Download or read book Discretionary Justice in Europe and America written by Kenneth Culp Davis and published by Urbana : University of Illinois Press. This book was released on 1976 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretionary Justice written by Kenneth Culp Davis and published by Baton Rouge : Louisiana State University Press. This book was released on 1969 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book One Case Two Systems A Comparative View of American and German Criminal Justice Systems written by Floyd Feeney and published by BRILL. This book was released on 2021-10-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, this innovative work seeks to add a new dimension to the comparative study of criminal justice. The basic idea is contained in the title, One Case--Two Systems. Containing the first ever side-by-side portrayals of full American and German trials, the book views a single case through two separate lenses--one American, one German. Returning home unexpectedly from a vacation in the country, an elderly man interrupts a night time burglary in his own house and is attacked as the burglar tries to escape. By portraying an ordinary crime--a burglary that turns into a robbery--rather than a dramatic, high-profile murder, the book provides a detailed, working picture of the two systems and the contrasts between them. Allowing the reader to observe and compare the formal steps that cases go through in the two systems, it brings the work of the police, the prosecution, the defense, and the courts to life - by giving thoughts and reasons as well as actions. Even the most critical documents are included. Designed to illustrate the most important differences between the two systems, the country chapters first portray the California investigation and prosecution and then take the same case through the German system. Often seeing eye-to-eye but sometimes diverging sharply, the two sets of comments focus on the critical issues depicted in the country chapters--seeking to explain the similarities, differences, and peculiarities of the two systems. Published under the Transnational Publishers imprint.
Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Download or read book Discretionary Justice written by Kenneth Culp Davis and published by LSU Press. This book was released on 1969-04 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research about justice for individual parties has been primarily concerned with the content of rules and principles and has insufficiently tried to penetrate discretionary justice as meted out by police, prosecutors, and other administrators. In this groundbreaking study Kenneth Culp Davis dispels the prevailing notion that discretionary justice is too elusive for scholarly investigation. Davis advances proposals for badly needed reforms in our system of discretionary justice and lays the groundwork for further empirical and philosophical studies. "Our jurisprudence of statutes and of judge-made law," says Davis, "is overdeveloped; our jurisprudence of administrative justice, of police justice, of prosecutor justice- of discretionary justice is under-developed. We need a new jurisprudence that will encompass all of justice, not just the easy half of it. Davis advances proposals for badly needed reforms in our system of discretionary justice and lays the groundwork for further empirical and philosophical studies. "Our jurisprudence of statutes and of judge-made law," says Davis, "is overdeveloped; our jurisprudence of administrative justice, of police justice, of prosecutor justice- of discretionary justice is under-developed. We need a new jurisprudence that will encompass all of justice, not just the easy half of it.
Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by . This book was released on 2012-09-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Erik Luna and Marianne Wade examine the considerable powers of the American prosecutor and look abroad in order to learn valuable lessons from a transnational examination of prosecutorial authority. They explore parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Through the varied topics covered by the contributors on both sides of the Atlantic, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.
Download or read book Failures of American Methods of Lawmaking in Historical and Comparative Perspectives written by James R. Maxeiner and published by Cambridge University Press. This book was released on 2018-03-08 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and would be a solution for the American legal system as well.
Download or read book Centralised Enforcement Legitimacy and Good Governance in the EU written by Melanie Smith and published by Routledge. This book was released on 2009-09-10 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 226 EC is the central mechanism of enforcement in the EC Treaty, and has remained unchanged since the original Treaty of Rome. It provides the European Commission, as guardian of the Treaty, with a broad power of policing Member States’ conduct. Article 226 has been traditionally characterised as an arena of secretive negotiation focused on the sole function of effective enforcement. This study seeks to move beyond this approach by characterising Article 226 as a multi-functional mechanism within the Treaty. It does this by examining the central mechanism of enforcement through the normative lenses of legitimacy, good administration and good governance. Centralised Enforcement, Legitimacy and Good Governance in the EU is interdisciplinary in nature, examining law in its political context. It focuses on how the institutions interact and react to competing policy pressures, and explores the tensions that lie at the heart of legitimacy in the actions of public actors by engaging with concepts such as democracy, legitimacy and good administration. Scholars and policy-makers whose work explores Article 226 will find this work especially relevant. It will also appeal to those who are interested in enforcement and regulation in the international/EU arena, as well as those whose work considers concepts such as good governance, legitimacy, and accountability in the EU. It is also relevant to scholars engaged in the study of institutions and processes of interaction and change.
Download or read book Drug Regulation Reform Act of 1978 written by United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Health and the Environment and published by . This book was released on 1979 with total page 2034 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law Engaging Translation written by Simone Glanert and published by Routledge. This book was released on 2014-06-27 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.
Download or read book Administrative Law in the Political Sys written by Kenneth F Warren and published by Routledge. This book was released on 2018-04-17 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System, fifth edition provides students with an informed and accessible overview of a difficult subject matter.
Download or read book Ecosystems Society and Health written by Lars K. Hallström and published by McGill-Queen's Press - MQUP. This book was released on 2015-05-01 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern world has created complex systems that have interrelated concerns. Ecosystems, Society, and Health presents new perspectives on how the challenges relating to these concerns must be examined, not as disparate political narratives, but as dynamic transformational stories that demand integrative systems of research, analysis, practice, and action. Struggles over healthy watersheds, diseases associated with environmental change, and public health impacts of unsafe food exemplify the demand for integrated understanding and action. Contributors argue that traditional science, power politics, and linear ideals of public policy are inadequate to address sustainability, justice, safety, and responsibility. Drawing from a series of case studies that range from nursing, to watershed management, to environmental health and risk communication, this collection strikes an informed balance between practical lessons and a sophisticated theoretical context with which to interpret them. Demonstrating the diverse contextual understanding demanded by today’s complex issues, Ecosystems, Society, and Health is a timely resource with guidance for practitioners, researchers, and educators.
Download or read book A Airports written by British Library and published by Walter de Gruyter. This book was released on 2012-05-21 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Political Order and Political Decay written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2014-09-30 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second volume of the bestselling landmark work on the history of the modern state Writing in The Wall Street Journal, David Gress called Francis Fukuyama's Origins of Political Order "magisterial in its learning and admirably immodest in its ambition." In The New York Times Book Review, Michael Lind described the book as "a major achievement by one of the leading public intellectuals of our time." And in The Washington Post, Gerard DeGrott exclaimed "this is a book that will be remembered. Bring on volume two." Volume two is finally here, completing the most important work of political thought in at least a generation. Taking up the essential question of how societies develop strong, impersonal, and accountable political institutions, Fukuyama follows the story from the French Revolution to the so-called Arab Spring and the deep dysfunctions of contemporary American politics. He examines the effects of corruption on governance, and why some societies have been successful at rooting it out. He explores the different legacies of colonialism in Latin America, Africa, and Asia, and offers a clear-eyed account of why some regions have thrived and developed more quickly than others. And he boldly reckons with the future of democracy in the face of a rising global middle class and entrenched political paralysis in the West. A sweeping, masterful account of the struggle to create a well-functioning modern state, Political Order and Political Decay is destined to be a classic.
Download or read book Decision Making written by Anthony G. McGrew and published by Manchester University Press. This book was released on 1982 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The analysis of decision making under uncertainty has again become a major focus of interest. This volume presents contributions from leading specialists in different fields and provides a summary and synthesis of work in this area. It is based on a conference held at the Harvard Business School. The book brings together the different approaches to decision making - normative, descriptive, and prescriptive - which largely correspond to different disciplinary interests. Mathematicians have concentrated on rational procedures for decision making - how people should make decisions. Psychologists have examined how poeple do make decisions, and how far their behaviour is compatible with any rational model. Operations researchers study the application of decision models to actual problems. Throughout, the aim is to present the current state of research and its application and also to show how the different disciplinary approaches can inform one another and thus lay the foundations for the integrated analysis of decision making. The book will be of interest to researchers, teachers - for use as background reading for a decision theory course - students, and consultants and others involved in the practical application of the analysis of decision making. It will be of interest to specialists and students in statistics, mathematics, economics, psychology and the behavioural sciences, operations research, and management science.
Download or read book A Theory of Legal Punishment written by Matthew C. Altman and published by Routledge. This book was released on 2021-05-05 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
Download or read book Public Prosecutors in the United States and Europe written by Gwladys Gilliéron and published by Springer Science & Business Media. This book was released on 2014-04-14 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research examines the role of prosecutors within the United States and in Switzerland and is completed by an overview of the prosecution institutions in France and Germany. The research recognizes that despite seemingly very different legal traditions and structures, prosecutors in these systems are similar enough that each system might learn from the others. Drawing upon the experiences of other nations, this research proposes solutions to the problems identified in connection with the position and powers of public prosecutors in the United States. Furthermore, it outlines the problems related to the increase of prosecutorial power and the lessons the European criminal justice systems surveyed can draw from the experience in the US. In terms of methodology, this research not only considers formal legal provisions but also systematic structural factors, academic literature and statistics revealing how the law and governing principles actually work in practice.
