book Here

Book Description
This book contributes to a better understanding of the role laypeople hold in the social functioning of law. It adopts the scholarly insight that the law is unthinkable without an everyday legal understanding of the law pursued by laypeople. It engages with the assumption that not only the law’s existence but also its development is shaped by the layperson’s affirmations, oppositions, ignorance, or negations of the law. This volume thus aims to fill a void in socio-legal studies. Whereas many sociolegal theories tend to conceptualize the law through legal experts’ actions, institutions, procedures, and codifications, it argues that such a viewpoint underestimates the role of laypeople in the law’s processing and advocates for a strengthened conceptual place in socio-legal theory. This book will appeal to socio-legal scholars and sociologists (of law), as well as to legal practitioners and laypersons themselves.

Juries, Lay Judges, and Mixed Courts

Juries, Lay Judges, and Mixed Courts PDF Author: Sanja Kutnjak Ivković
Publisher: Cambridge University Press
ISBN: 110892297X
Category : Law
Languages : en
Pages : 380

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Book Description
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

The Machinery of Criminal Justice

The Machinery of Criminal Justice PDF Author: Stephanos Bibas
Publisher: Oxford University Press
ISBN: 0190236760
Category : Law
Languages : en
Pages : 320

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Book Description
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Injustice in Person

Injustice in Person PDF Author: Rabeea Assy
Publisher: Oxford University Press, USA
ISBN: 0199687447
Category : Law
Languages : en
Pages : 273

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Book Description
The right to litigate in person is fiercely protected in common law jurisdictions, but litigants in person nonetheless pose serious challenges to the administration of justice. By examining the theoretical underpinnings of the right to self-representation, this book provides a new perspective in the debate over access to justice.

Democracy in the Courts

Democracy in the Courts PDF Author: Marijke Malsch
Publisher: Routledge
ISBN: 1317153073
Category : Law
Languages : en
Pages : 248

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Book Description
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.

You Have the Right to Remain Innocent

You Have the Right to Remain Innocent PDF Author: James J. Duane
Publisher: Little a
ISBN: 9781503933392
Category : POLITICAL SCIENCE
Languages : en
Pages : 0

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Book Description
An urgent, compact manifesto that will teach you how to protect your rights, your freedom, and your future when talking to police. Law professor James J. Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police--especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen's constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it's also the advice law-enforcement professionals give their own kids. Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.

The Imagined Juror

The Imagined Juror PDF Author: Anna Offit
Publisher: NYU Press
ISBN: 1479808539
Category : Law
Languages : en
Pages : 192

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Book Description
Based on author's thesis (doctoral - Princeton University, 2018) issued under title: Making the case for jurors: an ethnographic study of U.S. prosecutors.

The Bonfire of the Vanities

The Bonfire of the Vanities PDF Author: Tom Wolfe
Publisher: Farrar, Straus and Giroux
ISBN: 1429960566
Category : Fiction
Languages : en
Pages : 708

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Book Description
Vintage Tom Wolfe, The Bonfire of the Vanities, the #1 bestseller that will forever define late-twentieth-century New York style. "No one has portrayed New York Society this accurately and devastatingly since Edith Wharton" (The National Review) “A page-turner . . . Brilliant high comedy.” (The New Republic) Sherman McCoy, the central figure of Tom Wolfe's first novel, is a young investment banker with a fourteen-room apartment in Manhattan. When he is involved in a freak accident in the Bronx, prosecutors, politicians, the press, the police, the clergy, and assorted hustlers high and low close in on him, licking their chops and giving us a gargantuan helping of the human comedy, of New York in the 1980s, a city boiling over with racial and ethnic hostilities and burning with the itch to Grab It Now. Wolfe's novel is a big, panoramic story of the metropolis that reinforces the author's reputation as the foremost chronicler of the way we live in America. Adapted to film in 1990 by director Brian De Palma, the movie stars Tom Hanks, Bruce Willis, Melanie Griffith, and Morgan Freeman.

Epictetus and Laypeople

Epictetus and Laypeople PDF Author: Erlend D. MacGillivray
Publisher: Lexington Books
ISBN: 9781793618238
Category : History
Languages : en
Pages : 254

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Book Description
This book is the first study to explore an ancient philosopher's attitude towards the vast majority of society, who had no knowledge or affiliation with philosophy--namely laypeople. It reveals that Epictetus held a sophisticated viewpoint regarding laypeople and envisaged means for lay reform outside of philosophical study.

Fair Reflection of Society in Judicial Systems - A Comparative Study

Fair Reflection of Society in Judicial Systems - A Comparative Study PDF Author: Sophie Turenne
Publisher: Springer
ISBN: 3319184857
Category : Law
Languages : en
Pages : 240

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Book Description
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.