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3 books match the query 'Burns, Robert P.'
Courts and Bureaucracies
Renewing the Rule of Law in Our TimesRobert 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.
Kafka's Law
"The Trial" and American Criminal JusticeRobert P. Burns
University of Chicago Press, 2014
With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.
The Death of the American Trial
Robert P. Burns
University of Chicago Press, 2009
In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.