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Satisfactory evidence, though not all the evidence, of what the Common Law trial by jury really is'
Beginning with the serpent in the Garden of Eden and ending with O.J. Simpson, author George Anastaplo offers an exploration of justice and the rule of law through well-known trials both ancient and modern, real and fictional. On Trial is a detailed and fascinating discussion of legal reason, moral judgment, political life, and the events that give them meaning.
This volume features a body of work selected by Craig A. Evans, B. J. Oropeza, and Paul T. Sloan, designed to examine just what is meant by “intertextuality,” including metalepsis and the controversial and exciting approach known as “mimesis.” Beginning with an introduction from Oropeza that orients readers in a complex and evolving field, the contributors first establish the growing research surrounding the discipline before examining important texts and themes in the New Testament Gospels and epistles. Throughout, these essays critically evaluate new proposals relating to intertextuality and the function of ancient Scripture in the writings that eventually came to comprise the New Testament. With points of analysis ranging from multidimensional recontextualization and ancient Midrash in the age of intertextuality to Luke's Christology and multivalent biblical images, this volume amasses cutting-edge research on intertexuality and biblical exegesis.
Women criminal defense attorneys routinely handle cases that would grossly offend the sensibilities of the ordinary woman or man. Often asked to use their gender as a strategy to strengthen the defense, they struggle with myriad moral and ideological conflicts inherent in representing men accused of such violent crimes against women as rape, domestic abuse, and child molestation. This groundbreaking work explores how women attorneys manage those conflicts, how they use ideologies in defense of their work, and how they cope with the emotional stress of their professional lives. Drawing on extensive interviews and ethnographic research, Cynthia Siemsen presents thirteen provocative case studies to illustrate the unique interplay between ideology and emotion in these women. Skillfully blending the words of criminal attorneys themselves with a solid theoretical framework, she explores the ways in which women's perspectives about their identities, roles, and emotions evolve through three distinct stages: early, mid-career, and seasoned attorney. Siemsen argues convincingly that the stresses of public defense work, including dealing with such burdens as California's stringently enforced three-strikes law, create much more conflict for women than intrinsic contradictions between feminist beliefs and professional ideologies. The longer a woman practices law, the author finds, the better she becomes at managing her emotions by strictly adhering to the constitutional ideal of protecting individual rights. An appendix, "Ambivalent Identities: Men of Color Who Prosecute Their 'Own,'" offers a comparative viewpoint of the experiences of African American male prosecutors. This insightful volume offers a unique lens through which to view the work lives of women criminal defense attorneys and sheds new light on how they resolve and survive the moral dilemmas and emotional stress of their jobs.
Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.