Search results for 'Judicial process' (try it on Scholar)

1000+ found
Sort by:
  1. Anton-Hermann Chroust (1963). Law: Reason, Legalism, and the Judicial Process. Ethics 74 (1):1-18.score: 90.0
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  2. Roger Lee Mendoza (2012). A Case Study of Infant Health Promotion and Corporate Marketing of Milk Substitutes. Health Care Analysis 20 (2):196-211.score: 90.0
    The mismatch between the demand for, and supply of, health products has led to the increasing involvement of courts worldwide in health promotion and marketing. This study critically examines the implementation of one country’s Milk Code within the framework of the International Code of Marketing of Breast-Milk Substitutes, and the efficacy of the judicial process in balancing corporate marketing and state regulatory objectives. Drawing upon the Philippine experience with its own Milk Code, it evaluates the capacities of courts (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  3. Lucinda Vandervort (2012). Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown. In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM, Chapter 6, pp. 113-153. University of Ottawa Press.score: 90.0
    In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...)
     
    My bibliography  
     
    Export citation  
  4. C. Varga (1995). Changing of Paradigms in the Understanding of Judicial Process. Rechtstheorie 26 (3):415-424.score: 90.0
    No categories
     
    My bibliography  
     
    Export citation  
  5. John Thomas Noonan & Kenneth I. Winston (eds.) (1993). The Responsible Judge: Readings in Judicial Ethics. Praeger.score: 78.0
    No categories
     
    My bibliography  
     
    Export citation  
  6. Pierre Noreau (2008). Applied Judicial Ethics. Wilson & Lafleur.score: 78.0
    No categories
     
    My bibliography  
     
    Export citation  
  7. Jerzy Wróblewski (1979). Meaning and Truth in Judicial Decision. Juridica.score: 78.0
  8. Christopher Arnold & H. Scott Fairley (1983). Book Review:Democracy and Distrust. John Hart Ely; Judicial Review and the National Political Process. Jesse H. Choper. [REVIEW] Ethics 93 (3):615-.score: 72.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  9. William G. Ross (2002). Role of Ideological Factors in the Federal Judicial Selection Process, The. Nexus 7:39.score: 72.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  10. Elizabeth A. Cavendish (2002). Legitimacy of Considering Judicial Philosophy in the Nominations Process, The. Nexus 7:27.score: 72.0
    No categories
    Direct download  
     
    My bibliography  
     
    Export citation  
  11. James MacLean (2012). Transcending the Discovery—Justification Dichotomy. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):123-141.score: 72.0
    This essay examines judicial decision-making from the perspective of Whiteheadian ‘process philosophy’. As such, it seeks to demonstrate how the explanatory categories of process thought can be applied to law and legal reasoning in such a way as to expose the nature of the processes that constitute their development. The essay begins with a description of the judicial task drawn from contemporary theorising about legal argumentation, identified in terms of the separation of contexts of decision-making: discovery (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  12. F. P. Feliciano (1992). The Application of Law: Some Recurring Aspects of The Process of Judicial Review and Decision Making. American Journal of Jurisprudence 37 (1):17-56.score: 72.0
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  13. Steven J. Burton (1992). Judging in Good Faith. Cambridge University Press.score: 66.0
    This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  14. Ronald Dworkin (2006). Justice in Robes. Belknap Press.score: 60.0
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
    Direct download  
     
    My bibliography  
     
    Export citation  
  15. Scott Brewer (ed.) (1998). Moral Theory and Legal Reasoning. Garland Pub..score: 60.0
    The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.
    Direct download  
     
    My bibliography  
     
    Export citation  
  16. Raymond A. Belliotti (1992). Justifying Law: The Debate Over Foundations, Goals, and Methods. Temple University Press.score: 60.0
    Author note: Raymond A. Belliotti is Professor of Philosophy at State University of New York at Fredonia.
    Direct download  
     
    My bibliography  
     
    Export citation  
  17. Julen Etxabe (2012). The Experience of Tragic Judgement. Routledge.score: 60.0
    The very idea of such a neutral system is an illusion. Rather, what is needed, Julen Etxabe argues in this book, is a heightened awareness of the difficulty of judgment.
    Direct download  
     
    My bibliography  
     
    Export citation  
  18. J. C. Smith (1976). Legal Obligation. University of Toronto Press.score: 60.0
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  19. Aulis Aarnio (1977). On Legal Reasoning. Turun Yliopisto.score: 60.0
     
    My bibliography  
     
    Export citation  
  20. Carlo Furno (2008). Verdad y Proceso. Leyer.score: 60.0
    Translate to English
    |
     
    My bibliography  
     
    Export citation  
  21. Neil MacCormick (1978). Legal Reasoning and Legal Theory. Oxford University Press.score: 60.0
    This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.
     
    My bibliography  
     
    Export citation  
  22. Stuart S. Nagel (1993). Legal Scholarship, Microcomputers, and Super-Optimizing Decision-Making. Quorum Books.score: 60.0
     
    My bibliography  
     
    Export citation  
  23. Adrian Vermeule (2009). System Effects and the Constitution. Harvard Law School.score: 60.0
     
    My bibliography  
     
    Export citation  
  24. J. Weinstein (2009). Democracy, Individual Rights and the Regulation of Science. Science and Engineering Ethics 15 (3):407-429.score: 54.0
    Whether the US Constitution guarantees a right to conduct scientific research is a question that has never been squarely addressed by the United States Supreme Court. Similarly, the extent to which the First Amendment protects the right to communicate the results of scientific research is an issue about which there is scant judicial authority. This article suggests that a crucial guidepost for exploring both these uncharted areas of constitutional law should be whether restrictions on scientific research or communication truly (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  25. Davide Mazzi (2010). “This Argument Fails for Two Reasons…”: A Linguistic Analysis of Judicial Evaluation Strategies in US Supreme Court Judgments. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (4):373-385.score: 48.0
    The centrality of argumentation in the judicial process is an age-old acquisition of research on legal discourse. Notwithstanding the deep insights provided by legal theoretical and philosophical works, only recently has judicial argumentation been tackled in its linguistic dimension. This paper aims to contribute to the development of linguistic studies of judicial argumentation, by shedding light on evaluation as a prominent aspect in the construction of the judge’s argumentative position. Evaluation as a deep structure of (...) argumentation is studied from a discursive point of view entailing the analysis of a sample of authentic judicial language. Evaluative lexis is investigated within a single genre of judicial discourse, i.e. judgments, instantiated by a corpus of US Supreme Court judgments. Findings show that judges use diversified strategies to take stance as they organise their argumentative discourse: from easily recognisable verbal and adjectival tools to more finely-grained discourse elements such as the encapsulating pattern ‘this/these/that/those + labelling noun’. (shrink)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  26. Richard D. Rieke (1991). The Judicial Dialogue. Argumentation 5 (1):39-55.score: 48.0
    A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested? In this essay I argue that a focus on decisions and their justifications alone masks the broader process in which judges, along with all the other relevant (...)
    No categories
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  27. A. Kavanagh (2003). Participation and Judicial Review: A Reply to Jeremy Waldron. [REVIEW] Law and Philosophy 22 (5):451-486.score: 42.0
    This article challenges Jeremy Waldron's arguments in favour of participatory majoritarianism, and against constitutional judicial review. First, I consider and critique Waldron's arguments against instrumentalist justifications of political authority. My central claim is that although the right to democratic participation is intrinsically valuable, it does not displace the central importance of the `instrumental condition of good government': political decision-making mechanisms should be chosen (primarily) on the basis of their conduciveness to good results. I then turn to an examination of (...)
    Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  28. A. Arato (2010). Democratic Constitution-Making and Unfreezing the Turkish Process. Philosophy and Social Criticism 36 (3-4):473-487.score: 42.0
    This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  29. Paul B. Stephan (2006). Process Values, International Law, and Justice. Social Philosophy and Policy 23 (1):131-152.score: 42.0
    A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed (...)
    Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  30. Jeff A. King (2008). Institutional Approaches to Judicial Restraint. Oxford Journal of Legal Studies 28 (3):409-441.score: 42.0
    This article addresses the pressing issue of what process courts should use to identify those questions whose resolution lies beyond their appropriate capacity and legitimacy. The search for such a process is a basic constitutional problem that has defied a clear answer for well over a hundred years. The chequered history of earlier attempts illustrates why commentators have once again begun to gravitate towards institutional approaches. The general features of institutional approaches include emphasis on uncertainty, judicial fallibility, (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  31. Luc B. Tremblay (2003). General Legitimacy of Judicial Review and the Fundamental Basis of Constitutional Law. Oxford Journal of Legal Studies 23 (4):525-562.score: 42.0
    Four questions dominate normative contemporary constitutional theory: What is the purpose of a constitution? What makes a constitution legitimate? What kinds of arguments are legitimate within the process of constitutional interpretation? What can make judicial review of legislation legitimate in principle? The main purpose of this text is to provide one general answer to the last question. The secondary purpose is to show how this answer may bear upon our understanding of the fundamental basis of constitutional law. These (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  32. Marek Zirk-Sadowski (2012). Interpretation of Law and Judges Communities. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (4):473-487.score: 36.0
    The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  33. Armanas Abramavičius (2009). The Right to Judicial Defence in the Jurisprudence of the Constitutional Court of the Republic of Lithuania. Jurisprudence 117 (3):21-40.score: 36.0
    The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional rights or freedoms are (...)
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  34. Albert Noguera Fernández (2009). El constitucionalismo de tercera generación: rompiendo la tensión entre la definición social del estado y el tratamiento constitucional degradado de los derechos sociales. Anales de la Cátedra Francisco Suárez 43:245 - 265.score: 36.0
    One of the characteristics of the social or second generation constitutionalism, where we find, among many others, the Spanish Constitution of 1978, has been the tension between the social definition of the state and the degraded constitutional treatment of social rights. Can a Social State be developed without full constitutional protection and judicial enforcement of social rights?. The latest constitutional process in the Andean countries has involved the establishment of a constitutional model of strong social content and full (...)
    No categories
    Translate to English
    | Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  35. Sally J. Kenney (2002). Breaking the Silence: Gender Mainstreaming and the Composition of the European Court of Justice. [REVIEW] Feminist Legal Studies 10 (3):257-270.score: 36.0
    Why has it taken so long for member states to appoint women to the Court of Justice? Despite having won relatively significant policy instruments for equal treatment at work and high levels of legislative representation, women in the European Union have been slow to extend the demand for gender mainstreaming to courts. Prior to 1999, the Court of Justice had had one woman member until Ireland appointed Fidelma Macken in late 1999, and Germany appointed Ninon Colneric and Austria appointed Christine (...)
    No categories
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  36. Anton Oleinik (2013). Conflict(s) of Interest in Peer Review: Its Origins and Possible Solutions. Science and Engineering Ethics (1):1-21.score: 30.0
    Scientific communication takes place at two registers: first, interactions with colleagues in close proximity—members of a network, school of thought or circle; second, depersonalised transactions among a potentially unlimited number of scholars can be involved (e.g., author and readers). The interference between the two registers in the process of peer review produces a drift toward conflict of interest. Three particular cases of peer review are differentiated: journal submissions, grant applications and applications for tenure. The current conflict of interest policies (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  37. Samuel C. Damren (1996). A “Meeting of the Minds” — the Greater Illusion. Law and Philosophy 15 (3):271 - 291.score: 30.0
    Despite a superficial similarity in circumstance, the dynamics of the judicial process of contract interpretation are not equivalent to the circumstances giving rise to the Primacy Dilemma. The Primacy Dilemma involves two parties; the judicial process involves a third: the court. This distinction is critical for while Wittgenstein's exposé of the Primacy Dilemma as illusion does not require that centuries of refinements to theories of contract interpretation be scrapped, it does require an abandonment of the ideal (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  38. Jeffrey Davis (2006). Struggling Through the Web of Impunity—The Jorge Carpio Nicolle Case. Human Rights Review 8 (1):53-66.score: 30.0
    Through the lens of Guatemala’s Jorge Carpio Nicolle case I analyze the mechanisms that preserve impunity in Latin American nations struggling to emerge from violent conflict and embrace, the rule of law. I reveal how the infective influence of parallel powers, the ineffectiveness of the judicial process, and obstructive legal doctrine destroy domestic efforts to prosecute those responsible for human rights violations. The Carpio case exposes the role of international courts in providing justice when domestic courts fail to (...)
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  39. Carl E. Schneider (1992). Cruzan and the Constitutionalization of American Life. Journal of Medicine and Philosophy 17 (6):589-604.score: 30.0
    In America today, public policy governing an increasing number of social issues is made through the judicial enforcement of constitutional rights. Cruzan raised the question whether policy regarding the withdrawal of medical care from incompetent patients is to be handled similarly. This essay argues that privacy-rights doctrine provides a poor basis for constructing public policy in this area. It suggests that the Court has been unable to articulate a convincing basis for privacy rights and that the basis the Court (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  40. Robert A. Sedler, The Constitution, the Courts and the Common Law.score: 30.0
    This article maintains that it is the constitutional responsibility of the courts, here the courts of the State of Michigan, to engage in judicial policymaking in the process of formulating common law rules. The article is written in response to the views expressed by some Justices of the Michigan Supreme Court that separation of powers concerns should impose significant limits on the power of the courts to establish and develop the common law of Michigan. Specifically, the contention is (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  41. Robin A. Hodgkin (1982). Where Law and Order Start: The Genesis of Boundaries and Norms. Journal of Moral Education 11 (2):101-111.score: 30.0
    Abstract This paper deals with the asymmetrical manner in which people perceive norms: sometimes these are seen as mere restraints, and sometimes??from a higher viewpoint??they can be seen as constituent elements in the structure of a group. A model of this is offered from ethology??the process of boundary stabilization in a nesting colony of gulls. Symbolic activity is often associated with such boundaries and this too has a two?level appearance. The creative achievement of language is discussed. A parallel is (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  42. Ajit Narayanan & Sharon Hibbin (2001). Can Animations Be Safely Used in Court? Artificial Intelligence and Law 9 (4):271-294.score: 30.0
    As courts become increasingly technologically sophisticated, it can be expected that the use of the latest visualisation techniques will also increase to make the most of this technology. In particular, the use of computer-generated animations can be expected to become more dominant. There is, however, very little research into the effects of animated evidence on jurors and other members of the judicial process. This paper investigates whether there is a difference in the quality and robustness of memories formed (...)
    Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  43. Jingxiong Wu (1936). The Art of Law and Other Essays Juridical and Literary. Commercial Press.score: 30.0
    The art of law -- Proportionality between means and ends: a study in the art of law -- The function of legal methods in the balancing of interests: a study in the judicial process -- The legal systems of old and new China: a comparison -- Two forms of tortious liability in the modern Chinese law -- The problem of extraterritoriality in China -- A note on Rizæff Frères v. the Soviet Mercantile Fleet -- A note on the (...)
     
    My bibliography  
     
    Export citation  
  44. Charles P. Nemeth (2008). Aquinas on Crime. St. Augustine's Press.score: 30.0
    Aquinas and the idea of law -- Aquinas on criminal culpability -- Crimes against the person -- Aquinas on sexual offenses -- Aquinas on property offenses -- Offenses involving judicial process -- Aquinas on offenses against public morality -- Law, justice, sentencing and punishment.
     
    My bibliography  
     
    Export citation  
  45. Rūta Petkuvienė (2013). Justice and Equity Within Civil Process. Jurisprudence 20 (3):1061-1080.score: 30.0
    The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in the court. (...)
    Translate to English
    | Direct download (4 more)  
     
    My bibliography  
     
    Export citation  
  46. Andrew Arato (2005). Constitutional Learning. Theoria 44 (106):1-36.score: 24.0
    Constitutional politics has returned in our time in a truly dramatic way. In the last 25 years, not only in the new or restored democracies of South and East Europe, Latin America and Africa, but also in the established liberal or not so liberal democracies of Germany, Italy, Japan, Israel, New Zealand, Canada and Great Britain, issues of constitution-making, constitutional revision and institutional design or redesign have been put on the political agenda. Even in the United States, given the new (...)
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  47. Meghan Benton (2010). The Tyranny of the Enfranchised Majority? The Accountability of States to Their Non-Citizen Population. Res Publica 16 (4):397-413.score: 24.0
    The debate between legal constitutionalists and critics of constitutional rights and judicial review is an old and lively one. While the protection of minorities is a pivotal aspect of this debate, the protection of disenfranchised minorities has received little attention. Policy-focused discussion—of the merits of the Human Rights Act in Britain for example—often cites protection of non-citizen migrants, but the philosophical debate does not. Non-citizen residents or ‘denizens’ therefore provide an interesting test case for the theory of rights as (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  48. Jay Katz (1984/2002). The Silent World of Doctor and Patient. Johns Hopkins University Press.score: 24.0
    In this eye-opening look at the doctor-patient decision-making process, physician and law professor Jay Katz examines the time-honored belief in the virtue of silent care and patient compliance. Historically, the doctor-patient relationship has been based on a one-way trust -- despite recent judicial attempts to give patients a greater voice through the doctrine of informed consent. Katz criticizes doctors for encouraging patients to relinquish their autonomy, and demonstrates the detrimental effect their silence has on good patient care. Seeing (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  49. Christoph Möllers (2011). Multi-Level Democracy. Ratio Juris 24 (3):247-266.score: 24.0
    Modern democratic polities regularly operate at several political levels. In the case of the EU at the level of the member-states and the EU itself, and in addition at federal, regional, and municipal levels. Is there any democratic rule to determine which level is more legitimate than the others? The article argues that from a majoritarian perspective there is none. Individual citizens may have quite different preferences with regard to the level that is of particular political importance for them. The (...)
    Direct download (8 more)  
     
    My bibliography  
     
    Export citation  
  50. Peter Cane & Herbert M. Kritzer (eds.) (2010). The Oxford Handbook of Empirical Legal Research. Oxford University Press.score: 24.0
    The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
1 — 50 / 1000