Narratives Of Justice In And Out Of The Courtroom

Author : Dubravka Zarkov,Marlies Glasius
Publisher : Springer Science & Business Media
Page : 188 pages
File Size : 47,7 Mb
Release : 2014-04-14
Category : Psychology
ISBN : 9783319040578

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Narratives of Justice In and Out of the Courtroom by Dubravka Zarkov,Marlies Glasius Pdf

This volume considers the dynamic relations between the contemporary practices of international criminal tribunals and the ways in which competing histories, politics and discourses are re-imagined and re-constructed in the former Yugoslavia and beyond. There are two innovative aspects of the book - one is the focus on narratives of justice and their production, another is in its comparative perspective. While legal scholars have tended to analyze transitional justice and the international war tribunals in terms of their success or failure in establishing the facts of war crimes, this volume goes beyond mere facts and investigates how the courts create a symbolic space within which competing narratives of crimes, perpetrators and victims are produced, circulated and contested. It analyzes how international criminal law and the courts gather, and in turn produce, knowledge about societies in war, their histories and identities, and their relations to the wider world. Moreover, the volume situates narratives of transitional justice in former Yugoslavia both within specific national spaces - such as Serbia, and Bosnia - and beyond the Yugoslav. In this way it also considers experiences from other countries and other times (post-World War II) to offer a sounding board for re-thinking the meanings of transitional justice and institutions within former Yugoslavia. Included in the volume's coverage is a look at the Rwandan tribunals, the trials of Charles Taylor, Radovan Karadzic, the Srebrenica genocide, and other war crimes and criminals in the Yugoslav. Finally, it frames all of those narratives and experiences within the global dynamics of legal, social and geo-political transformations, making it an excellent resource for social science researchers, human rights activists, those interested in the former Yugoslavia and international relations, and legal scholars.

Author : Peter Brooks,Paul Gewirtz
Publisher : Yale University Press
Page : 316 pages
File Size : 45,8 Mb
Release : 1996-01-01
Category : Law
ISBN : 0300146299

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Law's Stories by Peter Brooks,Paul Gewirtz Pdf

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

Author : W. Lance Bennett,Martha S. Feldman
Publisher : Quid Pro Books
Page : 194 pages
File Size : 41,8 Mb
Release : 2014-03-13
Category : Law
ISBN : 9781610272308

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Reconstructing Reality in the Courtroom by W. Lance Bennett,Martha S. Feldman Pdf

Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.

Author : Susan Shreve,Porter Shreve
Publisher : Beacon Press
Page : 212 pages
File Size : 49,6 Mb
Release : 1997
Category : Law
ISBN : 0807044075

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Outside the Law by Susan Shreve,Porter Shreve Pdf

Seventeen original pieces of writing that use powerful storytelling to define justice, to give it a face, and to show how it affects the lives of every one of us. Includes contributions from Julia Alvarez, Richard Bausch, Madison Smartt Bell, Blanche McCrary Boyd, John Casey, Michael Dorris, Garrett Hongo, Charles Johnson, Alex Kotlowitz, Beverly Lowry, Martha Minow, Clarence Page, Sarah Pettit, Ntozake Shange, Susan Richards Shreve, Gerald M. Stern, Daniel J. Wideman, and John Edgar Wideman.

Author : Barrie Sander
Publisher : Oxford University Press
Page : 385 pages
File Size : 44,5 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780192586094

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Doing Justice to History by Barrie Sander Pdf

As communities struggle to make sense of mass atrocities, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of episodes of mass violence. Taking these expectations as its point of departure, this book seeks to understand international criminal courts through the prism of their historical function. The book critically examines how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated. The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their interpretations of the past. By examining these struggles within different institutional settings, the book uncovers the legitimating qualities of international criminal judgments. In particular, it illuminates what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested within and beyond the courtroom.

Author : Carsten Stahn
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 50,7 Mb
Release : 2020-05-28
Category : Law
ISBN : 9780198864189

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Justice As Message by Carsten Stahn Pdf

International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.

Author : Peter Burke
Publisher : Unknown
Page : 332 pages
File Size : 52,7 Mb
Release : 1859
Category : Law
ISBN : HARVARD:HWPXB8

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Recollections of the Court Room by Peter Burke Pdf

Author : Christie Blatchford
Publisher : Anchor Canada
Page : 386 pages
File Size : 51,6 Mb
Release : 2017-11-28
Category : Social Science
ISBN : 9780385667982

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Life Sentence by Christie Blatchford Pdf

A beloved crime reporter revisits some of her biggest assignments and passes judgement on our judicial system--especially its judges. When Christie Blatchford wandered into a Toronto courtroom in 1978 for the start of the first criminal trial she would cover as a newspaper reporter, little did she know she was also at the start of a self-imposed life sentence. She has been reporting from Canadian courtrooms for the Toronto Star, The Globe and Mail and the National Post ever since. Back in '78, she loved the courts, lawyers and judges, and that persisted for many years. But slowly, surely, she suffered a loss of faith. What happened? It was at the Mike Duffy trial she had the epiphany: That judges are the new senators, unelected, unaccountable and overly entitled. Yet unlike senators, they continue to get away with it because any questioning by government or its agents is deemed an intrusion onto judicial independence. In her explosive new book, Christie Blatchford revisits trials from throughout her career and asks the hard questions--about judges playing with the truth--through editing of criminal records, whitewashing of criminal records, pre-trial rulings that kick out evidence the jury can't hear. She discusses bad or troubled judges--how and why they get picked, and what can be done about them. And shows how judges are handmaidens to the state, as in the Bernardo trial when a small-town lawyer and an intellectual writer were pursued with more vigor than Karla Homolka. For anyone interested in the political and judicial fabric of this country, Life Sentence is a remarkable, argumentative, insightful and important book.

Author : Johnny Dwyer
Publisher : Vintage
Page : 370 pages
File Size : 46,6 Mb
Release : 2020-09-08
Category : Political Science
ISBN : 9781101970188

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The Districts by Johnny Dwyer Pdf

Johnny Dwyer examines the New York crimes we’ve seen in the news, in movies, and on television—drug trafficking, organized crime, terrorism, corruption, and white-collar crime—while weaving in the nuances that rarely make it into headlines. “Told in the kind of pointillist detail that can only come from years of hanging around the courthouse and doing old-school shoe-leather reporting.” —Patrick Radden Keefe, author of Say Nothing The Rosenbergs, Rudy Giuliani, Bernie Madoff, James Comey, John Gotti, Preet Bharara, and El Chapo are just a few of the figures to have appeared before the courts in the Southern and Eastern District of New York—the two federal courts tasked with maintaining order in New York City. These two epicenters of power in our justice system have become proving grounds for ambitious prosecutors who turn their service in government into power, position, and, in some cases, celebrity. These attorneys don’t hope for victory in court; they expect it. In The Districts, Johnny Dwyer takes us not just into the courtrooms but also into the lives of the judges and defendants, prosecutors and defense counsels, and winners and losers who people the courts. An unprecedented look at New York City’s federal court system that exposes the incentives driving how America chooses to punish crime—and what those choices reveal about our politics and our society—The Districts paints a revelatory picture of how our justice system, and the pursuit of justice, really works.

Author : Peter Burke
Publisher : Unknown
Page : 322 pages
File Size : 54,5 Mb
Release : 2015-07-09
Category : Biography & Autobiography
ISBN : 1331062802

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Recollections of the Court Room, Or Narratives, Scenes and Anecdotes From Courts of Justice (Classic Reprint) by Peter Burke Pdf

Excerpt from Recollections of the Court Room, or Narratives, Scenes and Anecdotes From Courts of Justice The popularity of the "Recollections of the Court Room" in England, has induced the American publishers to issue the work uniform with the series of tales known as "The Confessions of an Attorney," "Experiences of a Barrister," etc.; works which have had extraordinary success. This edition is not an exact reprint of the English one; many errors, to be attributed to haste, have been corrected; much matter, of a local interest merely, has been omitted, and several narratives, among which are those entitled Eugene Aram, The Force of Fear, The Unlawful Gift, etc., have been added. In addition to the fact that these tales are authentic, it is certain that their aim and tendency are good; they are pure, and they are instructive as well as interesting. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Sandra Day O'Connor
Publisher : Random House Trade Paperbacks
Page : 258 pages
File Size : 44,7 Mb
Release : 2014-02-25
Category : Law
ISBN : 9780812984323

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Out of Order by Sandra Day O'Connor Pdf

NEW YORK TIMES BESTSELLER • From the first woman to sit on the United States Supreme Court comes this fascinating book about the history and evolution of the highest court in the land. “[A] succinct, snappy account of how today’s court—so powerful, so controversial and so frequently dissected by the media—evolved from such startlingly humble and uncertain beginnings.”—The New York Times Out of Order sheds light on the centuries of change and upheaval that transformed the Supreme Court from its uncertain beginnings into the remarkable institution that thrives and endures today. From the early days of circuit-riding, when justices who also served as trial judges traveled thousands of miles per year on horseback to hear cases, to the changes in civil rights ushered in by Earl Warren and Thurgood Marshall; from foundational decisions such as Marbury v. Madison to modern-day cases such as Hamdi v. Rumsfeld, Justice O’Connor weaves together stories and lessons from the history of the Court, charting turning points and pivotal moments that have helped define our nation’s progress. With unparalleled insight and her unique perspective as a history-making figure, Justice O’Connor takes us on a personal exploration, painting vivid pictures of Justices in history, including Oliver Wendell Holmes Jr., one of the greatest jurists of all time; Thurgood Marshall, whose understated and succinct style would come to transform oral argument; William O. Douglas, called “The Lone Ranger” because of his impassioned and frequent dissents; and John Roberts, whom Justice O’Connor considers to be the finest practitioner of oral argument she has ever witnessed in Court. We get a rare glimpse into the Supreme Court’s inner workings: how cases are chosen for hearing; the personal relationships that exist among the Justices; and the customs and traditions, both public and private, that bind one generation of jurists to the next—from the seating arrangements at Court lunches to the fiercely competitive basketball games played in the Court Building’s top-floor gymnasium, the so-called “highest court in the land.” Wise, candid, and assured, Out of Order is a rich offering of inspiring stories of one of our country’s most important institutions, from one of our country’s most respected pioneers.

Author : Nanci Adler
Publisher : Rutgers University Press
Page : 329 pages
File Size : 54,8 Mb
Release : 2018-06-22
Category : Law
ISBN : 9780813597782

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Understanding the Age of Transitional Justice by Nanci Adler Pdf

Since the 1980s, an array of legal and non-legal practices—labeled Transitional Justice—has been developed to support post-repressive, post-authoritarian, and post-conflict societies in dealing with their traumatic past. In Understanding the Age of Transitional Justice, the contributors analyze the processes, products, and efficacy of a number of transitional justice mechanisms and look at how genocide, mass political violence, and historical injustices are being institutionally addressed. They invite readers to speculate on what (else) the transcripts produced by these institutions tell us about the past and the present, calling attention to the influence of implicit history conveyed in the narratives that have gained an audience through international criminal tribunals, trials, and truth commissions. Nanci Adler has gathered leading specialists to scrutinize the responses to and effects of violent pasts that provide new perspectives for understanding and applying transitional justice mechanisms in an effort to stop the recycling of old repressions into new ones.

Author : Michael Hanne,Robert Weisberg
Publisher : Cambridge University Press
Page : 439 pages
File Size : 51,7 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781108422796

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Narrative and Metaphor in the Law by Michael Hanne,Robert Weisberg Pdf

Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.

Author : Tatiana Grieshofer
Publisher : Unknown
Page : 86 pages
File Size : 53,9 Mb
Release : 2024-05-03
Category : Language Arts & Disciplines
ISBN : 9781009378017

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Legal-Lay Discourse and Procedural Justice in Family and County Courts by Tatiana Grieshofer Pdf

Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties - private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.

Author : Ruth O'Brien
Publisher : Cornell University Press
Page : 259 pages
File Size : 42,8 Mb
Release : 2018-09-05
Category : Literary Collections
ISBN : 9781501724459

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Telling Stories Out of Court by Ruth O'Brien Pdf

"Few of the countless real-life stories of workplace discrimination suffered by men and women every day are ever told publicly. This book boldly and eloquently rights that wrong, going where no plaintiff testimony could ever dare because these stories are often too raw, honest, ambiguous, and nuanced to be told in court or reported in a newspaper."—from the Foreword Telling Stories Out of Court reaches readers on both an intellectual and an emotional level, helping them to think about, feel, and share the experiences of women who have faced sexism and discrimination at work. It focuses on how the federal courts interpreted Title VII of the Civil Rights Act of 1964. Offering insights that law texts alone cannot, the short stories collected here—all but two written for this volume—help readers concentrate on the emotional content of the experience with less emphasis on the particulars of the law. Grouped into thematic parts titled "In Their Proper Place," "Unfair Treatment," "Sexual Harassment," and "Hidden Obstacles," the narratives are combined with interpretive commentary and legal analysis that anchor the book by revealing the impact this revolutionary law had on women in the workplace. At the same time, the stories succeed on their own terms as compelling works of fiction, from "LaKeesha's Job Interview," in which a woman's ambition to move from welfare to work faces an ironic obstacle, to "Plato, Again," in which a woman undergoing treatment for cancer finds her career crumble under her, to "Vacation Days," which takes the reader inside the daily routine of a nanny who works at the whim of her employer.