Structures of Judicial Decision-making from Legal Formalism to Critical Theory PDF Download
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Author: Roy Lavon Brooks
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 368
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Book Description
Author: Roy Lavon Brooks
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 368
Get Book Here
Book Description
Author: Roy Lavon Brooks
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 406
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Book Description
To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Author: Roy L. Brooks
Publisher: Cambridge University Press
ISBN: 1108341411
Category : Law
Languages : en
Pages : 657
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Book Description
The US Supreme Court's legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both 'insiders' (straight white males) and 'outsiders' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court's legitimacy problem, which is one of process. The Court's process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.
Author: Emily M. Calhoun
Publisher: Oxford University Press
ISBN: 0195399749
Category : Law
Languages : en
Pages : 185
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Book Description
Constitutional 'losers' represent a thorny and longstanding problem in American constitutional law. Here, Emily Calhoun draws upon conflict resolution theory, political theory, and Habermasian discourse theory to argue that in such cases, the Court must work harder to avoid inflicting unnecessary harm on Constitutional losers.
Author: W. Wat Hopkins
Publisher: Routledge
ISBN: 1351225367
Category : Social Science
Languages : en
Pages : 297
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Book Description
The need to protect free speech on matters of governing importance--more than any other element of government--is the defining factor of a free society. Nowhere in the law is that prospect more clearly explained than in the opinion in Times v. Sullivan. This special issue provides an example of the breadth and scope of Times v. Sullivan and the ways in which the case continues to impact the jurisprudence of free expression. It is introduced by two essays designed to provide an overview of the case, providing insights into the origins of the dispute the Court was called upon to settle. The next four articles are testimony to breadth the opinion in this case, particularly dealing with aspects not often considered. Combined, they all demonstrate the lasting significance of what may be the most important free expression case the Court has delivered.
Author: Elazar Barkan
Publisher: Stanford University Press
ISBN: 9780804752251
Category : Political Science
Languages : en
Pages : 354
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Book Description
This multi-disciplinary collection examines the recent wave of political apologies for acts of past injustice.
Author: Ayelet Hoffmann Libson
Publisher: Cambridge University Press
ISBN: 1108655971
Category : Religion
Languages : en
Pages : 230
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Book Description
This book examines the emergence of self-knowledge as a determining legal consideration among the rabbis of Late Antiquity, from the third to the seventh centuries CE. Based on close readings of rabbinic texts from Palestine and Babylonia, Ayelet Hoffmann Libson highlights a unique and surprising development in Talmudic jurisprudence, whereby legal decision-making incorporated personal and subjective information. She examines the central legal role accorded to individuals' knowledge of their bodies and mental states in areas of law as diverse as purity laws, family law and the laws of Sabbath. By focusing on subjectivity and self-reflection, the Babylonian rabbis transformed earlier legal practices in a way that cohered with the cultural concerns of other religious groups in Late Antiquity. They developed sophisticated ideas about the inner self and incorporated these notions into their distinctive discourse of law.
Author: Brooke Coleman
Publisher: NYU Press
ISBN: 1479805971
Category : Law
Languages : en
Pages : 280
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Book Description
Shines a light on the ways in which civil procedure may privilege—or silence—voices in our justice system In today’s increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession. A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
Author: Minyu Zheng
Publisher: Edward Elgar Publishing
ISBN: 1035338378
Category : Law
Languages : en
Pages : 187
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Book Description
In this incisive book, Minyu Zheng examines the various legal responses to unjustified threats of patent infringement. Employing a comparative, jurisdiction-based analysis, Zheng investigates whether the unjustified nature of such threats originates from the inaccuracy of the infringing accusation, or the inappropriateness of issuing threats. In particular, Zheng reveals how to resolve threats which are issued in an undue way but contain a correct allegation of patent infringement.
Author: George Ulrich
Publisher: BRILL
ISBN: 9004208208
Category : Law
Languages : en
Pages : 459
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Book Description
The present edition of the Human Rights in Development Yearbook is the thirteenth edition in this series. With this volume, the yearbook’s formal structure has shifted from that of a journal to a thematic anthology. The theme of this year’s volume is “Reparations: Redressing Past Wrongs”. The articles contained in the publication primarily stem from contributions prepared for a conference entitled “The Right to Compensation and Related Remedies for Racial Discrimination” that was hosted by the Danish Centre for Human Rights in April 2001. The conference was organised in anticipation of the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which was held in Durban in September 2001. The publication consists of 15 articles divided into four main parts addressing the subjects of “Reparations at the National and Regional Levels”, “Precedence and Standing of International Law”, “The Moral and Social Aspects of Reparation” and “Reflections”. Human Rights in Development is the result of a joint research project born out of longstanding co-operation between the following research institutes and centres for human rights: the Christian Michelsen Institute, Bergen; the Danish Centre for Human Rights, Copenhagen; the Icelandic Human Rights Centre, Reykjavik; the Ludwig Boltzmann Institute of Human Rights, Vienna; the International Centre for Human Rights and Democratic Development, Montreal; the Netherlands Institute of Human Rights, Utrecht; the Norwegian Institute of Human Rights, Oslo; the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund and Åbo Academy University, Åbo.
