50 books match the query 'Justice, Administration of' and 7 start with c

cover of Clemency and Cruelty in the Roman World

Clemency and Cruelty in the Roman World

Melissa Barden Dowling

University of Michigan Press, 2006

When the Roman democratic republic fell and the monarchical empire rose, a new vocabulary of power was needed to help balance the awesome abilities of the state to inflict harm and the need of its people for individual protection. In Clemency and Cruelty in the Roman World, Melissa Barden Dowling explores the formation of clemency as a human and social value in the Roman Empire, a topic that has been curiously neglected despite its obvious importance to our understanding of Roman society and the workings of the penal system.

In this first thorough study of the origins of clemency, Dowling provides a vivid look at the ideology of clemency and new philosophies of mercy and cruelty in Western society, through an examination of ancient art, literature, historical documents, and archaeological artifacts. By illuminating the emergence of mercy and forgiveness as social concepts, and the mechanisms by which peoples are transformed in response to changes in power structures, Dowling makes an important contribution to the study of the ancient Roman world, as well as to modern Western culture.
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cover of Constitutional Conscience: The Moral Dimension of Judicial Decision

Constitutional Conscience

The Moral Dimension of Judicial Decision

H. Jefferson Powell

University of Chicago Press, 2008

While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making.
            Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.      
 
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cover of Continuity and Change on the United States Courts of Appeals

Continuity and Change on the United States Courts of Appeals

Donald R. Songer, Reginald S. Sheehan, and Susan B. Haire

University of Michigan Press, 2000

While many fine works of scholarship examine the role of the Supreme Court in American politics, there has been a dearth of scholarly books that focus on the Courts of Appeals. Continuity and Change on the United States Courts of Appeals is unique both in its focus on this level of the judiciary and its approach that examines major trends over the twentieth century. Since the Supreme Court has the discretion to refuse to hear almost all cases appealed to it, the Courts of Appeals are usually the final option for litigants in the federal system. Unless overturned by the Supreme Court or, in cases decided on the basis of statute, by Congressional action, the rulings can have a significant impact on government policy.
The authors present the first comprehensive examination of the shifting role of the Courts of Appeals, investigating changes over time and presenting the first systematic analyses of those changes. Their work is the first book to utilize the database of the U.S. Courts of Appeals, analyzing over 15,000 cases to examine trends between 1925 and 1988. The book answers questions such as who are the judges? What are their decisional tendencies? What has been the role of region and partisan politics? Who are the litigants? And who has won and who has lost throughout the twentieth century? It is the only current, up-to-date book on the Courts of Appeals and an essential read for all scholars and students interested in American politics and judicial behavior.
Donald R. Songer is Professor of Political Science, University of South Carolina. Reginald S. Sheehan is Associate Professor of Political Science and Director of the Program for Law and Juridical Politics, Michigan State University. Susan B. Haire is Assistant Professor of Political Science, University of Georgia
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cover of Courting the Community: Legitimacy and Punishment in a Community Court

Courting the Community

Legitimacy and Punishment in a Community Court

Christine Zozula

Temple University Press, 2019

Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.  

Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.

Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.

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cover of Courts and Bureaucracies: Renewing the Rule of Law in Our Times

Courts and Bureaucracies

Renewing the Rule of Law in Our Times

Robert P. Burns

University of Chicago Press, 2027

A novel meditation on how courts and bureaucracies function today and how they can be made better.

We live in a highly bureaucratic society, so much so that we often don’t even see it. Although we think of bureaucracies and courtrooms as different kinds of institutions, as Robert P. Burns argues in Courts and Bureaucracies, their functions and everyday operations often blur together. Today, courts are being used to address numerous social problems that the government is unable or unwilling to tackle, and consequently, the courts frequently emphasize bureaucratic goals—such as efficiency and social control—over the adjudicatory functions that they are supposed to embody.

Drawing on social theory, philosophy, public administration, and law, Burns clarifies the role of courts in today’s bureaucratic society and considers the distinctive contributions that specifically legal procedures can bring. After exploring the competing first principles of adjudication, Burns then examines our current administrative, civil, and criminal processes and describes new and looming changes to rules and practices that should affect our thinking about the rule of law and the role of the courts.

A broad reassessment—both philosophical and practical—of how criminal, civil, and administrative practices differ from one another and what benefits each bestows, Courts and Bureaucracies offers concrete suggestions for how we can better achieve the ideals already implicit in our judicial traditions and practices.

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cover of Crime and Justice, Volume 41: Prosecutors and Politics: A Comparative Perspective

Crime and Justice, Volume 41

Prosecutors and Politics: A Comparative Perspective

Edited by Michael Tonry

University of Chicago Press Journals, 2012

Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.

Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.

Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.

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cover of Crime and Punishment in Latin America: Law and Society Since Late Colonial Times

Crime and Punishment in Latin America

Law and Society Since Late Colonial Times

Ricardo D. Salvatore, Carlos Aguirre, and Gilbert M. Joseph, eds.

Duke University Press, 2001

Crowning a decade of innovative efforts in the historical study of law and legal phenomena in the region, Crime and Punishment in Latin America offers a collection of essays that deal with the multiple aspects of the relationship between ordinary people and the law. Building on a variety of methodological and theoretical trends—cultural history, subaltern studies, new political history, and others—the contributors share the conviction that law and legal phenomena are crucial elements in the formation and functioning of modern Latin American societies and, as such, need to be brought to the forefront of scholarly debates about the region’s past and present.
While disassociating law from a strictly legalist approach, the volume showcases a number of highly original studies on topics such as the role of law in processes of state formation and social and political conflict, the resonance between legal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating law as an ambiguous and malleable arena of struggle, the contributors to this volume—scholars from North and Latin America who represent the new wave in legal history that has emerged in recent years-- demonstrate that law not only produces and reformulates culture, but also shapes and is shaped by larger processes of political, social, economic, and cultural change. In addition, they offer valuable insights about the ways in which legal systems and cultures in Latin America compare to those in England, Western Europe, and the United States.
This volume will appeal to scholars in Latin American studies and to those interested in the social, cultural, and comparative history of law and legal phenomena.

Contributors. Carlos Aguirre, Dain Borges, Lila Caimari, Arlene J. Díaz, Luis A. Gonzalez, Donna J. Guy, Douglas Hay, Gilbert M. Joseph, Juan Manuel Palacio, Diana Paton, Pablo Piccato, Cristina Rivera Garza, Kristin Ruggiero, Ricardo D. Salvatore, Charles F. Walker

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