The Legal Process and the Promise of Justice: Studies Inspired by the Work of Malcolm Feeley

ISBN-13: 9781108415682 / Angielski / Twarda / 2019 / 400 str.

Jonathan Simon; Rosann Greenspan; Hadar Aviram

Opis

Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.

Recenzje

'Far from being only a much deserved tribute to Malcolm Feeley, this book opens up new perspectives. By recalling the numerous insights of his scholarship, from The Process is the Punishment to debates on court reform or sociology of legal professionals, this rich array of scholars put these studies in perspective and demonstrate how fruitful his perspective is for socio-legal studies, in several national contexts. The same could even be said beyond that specific field, from the sociology of organizations to public policy analysis.' Liora Israël, École des Hautes Etudes en Sciences Sociales, Paris

Spis treści

Introduction Jonathan Simon, Hadar Aviram and Rosann Greenspan; Part I. The Process is the Punishment: 1. Adversarial bias and the criminal process: infusing the organizational perspective on criminal courts with insights from behavioral science Hadar Aviram; 2. Malcolm Feeley's concept of law Issa Kohler-Hausmann; 3. Process as intergenerational punishment: are children casualties of parental court experiences? Kay Levine and Volkan Topalli; 4. The process is the problem Shauhin Talesh; Part II. Court Reform on Trial: 5. Vaping on trial: e-cigarettes, law, and society Eric Feldman; 6. Japanese court reform on trial David T. Johnson and Setsuo Miyazawa; 7. Court reform and comparative criminal justice David Nelken; 8. The birth of the penal organization: why prisons were born to fail Ashley T. Rubin; 9. The misbegotten: infanticide in Victorian England Lawrence M. Friedman; Part III. Judicial Policymaking and the Modern State: 10. Judicial deference in the modern state Lauren B. Edelman; 11. Judges, labor, and economic inequality Paul Frymer; 12. Administrative 'states' of judicial policy on gender-motivated violence Christine B. Harrington; 13. Can courts abolish mass incarceration? Jonathan Simon; 14. Policy making by out-of-court settlements: intelligence informers at the Israeli High Court of Justice Menachem Hofnung; Part IV. Political Liberalism and the Legal Complex: 15. The international legal complex: Wang Yu and the global response to repression of China's political lawyers Terence C. Halliday; 16. The legal profession's promise of justice: choices and challenges in legal and socio-legal work Mark Fathi Massoud; 17. The varieties of judicial independence and the judiciary's role in political reform Edward L. Rubin; 18. The legal complex and lawyers-in-chief Kim Lane Scheppele.