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Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis is a comprehensive and cohesive collection of investigative essays written by significant contributors in the field of comparative judicial institutions and politics. These essays seek to explain the judicial systems of different nations and analyze their implications. The book is divided into three parts. Part I deals with the integration of courts into the study of politics and conceptual frameworks in comparative cross-national legal and judicial research. Part II covers analyses of the judicial systems of a certain nation, while Part III compares and analyzes judicial systems of different nations as well as their judicial background in relation to their subculture. The text is recommended for lawyers as well as those in the field of political science and in the judicial branch, especially those who are looking to countries as examples for the improvement of their local systems.
La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.
This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.
Bestselling COMPARATIVE CRIMINAL JUSTICE SYSTEMS, 4/e delivers a comprehensive--and intriguing--analysis comparing the various criminal justice systems throughout the world. Thoroughly revised and up to date, the Fourth Edition reflects the latest trends, issues, and information on international criminal justice, transnational organized crime and corruption, terrorism, and international juvenile justice. This proven text's unique topical approach examines important aspects of each type of justice system--common law, civil law, socialist law, and sacred (Islamic) law--which gives students a more solid understanding of the similarities and differences of each system. The authors use six model countries--China, England, France, Germany, Japan, Saudi Arabia--to illustrate the different types of law and justice systems in the context of specific countries, as well as the historical, political, economic, social, and cultural influences on each system. The book is packed with relevant examples, emphasizes critical thinking skills throughout, and includes an assortment of innovative learning tools to maximize student success. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
For junior/senior-level courses in Comparative (or International) Criminal Justice Systems, Comparative Criminology, and Comparative Government. Unique in approach, this is the only comparative criminal justice text that follows a natural progression from law, police, courts, to corrections, and that explores these topics, individually, by using over 30 different countries to show the different ways policing, adjudication, and corrections can be carried out.
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.
"The traditional state model, based on a domestic approach to rule of law, is currently evolving towards a new one, where international factors and relations play a prominent role. This trend is also characterized by the pre-eminence of executive powers, along with a weakening of parliamentary balances and judicial controls. This work seeks to answer two essential questions concerning the rule of law: how can citizens challenge public decisions affecting them, and what kinds of public decisions can be judicially controlled. Two groups of legal regulations are considered in this analysis: the so-called European legal tradition, covering nine national laws strongly influenced by Council of Europe legal standards since 1950, and the more recent body of European Union law. The authors conclude that the issue of individual guarantees vis-à-vis public powers should be carefully monitored in Europe."--
Comparative Judicial Politics synthesizes the now extensive scholarly work on judicial politics from around the world, focusing on legal traditions, lawyers, judges, constitutional review, international and transnational courts, and the impact and legitimacy of courts. It offers typologies where relevant and intentionally raises questions to challenge readers’ preconceptions of “best” practices.
In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.