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The Legal Process and the Promise of Justice

The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley

£80.00

Part of Cambridge Studies in Law and Society

Jonathan Simon, Hadar Aviram , Rosann Greenspan, Issa Kohler-Hausmann, Kay L. Levine, Volkan Topalli, Shauhin Talesh, Eric A. Feldman, David T. Johnson, Setsuo Miyazawa, David Nelken, Ashley T. Rubin, Lawrence M. Friedman, Lauren B. Edelman, Paul Frymer, Christine B. Harrington, Menachem Hofnung, Terence C. Halliday, Mark Fathi Massoud, Edward L. Rubin, Kim Lane Scheppele
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  • Publication planned for: February 2019
  • availability: Not yet published - available from February 2019
  • format: Hardback
  • isbn: 9781108415682

£ 80.00
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About the Authors
  • 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.

    • Offers international perspectives on issues formerly studied only in the context of the United States
    • Sheds new light on lower courts scholarship
    • Provides a one volume introduction to a core set of socio-legal research areas that share a common concern with legal process
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    Reviews & endorsements

    Advance praise: 'Malcolm Feeley's writings about America's contradictory crime wars and criminal justice reform efforts are essential elements of modern criminology. The contributors to this volume take Feeley's thinking in new and innovative directions that no student or scholar of our continuing predicament will want or can afford to miss. A guide to a futuristic Feeleyian criminology!' John Hagan, John D. MacArthur Professor Professor of Sociology and Law, Northwestern University, Illinois

    Advance praise: 'An extraordinary collection of insightful studies that follow the steps of Malcolm Feeley in relation to the legal process and the promise of justice. It explores the vibrant legacy of this brilliant scholar for the present and it will be a source of inspiration for the future theoretical and empirical developments in these key socio-legal themes, both inside and outside the English speaking contexts.' Máximo Sozzo, Universidad Nacional del Litoral, Argentina

    Advance praise: 'This festschrift for Malcolm Feeley, with contributions from eighteen distinguished scholars, provides powerful accounts of how lawyers and judges link policies of crime and punishment to fundamental problems of governing contemporary societies. Provocative and compelling, this collection confronts the current challenges to liberal democracies and the rule of law with trenchant, grounded analyses.' Susan S. Silbey, Leon and Anne Goldberg Professor of Humanities, Massachusetts Institute of Technology

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    Product details

    • Publication planned for: February 2019
    • format: Hardback
    • isbn: 9781108415682
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from February 2019
  • Table of Contents

    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.

  • Editors

    Rosann Greenspan, University of California, Berkeley
    Rosann Greenspan is Executive Director of the Center for the Study of Law and Society at the University of California, Berkeley. She is the author of The Transformation of Criminal Due Process in the Administrative State (2014) and co-editor of the Law Section of the International Encyclopedia of the Social and Behavioral Sciences (Second edition, 2015). She was a US Supreme Court Fellow at the US Sentencing Commission and Stanford University's Postdoctoral Fellow in Law and Politics. She received the Western Society of Criminology's Fellows Award for important contributions to the field of criminology.

    Hadar Aviram, University of California, Hastings College of the Law
    Hadar Aviram is the Miller Professor of Law at the University of California, Hastings College of Law. Professor Aviram's research focuses on the criminal justice system and examines policing, courtroom practices, and corrections through social science perspectives. She is author of Cheap on Crime: Recession-Era Politics and the Transformation of American Punishment (2015) and the former President of the Western Society of Criminology.

    Jonathan Simon, University of California, Berkeley
    Jonathan Simon is the Adrian A. Kragen Professor of Law at the University of California, Berkeley. He is the author of several books on emerging trends in crime control and the role of crime in contemporary governance. Among these books include Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (2006) and Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America (2014).

    Contributors

    Jonathan Simon, Hadar Aviram , Rosann Greenspan, Issa Kohler-Hausmann, Kay L. Levine, Volkan Topalli, Shauhin Talesh, Eric A. Feldman, David T. Johnson, Setsuo Miyazawa, David Nelken, Ashley T. Rubin, Lawrence M. Friedman, Lauren B. Edelman, Paul Frymer, Christine B. Harrington, Menachem Hofnung, Terence C. Halliday, Mark Fathi Massoud, Edward L. Rubin, Kim Lane Scheppele

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