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Author: Wallace D. Loh
Publisher: Russell Sage Foundation
ISBN: 9781610443678
Category : Social Science
Languages : en
Pages : 816
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Book Description
"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
Author: Wallace D. Loh
Publisher: Russell Sage Foundation
ISBN: 9781610443678
Category : Social Science
Languages : en
Pages : 816
Get Book Here
Book Description
"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 218
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Book Description
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 426
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Book Description
Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 192
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Book Description
Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 180
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Book Description
Author: Lawrence M. Friedmann
Publisher: Vs Verlag Fur Sozialwissenschaften
ISBN:
Category : Law
Languages : de
Pages : 436
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Book Description
Revised papers in English or German, with respective summaries in German or English, of a conference held Sept. 24-28, 1973 at the Zentrum feur Interdisziplineare Forschung of the Universiteat Bielefeld.
Author: Benjamin N. Cardozo
Publisher: Wildside Press LLC
ISBN: 9781434416285
Category : Law
Languages : en
Pages : 76
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Book Description
This volume collects the four Storrs Lectures Delivered at Yale University by Benjamin N. Cardozo. Included are "The Method of Philosophy," "The Methods of History, Tradition and Sociology," "The Method of Sociology. The Judge as a Legislator," and "Adherence to Precedent. The Subconscious Element in the Judicial Process.' Includes numerous notes on the lectures.
Author: Donald Black
Publisher: Oxford University Press, USA
ISBN: 9780195085587
Category : Language Arts & Disciplines
Languages : en
Pages : 179
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Book Description
That discrimination exists in courts of law is beyond dispute. In American murder cases, for instance, studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed, in Georgia, they are 30 times more likely to be condemned, and in Texas a staggering 90 times more likely. Conversely, in Texas, of 143 whites convicted of killing a black, only one was sentenced to die. But how extensive is discrimination in the courtroom? Is it strictly a matter of racial prejudice, or does it respond to a wide range of social factors? In Sociological Justice, eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law, he contends, is a social process in which bias is inherent. Indeed, Black goes well beyond the documented instances of racial discrimination to show how social status (regardless of race), the degree of intimacy (are they family members, friends, or complete strangers?), speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society.
Author: Charles Meyer Hardin
Publisher:
ISBN:
Category :
Languages : en
Pages : 344
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Book Description
Author: Benjamin N. Cardozo
Publisher: Book Jungle
ISBN: 9781438528168
Category : Fiction
Languages : en
Pages : 186
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Book Description
This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: "The Method of Philosophy" "The Methods of History, Tradition and Sociology" "The Method of Sociology, and the Judge as a Legislator" "Adherence to Precedent, and the Subconscious Element in the Judicial Process"
