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Books on the topic 'Judicial ideology'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

author, Waterman Richard W., ed. Checking the courts: Law, ideology, and contingent discretion. State University of New York Press, 2014.

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2

Political literacy: Rhetoric, ideology, and the possibility of justice. State University of New York Press, 1994.

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3

Minda, Gary. Boycott in America: How imagination and ideology shape the legal mind. Southern Illinois University Press, 1999.

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4

Shotwell, C. B. When labels fail: Politics, values, and ideology on the Supreme Court. Xlibris Co., 2007.

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5

Ideology in the language of judges: How judges practice law, politics, and courtroom control. Oxford University Press, 1998.

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6

Albuquerque, Mario Pimentel. O órgão jurisdicional e a sua função: Estudo sobre a ideologia, aspectos críticos e o controle do Poder Judiciário. Malheiros Editores, 1997.

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7

The legal ideology of removal: The southern judiciary and the sovereignty of Native American nations. University of Georgia Press, 2002.

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8

Instituto Brasileiro de Ciências Criminais. Decisões judiciais nos crimes de roubo em São Paulo: A lei, o direito e a ideologia. IBCCRIM, 2005.

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9

Judicial Selection Merit Ideology and Politics. National Legal Center for the, 1990.

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10

Segal, Jeffrey A. Ideology and Partisanship. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.2.

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The question of whether partisan or ideological preferences influence judicial decision-making has been the subject of numerous studies. Due to the strong correlation between party and ideology, scholars have often chosen to examine the combined effects of party and ideology. Recently, however, and in spite of the fact that correlation between party and ideology is growing, scholars have begun to investigate the independent effects of party and ideology by studying a unique group of election law cases, where partisan and ideological considerations often conflict. There has also been an emerging interest in identifying the causes behind the increased polarization of the Court. The increased polarized of the Senate is one posited theory.
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11

Law Ideology And Collegiality Judicial Behaviour In The Supreme Court Of Canada. McGill-Queen's University Press, 2012.

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12

Law Ideology And Collegiality Judicial Behaviour In The Supreme Court Of Canada. McGill-Queen's University Press, 2012.

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13

B, McGuigan Patrick, O'Connell Jeffrey P. 1946-, and Free Congress Research and Education Foundation. Institute for Government and Politics., eds. The Judges war: The Senate, legal culture, political ideology, and judicial confirmation. Institute for Government and Politics of the Free Congress Research and Education Foundation, 1987.

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14

Guo, Weiting. A Different Kind of War. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252040801.003.0003.

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In this chapter, Weiting Guo examines the history of extralegal executions in modern China. From the mid-nineteenth century to the mid-twentieth century, China witnessed the largest number of summary executions annually in its history. The extensive use of this extraordinary procedure in conjunction with the regular public executions by political regimes, local officials, and militia had considerable influence on modern Chinese legal culture. Drawing on a wide range of archival sources, Guo challenges the view that the prevalence of summary execution constituted merely instances of “lawlessness” and “abuses” of punishment. Guo argues by contrast that the approach of judicial economy, the competition between central and local governments, the continued trend of local militarization, and the ideology of popular justice all contributed to the “sanctioned” practice of summary execution. Moreover, Guo asserts that after the late 1830s, the practice of summary execution transformed from merely “expediency” in judicial procedure to extensive “exclusion” of local roughs or subversives that were perceived as evil or worthless.
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15

Henham, Ralph. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198718895.003.0009.

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This chapter draws together the book’s common themes and considers their broader implications for the future development of sentencing policy. It concludes that contemporary sentencing policy should reflect shared goals and engage with social priorities for the common good, so restoring the essential link between penal ideology and the socially lived experience of crime and punishment. Structural changes are therefore required to empower decision-makers by facilitating a principled engagement with social value at the point of sentencing. However, these suggestions depend upon developing judicial discretionary power in sentencing, not restricting it. Ultimately therefore, the success of the book’s proposals for a more egalitarian and community focused sentencing system will depend upon the strategies policy-makers adopt to restore public confidence and trust in discretionary justice and its ability to engage with social justice issues. The book ends by exploring what this might entail.
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16

Paulson, Stanley L. Hans Kelsen and Carl Schmitt. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.34.

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This chapter traces the intellectual relationship between Hans Kelsen and Carl Schmitt. It is well known that the two legal thinkers had sharply contrasting views on sovereignty, democracy, and the role of unity in the law and in politics. Less well known is Schmitt’s proximity, in his very early work, to Kelsen on certain issues, such as the “is”-“ought” distinction and “points of imputation.” This proximity was short-lived, and the discord between their views increased over time, culminating in the Weimar period in their diametrically opposed views on the “guardian” of the constitution. This chapter reconstructs the evolution of this intellectual antagonism, exploring Schmitt’s arguments under four rubrics: subsumption, the narrow interpretation of “material facts,” the political dimension of the judicial decision, and the neutrality of the Reich president. The thrust of Kelsen’s replies is captured in the idea that Schmitt is engaged in political ideology.
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17

Allan, Hutchinson. Part VI Constitutional Theory, C Key Debates in Constitutional Theory, Ch.46 The Politics of Constitutional Law: A Critical Approach. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0046.

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After almost 25 years of jurisprudence under the Canadian Charter of Rights and Freedoms, many of the fears expressed by critics of the Charter have come to pass—judicial review under the Charter of Rights and Freedoms operates as an institutional device to curb more than advance democratic politics and to entrench more than challenge a conservative ideology. The Charter is indeed a potent political weapon, but one that has been and continues to be used to benefit vested interests in society and to debilitate further an already imperfect democratic process of government. For such critics, whether or not that was the intention of its proponents and drafters is beside the point. Indeed, despite some of the best intentions of the ‘Charter-party’, the courts have not delivered on the touted democratic promise of the Charter. This chapter canvasses different critical challenges to the Charter.
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18

The Legal Ideology Of Removal The Southern Judiciary And The Sovereignty Of Native American Nations. University of Georgia Press, 2009.

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19

Purcell, Jr., Edward A. Antonin Scalia and American Constitutionalism. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197508763.001.0001.

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Antonin Scalia and American Constitutionalism is a critical study of Justice Antonin Scalia’s jurisprudence, his work on the U.S. Supreme Court, and his significance for an understanding of American constitutionalism. After tracing Scalia’s emergence as a hero of the political right and his opposition to many of the decisions of the Warren Court, this book examines his general jurisprudential theory of originalism and textualism, arguing that he failed to produce either the objective method he claimed or the “correct” constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, the book examines his opinions on virtually all of the constitutional issues he addressed, from fundamentals of structure to most major constitutional provisions. The book argues that Scalia applied his jurisprudential theories in inconsistent ways and often ignored, twisted, or abandoned the interpretive methods he proclaimed, in most cases reaching results that were consistent with “conservative” politics and the ideology of the post-Reagan Republican Party. Most broadly, it argues that Scalia’s jurisprudence and career are particularly significant because they exemplify—contrary to his own persistent claims—three paramount characteristics of American constitutionalism: the inherent inadequacy of “originalism” and other formal interpretive methodologies to produce “correct” answers to controverted constitutional questions; the relationship—particularly close in Scalia’s case—between constitutional interpretations on one hand and substantive personal and political goals on the other; and the truly and unavoidably “living” nature of American constitutionalism itself. As a historical matter, the book concludes, Scalia stands as a towering figure of irony because his judicial career disproved the central claims of his own jurisprudence.
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20

Corrigan, Lisa M. Prison Power. University Press of Mississippi, 2016. http://dx.doi.org/10.14325/mississippi/9781496809070.001.0001.

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Prison Power centers imprisonment in the history of black liberation as a rhetorical, theoretical, physical, and media resource as activists developed movement tactics and ideology to counter white supremacy. In highlighting imprisonment as a site for both political and personal transformation, Prison Power underscores how imprisonment shaped movement leaders by influencing their political analysis and organizational strategies. The book suggests that prison became the critical space for the transformation from civil rights to Black Power, especially as southern civil rights activists faced setbacks in achieving equality. In centering the prison as a locus of political inquiry, Black Power activists produced autobiographical writings, essays, and letters about and from prison beginning with the early sit-in movement. Prison Power introduces the critical optic of the “Black Power vernacular” to describe how Black Power activists deployed rhetorical forms in their writings that invented new forms of black identification and encouraged support for black liberation from prison. In using Black Power vernacular forms, imprisoned activists improved their visibility while simultaneously documenting the racist abuses of the judicial system. This new vernacular emerged to force various publics to acknowledge and end the massive brutality perpetrated against black people in prison and in the streets in the name of law and order thereby helping to shore up support for Black Power organizations and initiatives.
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21

The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations (Studies in the Legal History of the South Ser.). University of Georgia Press, 2002.

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22

Chatterji, Angana P., Thomas Blom Hansen, and Christophe Jaffrelot, eds. Majoritarian State. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190078171.001.0001.

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Majoritarian State traces the ascendance of Hindu nationalism in contemporary India. Led by Prime Minister Narendra Modi, the BJP administration has established an ethno-religious and populist style of rule since 2014. Its agenda is also pursued beyond the formal branches of government, as the new dispensation portrays conventional social hierarchies as intrinsic to Indian culture while condoning communal and caste- and gender-based violence. The contributors explore how Hindutva ideology has permeated the state apparatus and formal institutions, and how Hindutva activists exert control over civil society via vigilante groups, cultural policing and violence. Groups and regions portrayed as ‘enemies’ of the Indian state are the losers in a new order promoting the interests of the urban middle class and business elites. As this majoritarian ideology pervades the media and public discourse, it also affects the judiciary, universities and cultural institutions, increasingly captured by Hindu nationalists. Dissent and difference are silenced and debate increasingly side-lined as the press is muzzled or intimidated in the courts. Internationally, the BJP government has emphasized hard power and a fast-expanding security state. This collection of essays offers rich empirical analysis and documentation to investigate the causes and consequences of the illiberal turn taken by the world’s largest democracy.
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