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Law and politics --- Law
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Law --- -Law and politics
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How have regimes used the agencies of criminal justice for their own purposes? What characterizes the linkage of politics and justice? Drawing on a wealth of foreign and domestic source material, Otto Kirchheimer examines systematically the structure of state protection, the nature of a strictly "political" trial, including the trial by fiat of the successor regime, and the forms of legal repression that states have used against political organizations. He analyzes the Nuremberg trials, the Communist purge trials, and a number of Smith Act trials. In two highly original chapters he also explores the political and judicial nature of asylum and clemency. This study of the uneasy balance between abstract justice and political expediency is a contribution to constitutional and criminal law, political science, and social psychology.Originally published in 1961.The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Law --- Law and politics --- Political aspects.
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Law and politics --- Droit et politique --- Law --- Political aspects.
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Law --- Law and politics --- Political aspects. --- Great Britain.
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Constitutional law --- Separation of powers --- Law and politics.
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The book focuses on the relationship between law and politics as perceived by the legal community and more specifically, the transformation of politics into law. After exploring the relationship between law and politics as considered by the major modern schools of legal theory, the focus moves to the regions of interaction in which law and politics meet, termed the "policy of law". The policy of law is characterized in this work as the stage of the law-making process at which values entrenched in political decisions are transformed into legal concepts in order to fit the existing legal system. The space labeled as policy of law is today mainly (but not exclusively) the domain of legal actors. Consequently, the identification of a branch of the legal discipline specifically devoted to the investigation of the transformations of values into law is given: the policy of law analysis. Finally, whether and to what extent the policy of law analysis can be encompassed within the traditional legal discipline and, more particularly, as a part of jurisprudence, is explored
Legal theory and methods. Philosophy of law --- Law --- Law and politics --- Political aspects
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