Facing Judicial Discretion
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Author | : M. Iglesias Vila |
Publisher | : Springer Science & Business Media |
Total Pages | : 305 |
Release | : 2013-03-09 |
Genre | : Philosophy |
ISBN | : 9401596840 |
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In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Author | : Marisa Iglesias Vila |
Publisher | : Springer |
Total Pages | : 231 |
Release | : 2014-10-09 |
Genre | : Philosophy |
ISBN | : 9789401596855 |
Download Facing Judicial Discretion Book in PDF, Epub and Kindle
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Author | : Shai Dothan |
Publisher | : Cambridge University Press |
Total Pages | : 351 |
Release | : 2015 |
Genre | : Law |
ISBN | : 1107031133 |
Download Reputation and Judicial Tactics Book in PDF, Epub and Kindle
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
Author | : Aharon Barak |
Publisher | : |
Total Pages | : 270 |
Release | : 1989-01-01 |
Genre | : Law |
ISBN | : 9780300040999 |
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Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
Download Model Rules of Professional Conduct Book in PDF, Epub and Kindle
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 | : Keith Hawkins |
Publisher | : Oxford University Press on Demand |
Total Pages | : 431 |
Release | : 1994 |
Genre | : Law |
ISBN | : 9780198259503 |
Download The Uses of Discretion Book in PDF, Epub and Kindle
Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
Author | : Carl F. Pinkele |
Publisher | : Iowa State Press |
Total Pages | : 156 |
Release | : 1985 |
Genre | : Criminal justice, Administration of |
ISBN | : |
Download Discretion, Justice, and Democracy Book in PDF, Epub and Kindle
Author | : Howard Abadinsky |
Publisher | : Charles C. Thomas Publisher |
Total Pages | : 206 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
Download Discretionary Justice Book in PDF, Epub and Kindle
Author | : J. Eric Smithburn |
Publisher | : |
Total Pages | : 364 |
Release | : 1991 |
Genre | : Judicial discretion |
ISBN | : |
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Author | : David Robertson |
Publisher | : Oxford University Press on Demand |
Total Pages | : 417 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9780198274421 |
Download Judicial Discretion in the House of Lords Book in PDF, Epub and Kindle
There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of theirdecisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public lawand areas of civil law.