Kategoria BISAC: Law >> Civil Procedure

Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a...

The book provides practical, straightforward advice on how to deal with specific legal situations: the threat of arrest, being arrested, being in custody, preparing for and undergoing a trial, and navigating the appeals and parole...

Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the...

In der sowjetischen Besatzungszone traten seit 1946 Volksrichter zunehmend an die Stelle der zahlreichen Richter und Staatsanwalte, die im Zuge der Entnazifizierung aus der Justiz entfernt worden waren. Dieser Elitenaustausch bildete ein zentrales Mittel zur Transformierung des Justizwesens in der entstehenden DDR. Bisher weitgehend unbekannte Quellen veranschaulichen die Entscheidungen der zentralen Instanzen (Zentralverwaltung fur Justiz, SMAD, SED) und geben Aufschlu uber die Entwicklung der zunachst rein fachlichen, spater jedoch stark ideologisierten Kurzausbildung der neuen...

Focusing on the Supreme Court as an integral part of the policy-making process, Susan Lawrence examines how a change in who has access to the Court, and the nature of the institutions that structure that access, has affected its agenda setting and doctrinal development. In her analysis of cases sponsored by the Legal Services Program (LSP) before the Supreme Court during the 1966 through 1974 terms, she explores the effect of this agency in creating a voice for the poor in the judicial policy-making process. The Court's response to cases presented by the LSP--as exemplified in its...

Graham Walker boldly recasts the debate over issues like constitutional interpretation and judicial review, and challenges contemporary thinking not only about specifically constitutional questions but also about liberalism, law, justice, and rights. Walker targets the "skeptical" moral nihilism of leading American judges and writers, on both the political left and right, charging that their premises undermine the authority of the Constitution, empty its moral words of any determinate meaning, and make nonsense of ostensibly normative theories. But he is even more worried about those who...