More Justice, Less Law PDF Download

Author: John Pendleton
Publisher:
ISBN:
Category : Justice
Languages : en
Pages : 18

View

Book Description

Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198

View

Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Author: Faith Gordon
Publisher: Routledge
ISBN: 1000367304
Category : Law
Languages : en
Pages : 266

View

Book Description
This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

Author: Deborah L. Rhode
Publisher: Oxford University Press
ISBN: 0190286660
Category : Law
Languages : en
Pages : 272

View

Book Description
"Equal Justice Under Law" is one of America's most proudly proclaimed and widely violated legal principles. But it comes nowhere close to describing the legal system in practice. Millions of Americans lack any access to justice, let alone equal access. Worse, the increasing centrality of law in American life and its growing complexity has made access to legal assistance critical for all citizens. Yet according to most estimates about four-fifths of the legal needs of the poor, and two- to three-fifths of the needs of middle-income individuals remain unmet. This book reveals the inequities of legal assistance in America, from the lack of access to educational services and health benefits to gross injustices in the criminal defense system. It proposes a specific agenda for change, offering tangible reforms for coordinating comprehensive systems for the delivery of legal services, maximizing individual's opportunities to represent themselves, and making effective legal services more affordable for all Americans who need them.

Author: Steven P. Croley
Publisher: NYU Press
ISBN: 1479811971
Category : Law
Languages : en
Pages : 297

View

Book Description
Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Author: Michael Huemer
Publisher: Springer Nature
ISBN: 3030675432
Category : Philosophy
Languages : en
Pages : 375

View

Book Description
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.

Author: William H. Simon
Publisher: Harvard University Press
ISBN: 0674043669
Category : Law
Languages : en
Pages : 264

View

Book Description
Should a lawyer keep a client's secret even when disclosure would exculpate a person wrongly accused of crime? The Practice of Justice is a fresh look at this and other traditional questions about the ethics of lawyering.

Author: Irvine H. Rutledge
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 122

View

Book Description

Author: Irvin Waller
Publisher: Bloomsbury Publishing USA
ISBN: 0313081387
Category : Law
Languages : en
Pages : 177

View

Book Description
Each year 24 million Americans are victims of crime. U.S. taxpayers spend more and more each year on police, prisons and judges—a record $200 billion at last count. They incarcerate more and more persons each year—two million plus. Yet prestigious commissions show not only that this standard way of responding to crime is ineffective but that there is scientific proof that many projects that tackle risk factors that cause crime are effective. Rather than sending more people to jail or hiring more and more police, the author, and the research, shows that addressing problems in the community does more to prevent crime. This timely book illustrates in convincing detail what needs to be done to prevent crime and keep people out of prison. Here, Waller shows that hiring public health nurses and investing in helping youth at risk to complete school and get job training is better than hiring more police; preventing family violence, banning hand guns and dealing with drugs through public health saves more lives than incarceration; getting close neighbors to watch out for us and better industrial design are more effective than criminal courts; smarter policing is better than more police; paying for services to support victims and guaranteeing them rights is better than more rhetoric. Addressing the social issues that lead to crime, rather than addressing crime after it happens, or putting stiffer penalties in place, will contribute to creating a safer society and to keeping kids and adults from taking the wrong path toward a life of crime.

Author: Aziz Z. Huq
Publisher: Oxford University Press
ISBN: 0197556817
Category : LAW
Languages : en
Pages : 193

View

Book Description
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--