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Courting Peril: The Political Transformation of the American Judiciary

Courting Peril: The Political Transformation of the American Judiciary

  • 作者:
  • 出版商: Oxford University Press USA
  • ISBN: 9780190233495
  • 出版时间 March 2016
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥613.80

¥595.39 Save ¥18.41 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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