legal architecture justice due process and the place of law

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Legal Architecture

Author : Linda Mulcahy
ISBN : 9781136862182
Genre : Architecture
File Size : 32. 63 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 : 20. 21 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 : 21. 35 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.

Access To Justice And Legal Aid

Author : Asher Flynn
ISBN : 9781509900862
Genre : Law
File Size : 82. 25 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.

Acoustic Jurisprudence

Author : James E K Parker
ISBN : 9780191054662
Genre : Law
File Size : 34. 87 MB
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Between September 2006 and December 2008, Simon Bikindi stood trial at the International Criminal Tribunal for Rwanda, accused of inciting genocide with his songs. In the early 1990s, Bikindi had been one of Rwanda's most well-known and popular figures - the country's minister for culture and its most famous and respected singer. But by the end of 1994, his songs had quite literally soundtracked a genocide. Acoustic Jurisprudence is the first detailed study of the trial that followed. It is also the first work of contemporary legal scholarship to address the many relations between law and sound, which are of much broader importance but which this trial very conspicuously raises. One half of the book addresses the Tribunal's 'sonic imagination'. How did the Tribunal conceive of Bikindi's songs for the purposes of judgment? How did it understand the role of radio and other media in their transmission? And with what consequences for Bikindi? The other half of the book is addressed to how such concerns played out in court. Bikindi's was a 'musical trial', as one judge pithily observed. Audio and audio-visual recordings of his songs were played regularly throughout. Witnesses, including Bikindi himself, frequently sang, both of their own accord and at the request of the Tribunal. Indeed, Bikindi even sang his final statement. All the while, judges, barristers, and witnesses alike spoke into microphones and listened through headphones. As a result, the Bikindi case offers an ideal opportunity to explore what this book calls the 'judicial soundscape'. Through the lens of the Bikindi trial, the book's most important innovation is to open up the field of sound to jurisprudential inquiry. Ultimately, it is an argument for a specifically acoustic jurisprudence.

Cultural Legal Studies

Author : Cassandra Sharp
ISBN : 9781317626251
Genre : Law
File Size : 34. 86 MB
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What can law’s popular cultures do for law, as a constitutive and interrogative critical practice?? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory.? Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.

Family Justice

Author : John Eekelaar
ISBN : 9781782253495
Genre : Law
File Size : 68. 64 MB
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This book is about the delivery of family justice in England and Wales, focusing on the work of the family judiciary in the lower courts. The policy context is moving so rapidly that the authors have gone beyond presenting their empirical findings to offer a broader consideration of the nature and role of the family justice system, as these are in danger of being lost amid present reform proposals. The first four chapters are historical and comparative, examining assumptions about family justice and offering a defence of the role of legal rights in family life, and the importance of good policy-making balancing outcome- and behaviour-focused approaches to family justice. Comparative examples from the US and Australia show how new approaches to family justice can be successfully deployed. The next three chapters are empirical, including a typology of the roles played and tasks addressed by the judges, overturning the commonly held assumption that the central judicial role is adjudication, emphasising the extent to which judges integrate outcome- and behaviour-focused approaches to family justice, and giving a detailed account of the daily work of circuit and district judges and legal advisers. The conclusion is that there is a trend across jurisdictions, driven by technological innovation and by economic constraints, to reduce the role of courts and lawyers in favour of individual choices based on private or government-funded information sources. While these developments can be beneficial, they also have dangers and limitations. The final chapter argues that despite the move to privatised forms of dispute resolution, family justice still demands a sound judicial structure.

The Art Of Law In Shakespeare

Author : Paul Raffield
ISBN : 9781509905485
Genre : Law
File Size : 45. 30 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).

Advances In Social And Organizational Factors

Author : Peter Vink
ISBN : 9781439870198
Genre : Technology & Engineering
File Size : 37. 57 MB
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An exploration of how ergonomics can contribute to the solution of important societal and engineering challenges, Advances in Social and Organizational Factors discusses the optimization of sociotechnical systems, including their organizational structures, policies, and processes. It includes coverage of communication, crew resource management, work design, design of working times, teamwork, participatory design, community ergonomics, cooperative work, new work paradigms, organizational culture, virtual organizations, telework, and quality management. The book provides research on urban infrastructures and how to shape urban spaces, including stadiums and museums. It covers warning systems in cars, voice-based interfaces, and the positive effects on manufacturing processes available from health informatics and management systems. Several chapters examine the role human factors can play in counter-terrorism efforts and in interpreting deceptive behaviors. They provide suggestions on how to improve enterprise resource planning systems and stress the importance of lifelong learning, personalized learning, and work-life balance. The book also highlights issues with special populations, detailing how to design and adapt products and work situations for these groups. In addition to exploring the challenges faced in optimizing sociotechnical systems, the book underlines themes that play a role in all the challenges and how they are linked to each other. It concludes with an exploration of emotional ergonomics and the important positive effects of making people happy and healthy. With chapter authors from around the globe, the book supplies a broad look at current challenges and possible solutions.

Performing Judicial Authority In The Lower Courts

Author : Sharyn Roach Anleu
ISBN : 9781137521590
Genre : Social Science
File Size : 80. 8 MB
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Judicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court.

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