These metaphorical Judicial process essay show how greatly the conclusions on the evidence by different judges may vary, and how the judges may be strongly influenced by principles and prejudices derived from their social positions or their personal experiences. Political scientists also tended to avoid the subject, concentrating their concern upon the legislative and executive branches of government on the theory that the judicial branch was the special preserve of the legal profession.
Generally speaking, only those who are able to persuade the judges that they are personally and directly involved in a dispute may seek a judicial resolution of it, and there are some kinds of disputes judges will not attempt to decide.
While they do so, the judges play a role similar to that of counsel in more developed systems, sifting and processing the facts and issues Gluckman chapter 9. The judges looked askance upon administrative agencies and wherever possible insisted that decisions of administrators be subject to review by judges.
Political forces determine what the rules are; the judge merely applies the given rules to the facts. This is also a characteristic of religious symbols. Whereas only those with some political strength may command legislative attention, a single individual may compel a judge to make a ruling.
Judicial impartiality between the immediate parties to a lawsuit is obviously required if the judges are to be able to function as outsiders to the dispute. There is no difference between the realist and orthodox analysis with respect to the desirability and possibility of securing judicial impartiality in the sense of neutrality between and even-handed treatment of all parties.
Organization of the judicial process The organization of the judicial process is determined by its purpose: Conflict and Case Law in Primitive Jurisprudence. These students at-tempt to apply different theories, such as the theory of gamesto predict the strategy a judge may follow in different situations to achieve his ends, and they formulate mathematical models which will predict, both for behavioral theory and for practicing lawyers, the probable decisions of particular judges or benches of judges on certain kinds of disputes Schubert This degree of conformity can be determined only when all his obligations are considered in the light of his wealth, strength, etc.
A Reader in Theory and Research. In contrast, Gluck- man and Epstein and to a lesser extent Llewellyn and Hoebel, and earlier, Barton have set their analyses against the type of analyses made of Western judicial processes, in order to highlight both similarities and differences.
Administration is seen by these writers as power and discretion, whereas adjudication is rational and controlled. There are involved here major problems for all sociological and anthropological comparisons, since similar problems arise in the cross-cultural analysis of religious beliefs and other cultural phenomena.
Cahn, Edmond The Moral Decision. Outside the world of scholarship, the orthodox position still holds. University of Pennsylvania Law Review The purpose of the statute requiring husbands to return was to strengthen marriages: The major problems in judicial administration center on 1 the personnel of the courts, 2 the institutional framework within which they operate, and 3 the procedures they follow.
Kirchheimer, Otto Political Justice: But men everywhere interact through language in order to conceptualize their sociocultural and personal aims and values. What distinguishes judicial from other kinds of political actors is not that the judges are outside the system but that they are related to it in a different fashion than are the other decision makers.
For tribal courts we still often lack detailed knowledge of the sociocultural milieu, and in most instances we also lack detailed records of cases, including examination of evidence and judicial decisions.Sep 11, · (Results Page 5) View and download judicial process essays examples.
Also discover topics, titles, outlines, thesis statements, and conclusions for your judicial process essay. The State Judicial Selection Process Institution Date Introduction The jury serves as a significant organ within the functions of a state in preserving and dispensing the rule of law to the citizens and the inhabitants of America.
Judicial ProcessThe articles under this heading deal with judicial institutions and processes. Closely related are Adjudicationand Judiciary. A detailed guide to further topics will be found under LAW.I. IntroductionJ. W.
PeltasonBIBLIOGRAPHYII. Comparative AspectsMax GluckmanBIBLIOGRAPHYIII. Judicial AdministrationDelmal KarlenBIBLIOGRAPHY Source for information on Judicial Process. - Judicial Precedent ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent.
b) How far is it true to say judges are bound by decisions in earlier cases. A) Judicial precedent is where the past decisions of the judges create law for future judges to follow. Judicial process definition is - the series of steps in the course of the administration of justice through the established system of courts.
How to use judicial process in a sentence. the series of steps in the course of the administration of justice through the established system of courts. Sep 14, · View and download judicial process essays examples.
Also discover topics, titles, outlines, thesis statements, and conclusions for your judicial process essay.Download