Justice Without Law

In this century, however, the communitarian search for justice without law has
deteriorated beyond recognition into a stunted off-shoot of the legal system. The
historical progression is clear: from community justice without formal legal ...

Author: Jerold S. Auerbach

Publisher: Oxford University Press on Demand

ISBN: 9780195034479

Category: Language Arts & Disciplines

Page: 182

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An examination of various types of litigation - arbitration, mediation, and conciliation.

The Enterprise of Law

Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government.

Author: Bruce L. Benson

Publisher: Independent Inst

ISBN: 1598130447

Category: Law

Page: 397

View: 191

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In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state’s monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor—or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

Justice Without Law

8 In this century, however, the communitarian search for justice without law has
deteriorated beyond recognition into a stunted off-shoot of the legal system. The
historical progression is clear: from community justice without formal legal ...

Author: Jerold S. Auerbach Wellesley College

Publisher: Oxford University Press, USA

ISBN: 9780199729647

Category: Justice, Administration of

Page: 208

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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.

Justice Without Trial

Every student of law and society knows this book, and it is available again with a new Foreword by Candace McCoy and a new Preface by the author.

Author: Jerome H. Skolnick

Publisher: Quid Pro Books

ISBN: 9781610270663

Category: Law

Page: 306

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New Fourth Edition of the acclaimed and foundational study of police culture and practice, political accountability, application of and obedience to the rule of law in stops and arrests, and the dilemma of law versus order in free societies -- by the renowned sociologist Jerome Skolnick using innovative and influential research techniques in law and criminology. A respected scholar of the early law and society movement, Skolnick interviewed police and criminals, rode extensively with detectives and attended interrogations, and ultimately saw police conduct and mentality from the inside, before such methodology became popular. Every student of law and society knows this book, and it is available again with a new Foreword by Candace McCoy and a new Preface by the author. Fifty years after his innovative research began, the continuity and change of policing and law is seen again, in all its richness and nuance.

Law without Justice

Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work.

Author: Paul H. Robinson

Publisher: Oxford University Press

ISBN: 0198036310

Category: Law

Page: 336

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If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.

Law Without Lawyers Justice Without Courts

Auerbach, J.S. (1983), Justice Without Law?, Oxford University Press, New York.
Australian Law Reform Commission (August 1997), Review of the adversarial
system of litigation: Rethinking legal education and training, Issues paper 21, ...

Author: Bee Chen Goh

Publisher: Routledge

ISBN: 9781351922661

Category: Law

Page: 168

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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.

Doing Justice Without the State

Publisher Description

Author: O. Oko Elechi

Publisher: Taylor & Francis

ISBN: 9780415977296

Category: Law

Page: 260

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This study examines the principles and practices of the Afikpo (Eugbo) Nigeria indigenous justice system in contemporary times. Like most African societies, the Afikpo indigenous justice system employs restorative, transformative and communitarian principles in conflict resolution. This book describes the processes of community empowerment, participatory justice system and how regular institutions of society that provide education, social and economic support are also effective in early intervention in disputes and prevention of conflicts.

Bedouin Law from Sinai and the Negev

Justice Without Government Clinton Bailey. The. Role. of. Collective.
Responsibility. in. Achieving. Justice. The Workings of the Clan (khamsa)
MUTUAL LIABILITY In addition to the various ways by which Bedouin law utilizes
honor and private ...

Author: Clinton Bailey

Publisher: Yale University Press

ISBN: 9780300153255

Category: History

Page: 396

View: 973

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New Jersey Law Reports

Tucker . justice may put off , may delay the trial for any time not exceeding fifteen
days . ... They intended to provide tribunals which , in these small causes , should
render speedy justicejustice without procrastination or delay ; and for this ...

Author: New Jersey. Supreme Court

Publisher:

ISBN: UOM:35112101853986

Category: Law reports, digests, etc

Page:

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Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas

It is not necessary for a defendant to file a written answer to the complaint or
affidavit in replevin in the justice ' s court , or in the Circuit Court on appeal . He
can defend in the Circuit Court without any answer at all in the justice ' s court . 2 .

Author: Arkansas. Supreme Court

Publisher:

ISBN: HARVARD:32044078574100

Category: Law reports, digests, etc

Page:

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A Guide to the Law and Practice of Petty Sessions

2 enacts that for any act done by a justice in a matter of which by law he has not
jurisdiction , or in which he shall have exceeded his jurisdiction , any person
injured thereby may maintain an action against such justice without making the ...

Author: Edward Thomas Ayers

Publisher:

ISBN: OXFORD:N11108717

Category: Criminal procedure

Page: 134

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Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa

A motion to dismiss a writ of error to a justice of the peace , because an appeal in
the same case had been previously taken by the ... B A judgment in a proceeding
under a writ of error , without notice to defendant in error , is a nullity , Sprote v .

Author: Iowa. Supreme Court

Publisher:

ISBN: UOM:35112102707884

Category: Law reports, digests, etc

Page:

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Leading Cases in the Commercial Law of England and Scotland

We all remember the sound and manly opinion given by my Lord Chief Justice
here in the beginning of the last term , on a ... to the account of the holder of the
bill ; and this will satisfy the justice of the case , without infringing any rule of law .

Author: George Ross

Publisher:

ISBN: STANFORD:36105044230725

Category: Agency

Page:

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History of Latin Christianity including that of the Popes to the Pontificate of Nicolas V A continuation of The History of Christianity from the Birth of Christ etc

... Palermo sank to a provincial town , Sicily to a province . The Parliament had
fallen into desuetude ; it was an iron reign of force without justice , without law ,
without humanity , without mercy , without regard to morality , without
consideration ...

Author: Henry Hart Milman

Publisher:

ISBN: BL:A0022797103

Category:

Page:

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Justice Without Frontiers

The arms race takes on a legal and political complexion in the nuclear age,
which separates it from the arms races of the ... mankind, on which international
law and the United Nations cannot be without their message to the scientists
involved.

Author: C. G. Weeramantry

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041110985

Category: Political Science

Page: 684

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25. Agenda for Action.

South African Law Journal

The applicant looked to the Court for justice , and no fault could be found with a
man , whatever his position , in appealing to the highest tribunal in the land . And
we think , if it may be said without presumption , that the Chief Justice worthily ...

Author:

Publisher:

ISBN: UOM:35112204158812

Category: Law

Page:

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Old Times

... the prime law of life , and the item of " military affairs ” soon became an
important feature in their recorded deliberations . ... piety cannot bee maintained
without church ordinances & officrs , nor justice without laws & magistracy , no
more can ...

Author:

Publisher:

ISBN: NYPL:33433081782033

Category: Cumberland Center (Me.)

Page:

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The Stormy Petrel

man who had been chosen to conduct the examination because he had a little
smattering of the law and was therefore called “ Judge ” at the camp . Frank
Clayton , drawn ... We can deal out justice without law or lawyers . ” " Silence in
the ...

Author: John Bowles

Publisher:

ISBN: PRNC:32101066455534

Category: United States

Page: 349

View: 915

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