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Author: Gabrielle Appleby
Publisher: Cambridge University Press
ISBN: 1108494617
Category : Law
Languages : en
Pages : 341
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Book Description
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author: Gabrielle Appleby
Publisher: Cambridge University Press
ISBN: 1108494617
Category : Law
Languages : en
Pages : 341
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Book Description
Revealing analysis of how judges work as individuals and collectively to uphold judicial values in the face of contemporary challenges.
Author: Tania Sourdin
Publisher: Edward Elgar Publishing
ISBN: 1788978269
Category : Law
Languages : en
Pages : 321
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Book Description
New and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.
Author: Lawrence Baum
Publisher: Princeton University Press
ISBN: 140082754X
Category : Law
Languages : en
Pages : 246
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Book Description
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.
Author: Joe McIntyre
Publisher: Springer Nature
ISBN: 981329115X
Category : Law
Languages : en
Pages : 304
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Book Description
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Author: Richard Neely
Publisher: Yale University Press
ISBN: 9780300029802
Category : History
Languages : en
Pages : 256
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Book Description
Law and Political Science. A witty defense of judicial activism.--National Review. Must reading for any student of government.--Washington Monthly
Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 0674070682
Category : Law
Languages : en
Pages : 491
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Book Description
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
Author: Judicial Conference of the United States
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 60
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Book Description
Author: American Bar Association
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 424
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Book Description
Author: David Neuberger
Publisher: Haus Publishing
ISBN: 1912208245
Category : Law
Languages : en
Pages : 55
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Book Description
To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
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Book Description
