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Author: Bray A. Skaggs Publisher: ISBN: Category : Languages : en Pages : 40
Book Description
Can lay people serve as judges in ecclesiastical tribunals? For a large portion of the Church's history, the answer has been a firm "No!" In the last century, however, things have begun to change. While the 1917 Code and the Church's teachings prior to it, except in rare and rarely seen circumstances, forbade lay people from assuming the role of judge, Pope Paul VI's Causas matrimoniales flipped centuries of law on its head by allowing a single lay man, vir laicus, to be appointed to a collegiate tribunal for a marriage nullity case, without express permission from the Holy See. Issued in 1971, it gave those who supported the common use of lay judges a new leg to stand on in the debates after the Second Vatican Council. It also opened new possibilities for those who were working on the revision of the Code of Canon Law. When the current Code was promulgated in 1983, the canons essentially forbidding anyone but clerics from holding the office of judge had been abrogated. In their place was a new canon, which allowed not just lay men to hold the office, but lay women as well and to exercise it not only in marriage nullity cases but in other cases as well. What resulted was an unprecedented ability of lay people to hold offices within the collegiate tribunal system.
Author: Bray A. Skaggs Publisher: ISBN: Category : Languages : en Pages : 40
Book Description
Can lay people serve as judges in ecclesiastical tribunals? For a large portion of the Church's history, the answer has been a firm "No!" In the last century, however, things have begun to change. While the 1917 Code and the Church's teachings prior to it, except in rare and rarely seen circumstances, forbade lay people from assuming the role of judge, Pope Paul VI's Causas matrimoniales flipped centuries of law on its head by allowing a single lay man, vir laicus, to be appointed to a collegiate tribunal for a marriage nullity case, without express permission from the Holy See. Issued in 1971, it gave those who supported the common use of lay judges a new leg to stand on in the debates after the Second Vatican Council. It also opened new possibilities for those who were working on the revision of the Code of Canon Law. When the current Code was promulgated in 1983, the canons essentially forbidding anyone but clerics from holding the office of judge had been abrogated. In their place was a new canon, which allowed not just lay men to hold the office, but lay women as well and to exercise it not only in marriage nullity cases but in other cases as well. What resulted was an unprecedented ability of lay people to hold offices within the collegiate tribunal system.
Author: John Philip Dawson Publisher: The Lawbook Exchange, Ltd. ISBN: 1886363692 Category : Law Languages : en Pages : 320
Book Description
Dawson, John P. A History of Lay Judges. Cambridge, Mass.: Harvard University Press, 1960. viii, [2], 310 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50812. ISBN 1-886363-69-2. Cloth. $75. * An analysis of the divergent legal systems in England, France, Germany and Rome showing the relationship of the courts to the community, the legal structure and political organizations. The work examines the evolution of medieval French and German courts from the Roman canonist system. This study also explores the role of the local courts in England and examines in detail the workings and influence of a typical manor court, Redgrave, in Suffolk, England, (which was owned by Sir Nicholas Bacon, the father of Sir Francis Bacon) for the period up to 1711. Extensive notes, indexed. Scholars interested in the roots of the modern political structures in Europe will find this work of supreme benefit.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 0674033833 Category : Law Languages : en Pages : 399
Book Description
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author: Charles F. Hobson Publisher: ISBN: Category : Biography & Autobiography Languages : en Pages : 278
Book Description
"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Darryl K. Brown Publisher: Oxford University Press ISBN: 0190659866 Category : Law Languages : en Pages : 952
Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author: Publisher: BRILL ISBN: 9047413717 Category : Law Languages : en Pages : 321
Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author: Bray A. Skaggs
Author: Bray A. Skaggs
Author: John P. Dawson
Author: John Philip Dawson
Author: John Philip Dawson
Author: Richard A. Posner
Author: Charles F. Hobson
Author: Darryl K. Brown
Author: 
Author: Manfred Lachs
Author: Dwight Loomis