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Author: Matthew Tokson Publisher: ISBN: Category : Languages : en Pages : 73
Book Description
Conventional models of judicial behavior assume that, barring extraordinary circumstances, lower courts will comply with changes in governing law. The few studies that have examined judicial compliance with higher court decisions have concluded that judges quickly adopt even controversial new doctrines. This Article challenges these conventional accounts of judicial compliance. It presents several surprising examples of widespread and persistent judicial defiance of new doctrines. Judges often apply old, overturned laws instead of new laws - and they do so in observable and predictable ways. For instance, this phenomenon is especially common when a low-decision-cost regime is replaced with a high-decision-cost regime, as when an old rule is changed to a new standard. This Article posits that judges are influenced by biases and incentives that can cause them to strongly prefer familiar laws to unfamiliar ones and simple laws to complex ones. These preferences shape judicial behavior and can engender overt noncompliance with new laws. This Article proposes a new model of judicial compliance and demonstrates how the model can successfully predict future judicial behavior. It then suggests ways of reducing judicial resistance to legal change. The Article's theoretical and empirical findings can also shed light on current legal debates, including broader debates about the efficacy of court-driven social change.
Author: Matthew Tokson Publisher: ISBN: Category : Languages : en Pages : 73
Book Description
Conventional models of judicial behavior assume that, barring extraordinary circumstances, lower courts will comply with changes in governing law. The few studies that have examined judicial compliance with higher court decisions have concluded that judges quickly adopt even controversial new doctrines. This Article challenges these conventional accounts of judicial compliance. It presents several surprising examples of widespread and persistent judicial defiance of new doctrines. Judges often apply old, overturned laws instead of new laws - and they do so in observable and predictable ways. For instance, this phenomenon is especially common when a low-decision-cost regime is replaced with a high-decision-cost regime, as when an old rule is changed to a new standard. This Article posits that judges are influenced by biases and incentives that can cause them to strongly prefer familiar laws to unfamiliar ones and simple laws to complex ones. These preferences shape judicial behavior and can engender overt noncompliance with new laws. This Article proposes a new model of judicial compliance and demonstrates how the model can successfully predict future judicial behavior. It then suggests ways of reducing judicial resistance to legal change. The Article's theoretical and empirical findings can also shed light on current legal debates, including broader debates about the efficacy of court-driven social change.
Author: Edwin Lemert Publisher: Routledge ISBN: 1351480391 Category : Law Languages : en Pages : 320
Book Description
This volume is based on a detailed analysis of change in the law and in the administration of justice affecting juvenile off enders in California in the fifties and sixties. It addresses how procedural law develops on a long-term basis and under what conditions. It also examines the processes by which revolutionary changes occur in law and the extent to which social change can be directed or controlled by legislation. Social action to revise California's juvenile court law, which had remained little changed since 1915, began in 1958. Subsequently a small group of legal reformers who perceived anomalies in the law and in the underlying philosophy of the court overcame substantial resistance to effect revolutionary revisions of the law. Lemert examines their experience to determine how changes of such magnitude could take place after decades of gradual adaptations in the juvenile courts. His study also looks into the consequences of this change on the court and related agencies of law enforcement. The author sets forth a socio-legal theory of change-a conception of paradigms, normal evolution, and revolution in law. He applies this theory to data, with special attention to the resistance to legal change and the processes by which it gives way to the adaptive process of normal law. Lemert discusses the substantive aspects of juvenile law as it relates to human affect and meaning, touching on the existential elements of justice. Professionals dealing with juveniles, legal scholars, sociologists, and political scientists will find this book, with its emphasis on how to achieve more equitable administration of juvenile justice, has much to contribute to our understanding of the dynamics of social change.
Author: Dorothy E. Chunn Publisher: UBC Press ISBN: 0774840366 Category : Law Languages : en Pages : 320
Book Description
In this timely volume, contributors from various disciplines analyze reaction and resistance to feminism in several areas of law and policy � child custody, child poverty, sexual harassment, and sexual assault � and in a number of institutional sites, such as courts, legislatures, families, the mainstream media, and the academy. Collectively, their studies paint a complicated, often contradictory, picture of feminism, law, and social change, offering feminists and activists empirically grounded knowledge to develop legal and political strategies for change.
Author: Susan U. Philips Publisher: Oxford University Press ISBN: 0195354427 Category : Language Arts & Disciplines Languages : en Pages : 224
Book Description
A study that will appeal to any reader interested in the relationship between our language and our laws, Ideology in the Language of Judges focuses on the way judges take guilty pleas from criminal defendants and on the judges' views of their own courtroom behavior. This book argues that variation in the discourse structure of the guilty pleas can best be understood as enactments of the judges' differing interpretations of due process law and the proper role of the judge in the courtroom. Susan Philips demonstrates how legal and professional ideologies are expressed differently in interviews and socially occurring speech, and reveals how bounded written and spoken genres of legal discourse play a role in containing and ordering ideological diversity in language use. She also shows how the ideological struggles in a given courtroom are central yet largely hidden or denied. Such findings will contribute significantly to the study of how speakers create realities through their use of language.
Author: Susan Ehrlich Martin Publisher: SAGE ISBN: 1452236666 Category : Social Science Languages : en Pages : 297
Book Description
"Martin and Jurik provide a clear body of evidence illuminating the gendered nature of criminal justice occupations. Of the multitude of feminist works on this topic, this is one of the best analyses available." —CRIMINAL JUSTICE REVIEW Doing Justice, Doing Gender: Women in Legal and Criminal Justice Occupations is a highly readable, sociologically grounded analysis of women working in traditionally male dominant justice occupations of law, policing, and corrections. This Second Edition represents not only a thorough update of research on women in these fields, but a careful reconsideration of changes in justice organizations and occupations and their impact on women′s justice work roles over the past 40 years. New to the Second Edition: Introduces a wider range of workplace diversity and experiences: An expanded sociological theoretical framework grasps the interplay of gender, race, ethnicity, and sexual orientation in understanding workplace identities and inequities. Provides a better understanding of the centrality of gender issues to understanding the legal and criminal justice system in general: This edition further connects women′s work experiences to social trends and consequent changes in legal system and in criminal justice agencies. Offers a more international perspective: More material is included on women lawyers, police, and correctional officers in countries outside the U.S. Intended Audience: This is an excellent supplemental text for advanced undergraduate and graduate courses such as Gender & Work; Women and Work; Sociology of Work and Occupations; Women and the Criminal Justice System; and Gender Justice in the departments of Sociology, Criminal Justice, Women′s Studies, and Social Work.
Author: Eyal Zamir Publisher: Oxford University Press ISBN: 0190901373 Category : Law Languages : en Pages : 641
Book Description
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Author: Antonia Baraggia Publisher: Edward Elgar Publishing ISBN: 1788975278 Category : Law Languages : en Pages : 272
Book Description
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Author: Neil Chisholm Publisher: Routledge ISBN: 1135008280 Category : Social Science Languages : en Pages : 453
Book Description
This book examines Taiwan’s judicial reform process, which began three years after the 1996 transition to democracy, in 1999, when Taiwanese legal and political leaders began discussing how to reform Taiwan’s judicial system to meet the needs of the new social and political conditions. Covering different areas of the law in a comprehensive way, the book considers, for each legal area, problems related to rights and democracy in that field, the debates over reform, how foreign systems inspired reform proposals, the political process of change, and the substantive legal changes that ultimately emerged. The book also sets Taiwan’s legal reforms in their historical and comparative context, and discusses how the reform process continues to evolve.
Author: William Schabas Publisher: ISBN: 9781782547778 Category : International courts Languages : en Pages : 0
Book Description
Beginning about a century ago, but with a dramatic acceleration of the process in the final decades of the 1900s, international courts and tribunals have taken a prominent place in the enforcement of international law, the maintenance of international peace and security and the protection and promotion of human rights. This book addresses the great diversity of these institutions, their structures and legal frameworks and their contribution to the international rule of law.
Author: Michael McCann Publisher: Routledge ISBN: 1351560743 Category : History Languages : en Pages : 663
Book Description
The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to grouplegal mobilization politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research incause lawyering. It brings together the best of this research introduced by a detailed essay by the editor.
Author: Matthew Tokson
Author: Matthew Tokson
Author: Edwin Lemert
Author: Dorothy E. Chunn
Author: Susan U. Philips
Author: Susan Ehrlich Martin
Author: Eyal Zamir
Author: Antonia Baraggia
Author: Neil Chisholm
Author: William Schabas
Author: Michael McCann