Courting Peril
The Political Transformation of the American Judiciary
Seiten
2016
Oxford University Press Inc (Verlag)
978-0-19-023349-5 (ISBN)
Oxford University Press Inc (Verlag)
978-0-19-023349-5 (ISBN)
In recent decades, the American judiciary has undergone a political transformation that jeopardizes the rule of law paradigm that the courts have embraced for centuries. Courting Peril describes that transformation, explores its implications, and proposes a new way of thinking about the courts and their oversight.
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.
The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.
Charles Gardner Geyh is the John F. Kimberling Professor of Law at the Indiana University Maurer School of Law. His work on judicial independence, accountability, selection, administration and ethics has appeared in over sixty books, articles, book chapters and reports.
Acknowledgements
Introduction
Chapter 1: The Rule of Law Paradigm in a Changing Landscape
Chapter 2: The Changing Academic Understanding of American Courts
Chapter 3: The Rule of Law Paradigm's Popular Antecedents
Chapter 4: The Legal Culture Paradigm
Chapter 5: Conceptualizing the Dimensions of Judicial Oversight
Chapter 6: Explanations and Prescriptions
| Erscheinungsdatum | 17.03.2016 |
|---|---|
| Verlagsort | New York |
| Sprache | englisch |
| Maße | 236 x 160 mm |
| Gewicht | 431 g |
| Themenwelt | Recht / Steuern ► Allgemeines / Lexika |
| Recht / Steuern ► EU / Internationales Recht | |
| Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung | |
| ISBN-10 | 0-19-023349-4 / 0190233494 |
| ISBN-13 | 978-0-19-023349-5 / 9780190233495 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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