legal architecture justice due process and the place of law

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Legal Architecture

Author : Linda Mulcahy
ISBN : 9781136862199
Genre : Architecture
File Size : 77. 99 MB
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Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.

Architecture And Justice

Author : Associate Dean of Jurisprudence and Social Policy and Professor of Law Jonathan Simon
ISBN : 9781317179382
Genre : Architecture
File Size : 71. 85 MB
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Bringing together leading scholars in the fields of criminology, international law, philosophy and architectural history and theory, this book examines the interrelationships between architecture and justice, highlighting the provocative and curiously ambiguous juncture between the two. Illustrated by a range of disparate and diverse case studies, it draws out the formal language of justice, and extends the effects that architecture has on both the place of, and the individuals subject to, justice. With its multi-disciplinary perspective, the study serves as a platform on which to debate the relationships between the ceremonial, legalistic, administrative and penal aspects of justice, and the spaces that constitute their settings. The structure of the book develops from the particular to the universal, from local situations to the larger city, and thereby examines the role that architecture and urban space play in the deliberations of justice. At the same time, contributors to the volume remind us of the potential impact the built environment can have in undermining the proper juridical processes of a socio-political system. Hence, the book provides both wise counsel and warnings of the role of public/civic space in affirming our sense of a just or unjust society.

The Spaces Of Justice

Author : Peter Robson
ISBN : 9781683930891
Genre : Law
File Size : 89. 44 MB
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This book looks at the architecture of the courts in Scotland and the importance of these civic spaces. Given the importance of courts to the legal experience it starts by exploring why scholars have been so reticent in examining spaces in which the administration of justice takes place. It notes the major changes already unfolding in Scotland and puts these into a historical and cultural context. The authors trace the emergence of the notion of the dedicated courtroom space in 19th century Scotland and the ways in which the courtroom setting affected the exercise of power through law. They show what factors led to the adoption of different architectural styles. They examine the changes in the legal, political and social world which drove such changes and how these changed in the 20th and 21st centuries. They also examine the symbolic functions of courts both internally and externally. They note the changes in the decision-makers and their goals in the 21st century and how this will lead to a very different kind of courtroom in the near future. They examine the wider factors affecting the process of litigation and trends in dispute resolution. They conclude that the goals of transparency and civil dignity have serious implications for the kinds of spaces which will serve as halls of justice in the future. Since these are driven, it seems, by financial imperatives it does not bode well for the retention of civic pride and community which the courts of justice might be said to embody.

The Art Of Law In Shakespeare

Author : Paul Raffield
ISBN : 9781509905492
Genre : Law
File Size : 64. 96 MB
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Through an examination of five plays by Shakespeare, Paul Raffield analyses the contiguous development of common law and poetic drama during the first decade of Jacobean rule. The broad premise of The Art of Law in Shakespeare is that the 'artificial reason' of law was a complex art form that shared the same rhetorical strategy as the plays of Shakespeare. Common law and Shakespearean drama of this period employed various aesthetic devices to capture the imagination and the emotional attachment of their respective audiences. Common law of the Jacobean era, as spoken in the law courts, learnt at the Inns of Court and recorded in the law reports, used imagery that would have been familiar to audiences of Shakespeare's plays. In its juridical form, English law was intrinsically dramatic, its adversarial mode of expression being founded on an agonistic model. Conversely, Shakespeare borrowed from the common law some of its most critical themes: justice, legitimacy, sovereignty, community, fairness, and (above all else) humanity. Each chapter investigates a particular aspect of the common law, seen through the lens of a specific play by Shakespeare. Topics include the unprecedented significance of rhetorical skills to the practice and learning of common law (Love's Labour's Lost); the early modern treason trial as exemplar of the theatre of law (Macbeth); the art of law as the legitimate distillation of the law of nature (The Winter's Tale); the efforts of common lawyers to create an image of nationhood from both classical and Judeo-Christian mythography (Cymbeline); and the theatrical device of the island as microcosm of the Jacobean state and the project of imperial expansion (The Tempest).

The Constitution Of The Criminal Law

Author : R. A. Duff
ISBN : 9780191655289
Genre : Law
File Size : 55. 49 MB
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The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.

Foundations Of Civil Justice

Author : Fabien Gélinas
ISBN : 9783319187754
Genre : Law
File Size : 55. 3 MB
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This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.

The Legal Architecture Of English Cathedrals

Author : Norman Doe
ISBN : 9781317333524
Genre : Religion
File Size : 22. 16 MB
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This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops’ Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today – old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.

Access To Justice And Legal Aid

Author : Asher Flynn
ISBN : 9781509900855
Genre : Law
File Size : 47. 97 MB
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This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Meine Geliebte Welt

Author : Sonia Sotomayor
ISBN : 9783406659485
Genre : Biography & Autobiography
File Size : 61. 11 MB
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Aufgewachsen in der Bronx, Puertoricanerin, die Kindheit prekär, der Vater Alkoholiker, die Mutter überfordert – Sonia Sotomayor war es nicht gerade in die Wiege gelegt, eines Tages Richterin am höchsten Gericht der Vereinigten Staaten von Amerika zu werden. Mit einem großen Herzen und viel Humor erzählt diese Ausnahmefrau von ihrem Weg, aber nicht um sich dabei auf die Schulter zu klopfen, sondern um anderen Menschen mit ihrer eigenen Geschichte Mut zu machen. Ein hinreißendes, ansteckendes Buch über das Trotzdem und über die – wirklich wichtigen – Dinge des Lebens. „’Nach der Lektüre werden mich die Leser nach menschlichen Kriterien beurteilen’, schreibt Sonia Sotomayor. Wir, die wir in diesem Fall die Jury sind, finden sie einfach unwiderstehlich.“ Washingtonian „Überwältigende und stark geschriebene Memoiren zum Thema Identität und Persönlichkeitsfindung ... Offenherzig, scharf beobachtet und vor allem tief empfunden.“ The New York Times „Eine Frau, die weiß, wo sie herkommt und die die Kraft hat, uns dorthin mitzunehmen.“ The New York Times Book Review

Legal Life Writing

Author : Linda Mulcahy
ISBN : 1119052165
Genre : Law
File Size : 62. 92 MB
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Legal Life–Writing provides the first sustained treatmentof the implications of life–writing on legal biography,autobiography and the visual history of law in society through afocus on neglected sources, and on those usually marginalized orignored in legal biography and legal history, such as women andminorities. Draws on a range of sources and disciplinary approachesincluding legal history, life–writing, sociology, history, arthistory, feminism and post–colonialism, seeking to build abridge–head between them Challenges the methodologies employed in conventional accountsof legal lives Aims to ignite debate about the nature of the relationshipbetween socio–legal studies and legal history Aims to enlarge the fields of legal biography, legal history,history and socio–legal studies, and to foster a closer and moreinter–disciplinary dialogue between these disciplines

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