Law Without Lawyers Justice Without Courts
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Law Without Lawyers Justice Without Courts
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Author : Bee Chen Goh
language : en
Publisher:
Release Date : 2018-09-18
Law Without Lawyers Justice Without Courts written by Bee Chen Goh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-18 with categories.
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Justice Without Law
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Author : Jerold S. Auerbach
language : en
Publisher: Oxford University Press, USA
Release Date : 1983
Justice Without Law written by Jerold S. Auerbach and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Language Arts & Disciplines categories.
An examination of various types of litigation -- arbitration, mediation, and conciliation.
Justice Without Law
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Author : Jerold S. Auerbach Wellesley College
language : en
Publisher: Oxford University Press, USA
Release Date : 1983-04-07
Justice Without Law written by Jerold S. Auerbach Wellesley College and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-04-07 with categories.
Describes the disadvantages of litigation, looks at what the American legal system suggests about our society, and discusses arbitration, mediation, and conciliation, alternatives to our adversary approach to justice.
Natural Law In Court
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Author : R. H. Helmholz
language : en
Publisher: Harvard University Press
Release Date : 2015-06-08
Natural Law In Court written by R. H. Helmholz and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-08 with Law categories.
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
Rebooting Justice
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Author : Benjamin H. Barton
language : en
Publisher:
Release Date : 2017
Rebooting Justice written by Benjamin H. Barton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with LAW categories.
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Justice Before The Law
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Author : Michael Huemer
language : en
Publisher: Springer Nature
Release Date : 2021-09-06
Justice Before The Law written by Michael Huemer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-06 with Philosophy categories.
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
Litigants Without Lawyers
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Author : Patricia A. Garcia
language : en
Publisher:
Release Date : 2002
Litigants Without Lawyers written by Patricia A. Garcia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Court administration categories.
Paths Of Justice
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Author : Johannes M. M. Chan
language : en
Publisher: Hong Kong University Press
Release Date : 2018-06-04
Paths Of Justice written by Johannes M. M. Chan and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-04 with Law categories.
In Paths of Justice, Johannes Chan illuminates fundamental themes and basic values in Hong Kong’s legal system by using his own experience and drawing on interesting and important cases. The book explains and demystifies some of the most frequently asked questions about the law: How does a lawyer defend someone who is guilty? Does the law favour the rich and the resourceful? Is there a duty to obey the law in all circumstances? How can human rights and national security coexist in balance if their goals conflict in certain situations? How can fairness be reconciled with administrative efficacy? Is an abuse of freedom a justification for denying it? He also casts light on legal profession and professionalism, arguing that the legal profession is honourable only because lawyers, by and large, do live up to a high ethical standard and are committed to the values of justice and fairness. These cases cover a wide range of legal discussion and span several decades of Chan’s professional practice, from when he was a young barrister to his years as Honorary Senior Counsel. Through the description of these real-life court cases, he gives readers not only a better understanding of how Hong Kong’s legal system works in practice, but also the essential tools to think deeply about legal institutions, the legal profession, the role of justice in a modern society, and the importance of the rule of law. ‘The book illustrates a wide range of issues and offers interesting insights which a reading of the court decisions would not enable a person to glean. It is a book which adds a human and personal dimension to abstract legal principles.’ —Anthony Francis Neoh, QC, SC, JP, former deputy judge of the High Court of Hong Kong ‘The book teaches the law through the accessible means of story-telling. It presents a lively legal scene that involves some highly respectable and interesting practitioners and important developments in the law.’ —Margaret Ng Ngoi-yee, barrister and former member of the Legislative Council of Hong Kong
New Pathways To Civil Justice In Europe
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Author : Xandra Kramer
language : en
Publisher: Springer Nature
Release Date : 2021-09-17
New Pathways To Civil Justice In Europe written by Xandra Kramer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-17 with Law categories.
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Minding The Law
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Author : Anthony G. AMSTERDAM
language : en
Publisher: Harvard University Press
Release Date : 2009-06-30
Minding The Law written by Anthony G. AMSTERDAM and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-30 with Law categories.
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School