Courting Peril

The Political Transformation of the American Judiciary

Nonfiction, Reference & Language, Law, Courts, Social & Cultural Studies, Political Science, Government, Public Affairs & Administration, Constitutional
Cover of the book Courting Peril by Charles Gardner Geyh, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Charles Gardner Geyh ISBN: 9780190602352
Publisher: Oxford University Press Publication: January 21, 2016
Imprint: Oxford University Press Language: English
Author: Charles Gardner Geyh
ISBN: 9780190602352
Publisher: Oxford University Press
Publication: January 21, 2016
Imprint: Oxford University Press
Language: English

The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

The rule of law paradigm has long operated on the premise that independent judges disregard extralegal influences and impartially uphold the law. A political transformation several generations in the making, however, has imperiled this premise. Social science learning, the lessons of which have been widely internalized by court critics and the general public, has shown that judicial decision-making is subject to ideological and other extralegal influences. In recent decades, challenges to the assumptions underlying the rule of law paradigm have proliferated across a growing array of venues, as critics agitate for greater political control of judges and courts. With the future of the rule of law paradigm in jeopardy, this book proposes a new way of looking at how the role of the American judiciary should be conceptualized and regulated. This new, "legal culture paradigm" defends the need for an independent judiciary that is acculturated to take law seriously but is subject to political and other extralegal influences. The book argues that these extralegal influences cannot be eliminated but can be managed, by balancing the needs for judicial independence and accountability across competing perspectives, to the end of enabling judges to follow the "law" (less rigidly conceived), respect established legal process, and administer justice.

More books from Oxford University Press

Cover of the book Emerging Adults and Substance Use Disorder Treatment by Charles Gardner Geyh
Cover of the book Colonel House by Charles Gardner Geyh
Cover of the book Restoring Layered Landscapes by Charles Gardner Geyh
Cover of the book Reconstructing the Cold War by Charles Gardner Geyh
Cover of the book The Taliban Reader by Charles Gardner Geyh
Cover of the book Eating Earth by Charles Gardner Geyh
Cover of the book For The Love of Music by Charles Gardner Geyh
Cover of the book Equal Citizenship and Public Reason by Charles Gardner Geyh
Cover of the book The Reformation of Feeling by Charles Gardner Geyh
Cover of the book Strange Nation by Charles Gardner Geyh
Cover of the book Tree of Souls by Charles Gardner Geyh
Cover of the book Forked by Charles Gardner Geyh
Cover of the book Evidence-based Social Work Practice: Oxford Bibliographies Online Research Guide by Charles Gardner Geyh
Cover of the book Understanding Sound Tracks Through Film Theory by Charles Gardner Geyh
Cover of the book Split Screen Nation by Charles Gardner Geyh
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy