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This book provides a path-breaking, interdisciplinary collection of essays by leading scholars on the contentious issues of judicial independence and federal judicial selection.
Judicial process --- Judicial power --- Judges --- Courts --- Processus judiciaire --- Pouvoir judiciaire --- Juges --- Tribunaux --- Judges - United States. --- Judicial power - United States. --- Judicial process - United States. --- Law - U.S. --- Law, Politics & Government --- Law - U.S. - General
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Judicial process --- Processus judiciaire --- United States. --- Etats-Unis. --- -United States. Supreme Court --- -Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Law --- Procedure (Law) --- Psychological aspects --- Interpretation and construction --- United States. Supreme Court --- Judicial process - United States --- Supreme Court of the United States
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Local government --- Social institutions --- Social structure --- Urban policy --- Autonomy --- Judicial process --- Law and legislation --- Autonomy. --- Interpretation and construction. --- Interpretation and construction --- Local government - United States --- Social institutions - United States --- Social structure - United States --- Urban policy - United States --- Judicial process - United States --- Local government - Law and legislation - United States
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Ordinary Americans often bring family and neighborhood problems to court, seeking justice or revenge. The litigants in these local squabbles encounter law at its boundaries in the corridors of busy city courthouses, in the offices of court clerks, and in the church parlors used by mediation programs.
"Getting Justice and Getting Even" concerns the legal consciousness of working class Americans and their experiences with court and mediation. Following cases into and through the courts, Sally Engle Merry provides an ethnographic study of local law and of the people who use it in a New England city. The litigants, primarily white, native-born, and working class, go to court because as part of mainstream America they feel entitled to use its legal system. Although neither powerful nor highly educated, they expect the law's support when they face intolerable infringements of their rights, privacy, and safety. Yet as personal problems enter the legal system and move through mediation sessions, clerk's hearings, and prosecutor's conferences, the citizen plaintiff rapidly loses control of the process. Court officials and mediators interpret and characterize the meaning of these experiences, reframing and categorizing them in different discourses. Some plaintiffs yield to these interpretations, but others resist, struggling to assert their own version of the problem.
Ultimately, Merry exposes the paradox of legal entitlement. While going to court allows an individual to dominate domestic relationships, the litigant must increasingly yield control of the situation to the court that supplies that power.
Law --- Judicial process --- Dispute resolution (Law) --- Sociological jurisprudence --- Cases --- Sociological jurisprudence. --- Processus judiciaire --- Socialisation juridique --- Règlement de conflits --- Cases. --- Social stratification --- Sociology of law --- Law - United States --- Judicial process - United States --- Dispute resolution (Law) - United States --- Law - New England - Cases --- Règlement de conflits
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Why do self-proclaimed constitutional “originalists” so regularly reach decisions with a politically conservative valence? Do “living constitutionalists” claim a license to reach whatever results they prefer, without regard to the Constitution’s language and history? In confronting these questions, Richard H. Fallon reframes and ultimately transcends familiar debates about constitutional law, constitutional theory, and judicial legitimacy. Drawing from ideas in legal scholarship, philosophy, and political science, Fallon presents a theory of judicial legitimacy based on an ideal of good faith in constitutional argumentation. Good faith demands that the Justices base their decisions only on legal arguments that they genuinely believe to be valid and are prepared to apply to similar future cases. Originalists are correct about this much. But good faith does not forbid the Justices to refine and adjust their interpretive theories in response to the novel challenges that new cases present. Fallon argues that theories of constitutional interpretation should be works in progress, not rigid formulas laid down in advance of the unforeseeable challenges that life and experience generate. Law and Legitimacy in the Supreme Court offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Fallon’s account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.
Political questions and judicial power --- Judicial process --- Constitutional law --- United States. --- Politique et pouvoir judiciaire --- Processus judiciaire --- Droit constitutionnel --- États-Unis. --- Political questions and judicial power - United States. --- Judicial process - United States. --- Constitutional law - United States. --- Etats-Unis --- Cynical realism (Law)
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Psychology and law --- Psychology --- Criminal psychology --- Judicial process --- Law --- Psychology, Forensic --- Psychological aspects --- 343.9 --- -Law --- -Psychology, Forensic --- Juridical psychology --- Juristic psychology --- Legal psychology --- Forensic sciences --- Psychology, Applied --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Criminal psychiatry --- Criminals --- Psychology, Criminal --- Criminal anthropology --- Psychology, Pathological --- Criminologie --(algemeen) --- Interpretation and construction --- Criminal psychology. --- Forensic psychology. --- Psychological aspects. --- 343.9 Criminologie --(algemeen) --- Forensic psychology --- Psychology, Juridical --- Psychology, Juristic --- Psychology, Legal --- Therapeutic jurisprudence --- Judicial process - United States --- Law - Psychological aspects
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Public law. Constitutional law --- Legal theory and methods. Philosophy of law --- Law of civil procedure --- Judicial process --- Law --- Processus judiciaire --- Droit --- Language --- Langage --- United States --- Constitutional law --- Interpretation and construction --- -Law --- -Constitutional law --- -#SBIB:309H270 --- 347.9 --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Decision making, Judicial --- Judicial behavior --- Judicial decision making --- Judges --- Procedure (Law) --- Politieke communicatie: algemene werken --- Gerechtelijk privaatrecht. Burgerlijk procesrecht. Burgerlijke rechtsvordering. --- Psychological aspects --- Language. --- 347.9 Gerechtelijk privaatrecht. Burgerlijk procesrecht. Burgerlijke rechtsvordering. --- #SBIB:309H270 --- Language, Legal --- Legal language --- Legal style --- Style, Legal --- Bill drafting --- Gerechtelijk privaatrecht. Burgerlijk procesrecht. Burgerlijke rechtsvordering --- Interpretation and construction. --- Judicial process - United States --- Law - Language --- Constitutional law - United States
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In the mid-1970s, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system. I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.
Judges --- Judicial process --- Law --- Psychological aspects. --- Thinking --- Behavioral Sciences --- Social Control, Formal --- Health Care Economics and Organizations --- Behavioral Disciplines and Activities --- Mental Processes --- Sociology --- Social Sciences --- Psychiatry and Psychology --- Psychological Phenomena and Processes --- Health Care --- Anthropology, Education, Sociology and Social Phenomena --- Decision Making --- Jurisprudence --- Psychology --- Law - U.S. --- Law, Politics & Government --- Law - U.S. - General --- Psychological aspects --- United States --- Psychology. --- Personality. --- Social psychology. --- Clinical psychology. --- Criminology. --- Law and Psychology. --- Personality and Social Psychology. --- Clinical Psychology. --- Criminology and Criminal Justice, general. --- Crime --- Social sciences --- Criminals --- Psychiatry --- Psychology, Applied --- Psychological tests --- Mass psychology --- Psychology, Social --- Human ecology --- Social groups --- Personal identity --- Personality psychology --- Personality theory --- Personality traits --- Personology --- Traits, Personality --- Individuality --- Persons --- Self --- Temperament --- Behavioral sciences --- Mental philosophy --- Mind --- Science, Mental --- Human biology --- Philosophy --- Soul --- Mental health --- Study and teaching --- Judges - United States. --- Judicial process - United States. --- Law - Psychological aspects. --- PSYCHOLOGIE JUDICIAIRE --- DECISION JUDICIAIRE --- MARIAGE HOMOSEXUEL --- COUR SUPREME --- EXPERTISE --- ELABORATION
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