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Author: Eric T. Kasper Publisher: Lexington Books ISBN: 0739177222 Category : Political Science Languages : en Pages : 232
Book Description
This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.
Author: Eric T. Kasper Publisher: Lexington Books ISBN: 0739177222 Category : Political Science Languages : en Pages : 232
Book Description
This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.
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: John Kleinig Publisher: Cambridge University Press ISBN: 9780521864206 Category : Philosophy Languages : en Pages : 294
Book Description
This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens.
Author: Shane O'Neill Publisher: State University of New York Press ISBN: 1438415133 Category : Political Science Languages : en Pages : 312
Book Description
In this book, Shane O'Neill argues that the theory of justice must take seriously two dimensions of pluralism in the modern world. While it must acknowledge the plurality of individual conceptions of the good that is characteristic of every modern society, it must also reckon with the plurality of historically unique, culturally specific, political societies. O'Neill offers a distinctive perspective on an extremely significant current debate about universalism and particularism in political philosophy. Justice, he maintains, must be understood both in terms of an impartial point of view that respects differing conceptions of the good and in relation to the particular contexts in which disputes about norms and principles arise. Liberals, most notably John Rawls, have tended to privilege the former aspect of justice, while communitarians, especially Michael Walzer, have stressed the latter. O'Neill shows how Habermas's discourse ethics can overcome the limitations of these alternatives by providing theoretical tools that allow us to ground impartiality in particular contexts. This position is developed through an exploration of the complementary roles of moral and ethical discourses and an application of the theory to the political conflict in Northern Ireland. This careful and detailed philosophical argument offers a valuable critical introduction to a range of important topics, including the communitarian critique of liberalism, feminist perspectives on justice, the interpretive turn in political philosophy, the theory of communicative action, the dynamics of a discursive democracy, and the politics of recognition.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: GERRY. CROSS Publisher: ISBN: Category : Languages : en Pages :
Book Description
Some writers appear to believe that a theory of justice must somehow pick people up by the scruff of the neck and force them to behave justly, regardless of their beliefs or inclinations. This is an absurd demand. (B. Barry, Justice as Impartiality).
Author: John RAWLS Publisher: Harvard University Press ISBN: 0674042603 Category : Philosophy Languages : en Pages : 624
Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Thomas Sowell Publisher: Simon and Schuster ISBN: 0743215079 Category : Political Science Languages : en Pages : 225
Book Description
This book is about the great moral issues underlying many of the headline-making political controversies of our times. It is not a comforting book but a book about disturbing and dangerous trends. The Quest for Cosmic Justice shows how confused conceptions of justice end up promoting injustice, how confused conceptions of equality end up promoting inequality, and how the tyranny of social visions prevents many people from confronting the actual consequences of their own beliefs and policies. Those consequences include the steady and dangerous erosion of fundamental principles of freedom -- amounting to a quiet repeal of the American revolution. The Quest for Cosmic Justice is the summation of a lifetime of study and thought about where we as a society are headed -- and why we need to change course before we do irretrievable damage.
Author: Eric T. Kasper
Author: Eric T. Kasper
Author: Richard A. Posner
Author: American Bar Association
Author: John Kleinig
Author: Shane O'Neill
Author: William Dodwell
Author: American Bar Association. House of Delegates
Author: GERRY. CROSS
Author: John RAWLS
Author: Thomas Sowell