Politics and the Courts: Toward a General Theory of Public LawBloomsbury Academic, 1992 M02 28 - 168 páginas In the public law area, there is an understanding that judicial decision making is not always objective, that the courts are not constrained by the law and the facts of the case, and that courts are actually policy makers influenced by extraneous factors that have little to do the legal and factual matters of a case. Through a combination of an integrative review of the relevant literature in the public law area and new case studies researched by the author, Barbara Yarnold argues that the public law area has discarded the traditional view of the judiciary as a passive interpreter of the law who truly weigh the facts of each case. She examines political and environmental variables that have been used to explain judicial outcomes and develops an original general theory of public law explaining under what circumstances political variables impact court decisions, and when region, as an environmental variable, is related to judicial outcomes. |
Dentro del libro
Resultados 1-3 de 9
... According to Lawson ( 1984 ) , the primary objective of the new sex crime legislation in Illinois was to increase convictions . Past laws tended to impair prosecution efforts because prosecutors had to establish that the victim did not ...
... According to Farrell ( 1985 : 16 ) : Kaine was not brought to court " for fear that he would be rescued from the custody of the law by a mob . " In 1853 a circuit court judge ordered his release mainly on the grounds that there was ...
... according to some , promotes promiscuity and hence endangers the traditional homemaker role of women . Others ( Johnson et al . 1990 ) agree , noting that the abortion movement in the United States is divided on cultural grounds , with ...
Contenido
When Do Political Factors Affect Judicial | 7 |
Region | 53 |
Part II | 68 |
Derechos de autor | |
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Politics and the Courts: Toward a General Theory of Public Law Barbara M. Yarnold Sin vista previa disponible - 1992 |