Facing Judicial Discretion
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Facing Judicial Discretion
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Author : M. Iglesias Vila
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Facing Judicial Discretion written by M. Iglesias Vila and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Philosophy categories.
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Facing Judicial Discretion
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Author : Marisa Iglesias Vila
language : en
Publisher: Springer
Release Date : 2014-10-09
Facing Judicial Discretion written by Marisa Iglesias Vila and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-09 with Philosophy categories.
In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.
Judicial Discretion
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Author : Aharon Barak
language : en
Publisher:
Release Date : 1989
Judicial Discretion written by Aharon Barak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Judges categories.
Judicial Discretion
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Author : J. Eric Smithburn
language : en
Publisher:
Release Date : 2007-01-01
Judicial Discretion written by J. Eric Smithburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-01 with Judicial discretion categories.
The Invisible Justice System
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Author : Burton Atkins
language : en
Publisher:
Release Date : 1982
The Invisible Justice System written by Burton Atkins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
Discretion And The Criminal Justice Process
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Author : Theodore Kenneth Moran
language : en
Publisher:
Release Date : 1983
Discretion And The Criminal Justice Process written by Theodore Kenneth Moran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
The book discusses the exercise of discretion, the influence of the values of law enforcement officials, and the potential for arbitrary behavior in the administration of justice.
The Nature Of The Judicial Process
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Author : Benjamin Nathan Cardozo
language : en
Publisher:
Release Date : 1921
The Nature Of The Judicial Process written by Benjamin Nathan Cardozo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1921 with Judges categories.
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Judicial Discretion
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Author : J. Eric Smithburn
language : en
Publisher:
Release Date : 1974
Judicial Discretion written by J. Eric Smithburn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with categories.
Discretionary Powers
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Author : Denis James Galligan
language : en
Publisher:
Release Date : 1990
Discretionary Powers written by Denis James Galligan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Language Arts & Disciplines categories.
One noticeable feature of modern legal systems is the extent to which power is conferred upon government officials and agencies to be exercized at their discretion, according to policy considerations, rather than according to precise legal standards. This book is a legal and jurisprudential analysis of discretionary power in modern legal systems, with particular emphasis on the consequences of discretion in the relationship between the individual and the state.
Reputation And Judicial Tactics
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Author : Shai Dothan
language : en
Publisher: Cambridge University Press
Release Date : 2015
Reputation And Judicial Tactics written by Shai Dothan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
