The Legal Process and the Promise of Justice: Studies Inspired by the Work of Malcolm Feeley (Cambridge Studies in Law and Society)

Cambridge University Press, 6/13/2019
EAN 9781108415682, ISBN10: 1108415687

Hardcover, 400 pages, 23.4 x 15.7 x 2.4 cm
Language: English

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.

Introduction Jonathan Simon, Hadar Aviram and Rosann Greenspan
Part I. The Process is the Punishment
1. Adversarial bias and the criminal process
infusing the organizational perspective on criminal courts with insights from behavioral science Hadar Aviram
2. Malcolm Feeley's concept of law Issa Kohler-Hausmann
3. Process as intergenerational punishment
are children casualties of parental court experiences? Kay Levine and Volkan Topalli
4. The process is the problem Shauhin Talesh
Part II. Court Reform on Trial
5. Vaping on trial
e-cigarettes, law, and society Eric Feldman
6. Japanese court reform on trial David T. Johnson and Setsuo Miyazawa
7. Court reform and comparative criminal justice David Nelken
8. The birth of the penal organization
why prisons were born to fail Ashley T. Rubin
9. The misbegotten
infanticide in Victorian England Lawrence M. Friedman
Part III. Judicial Policymaking and the Modern State
10. Judicial deference in the modern state Lauren B. Edelman
11. Judges, labor, and economic inequality Paul Frymer
12. Administrative 'states' of judicial policy on gender-motivated violence Christine B. Harrington
13. Can courts abolish mass incarceration? Jonathan Simon
14. Policy making by out-of-court settlements
intelligence informers at the Israeli High Court of Justice Menachem Hofnung
Part IV. Political Liberalism and the Legal Complex
15. The international legal complex
Wang Yu and the global response to repression of China's political lawyers Terence C. Halliday
16. The legal profession's promise of justice
choices and challenges in legal and socio-legal work Mark Fathi Massoud
17. The varieties of judicial independence and the judiciary's role in political reform Edward L. Rubin
18. The legal complex and lawyers-in-chief Kim Lane Scheppele.