Courts on Trial: Myth and Reality in American JusticePrinceton University Press, 21 de set. 1973 - 441 pàgines CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals. |
Continguts
THE NEEDLESS MYSTERY OF COURTHOUSE GOVERN MENT | 1 |
FIGHTS AND RIGHTS | 5 |
FACTS ARE GUESSES | 14 |
MODERN LEGAL MAGIC | 37 |
WIZARDS AND LAWYERS | 62 |
THE FIGHT THEORY VERSUS THE TRUTH THEORY | 80 |
THE PROCEDURAL REFORMERS | 103 |
THE JURY SYSTEM | 108 |
THE CULT OF THE ROBE | 254 |
PRECEDENTS AND STABILITY | 262 |
CODIFICATION | 290 |
LEGISLATION AND JUDICIAL INTERPRETATION | 292 |
CONSTITUTIONSTHE MERRYGOROUND | 310 |
LEGAL REASONING | 316 |
DA CAPO | 326 |
THE ANTHROPOLOGICAL APPROACH | 330 |
DEFENSES OF THE JURY SYSTEMPROPOSED REFORMS | 126 |
ARE JUDGES HUMAN? | 146 |
PSYCHOLOGICAL APPROACHES | 157 |
CRITICISM OF TRIALCOURT DECISIONSTHE GESTALT | 165 |
A TRIAL AS A COMMUNICATIVE PROCESS | 186 |
LEGAL SCIENCE AND LEGAL ENGINEERING | 190 |
THE UPPERCOURT MYTH | 222 |
LEGAL EDUCATION | 225 |
SPECIAL TRAINING FOR TRIAL JUDGES | 247 |