The Jury And Democracy
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Author | : John Gastil |
Publisher | : Oxford University Press |
Total Pages | : 288 |
Release | : 2010-11-10 |
Genre | : Political Science |
ISBN | : 0199888531 |
Alexis de Tocqueville, John Stuart Mill, and the U.S. Supreme Court have all alleged that jury service promotes civic and political engagement, yet none could prove it. Finally, The Jury and Democracy provides compelling systematic evidence to support this view. Drawing from in-depth interviews, thousands of juror surveys, and court and voting records from across the United States, the authors show that serving on a jury can trigger changes in how citizens view themselves, their peers, and their government--and can even significantly increase electoral turnout among infrequent voters. Jury service also sparks long-term shifts in media use, political action, and community involvement. In an era when involved Americans are searching for ways to inspire their fellow citizens, The Jury and Democracy offers a plausible and realistic path for turning passive spectators into active political participants.
Author | : Albert W. Dzur |
Publisher | : Oxford University Press |
Total Pages | : 232 |
Release | : 2012-09-13 |
Genre | : Law |
ISBN | : 0199874093 |
Focusing democratic theory on the pressing issue of punishment, this book argues for participatory institutional designs as antidotes to the American penal state.
Author | : Jeffrey B. Abramson |
Publisher | : Harvard University Press |
Total Pages | : 356 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780674004306 |
This magisterial book explores fascinating cases from American history to show how juries remain the heart of our system of criminal justice - and an essential element of our democracy. No other institution of government rivals the jury in placing power so directly in the hands of citizens. Jeffrey Abramson draws upon his own background as both a lawyer and a political theorist to capture the full democratic drama that is the jury. We, the Jury is a rare work of scholarship that brings the history of the jury alive and shows the origins of many of today's dilemmas surrounding juries and justice.
Author | : Sonali Chakravarti |
Publisher | : University of Chicago Press |
Total Pages | : 159 |
Release | : 2020-01-24 |
Genre | : Law |
ISBN | : 022665429X |
Juries have been at the center of some of the most emotionally charged moments of political life. At the same time, their capacity for legitimate decision making has been under scrutiny, because of events like the acquittal of George Zimmerman by a Florida jury for the shooting of Trayvon Martin and the decisions of several grand juries not to indict police officers for the killing of unarmed black men. Meanwhile, the overall use of juries has also declined in recent years, with most cases settled or resolved by plea bargain. With Radical Enfranchisement in the Jury Room and Public Life, Sonali Chakravarti offers a full-throated defense of juries as a democratic institution. She argues that juries provide an important site for democratic action by citizens and that their use should be revived. The jury, Chakravarti argues, could be a forward-looking institution that nurtures the best democratic instincts of citizens, but this requires a change in civic education regarding the skills that should be cultivated in jurors before and through the process of a trial. Being a juror, perhaps counterintuitively, can guide citizens in how to be thoughtful rule-breakers by changing their relationship to their own perceptions and biases and by making options for collective action salient, but they must be better prepared and instructed along the way.
Author | : Andrew G. Ferguson |
Publisher | : NYU Press |
Total Pages | : 252 |
Release | : 2012-12-01 |
Genre | : Law |
ISBN | : 0814729037 |
Places the idea of jury duty into perspective, noting its importance as a constitutional responsibility, and describes ways in which the experience may be enriched.
Author | : Hélène Landemore |
Publisher | : Princeton University Press |
Total Pages | : 272 |
Release | : 2022-03-08 |
Genre | : Philosophy |
ISBN | : 0691212392 |
To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the openness of ancient democracies, Open Democracy presents a new paradigm of democracy. Supporting a fresh nonelectoral understanding of democratic representation, Hélène Landemore demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, more than ever, urgently needed. -- Cover page 4.
Author | : Tina Nabatchi |
Publisher | : Oxford University Press |
Total Pages | : 336 |
Release | : 2012-11-01 |
Genre | : Political Science |
ISBN | : 019999613X |
Although the field of deliberative civic engagement is growing rapidly around the world, our knowledge and understanding of its practice and impacts remain highly fragmented. Democracy in Motion represents the first comprehensive attempt to assess the practice and impact of deliberative civic engagement. Organized in a series of chapters that address the big questions of deliberative civic engagement, it uses theory, research, and practice from around the world to explore what we know about, how we know it, and what remains to be understood. More than a simple summary of research, the book is designed to be accessible and useful to a wide variety of audiences, from scholars and practitioners working in numerous disciplines and fields, to public officials, activists, and average citizens who are seeking to utilize deliberative civic engagement in their communities. The book significantly enhances current scholarship, serving as a guide to existing research and identifying useful future research. It also has promise for enhancing practice, for example by helping practitioners, public officials, and others better think through and articulate issues of design and outcomes, thus enabling them to garner more support for public deliberation activities. In addition, by identifying what remains to be learned about public deliberation, practitioners and public officials may be inspired to connect with scholars to conduct research and evaluations of their efforts.
Author | : Ron Levy |
Publisher | : Cambridge University Press |
Total Pages | : 398 |
Release | : 2018-04-19 |
Genre | : Law |
ISBN | : 1108307795 |
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.
Author | : Edwin Carawan |
Publisher | : JHU Press |
Total Pages | : 323 |
Release | : 2020-12-15 |
Genre | : History |
ISBN | : 1421439506 |
The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.
Author | : John Gastil |
Publisher | : SAGE |
Total Pages | : 689 |
Release | : 2008 |
Genre | : Language Arts & Disciplines |
ISBN | : 1412916275 |
The act of deliberation is the act of reflecting carefully on a matter and weighing the strengths and weaknesses of alternative solutions to a problem. It aims to arrive at a decision or judgment based not only on facts and data but also on values, emotions, and other less technical considerations. Though a solitary individual can deliberate, it more commonly means making decisions together, as a small group, an organization, or a nation. Political Communication and Deliberation takes a unique approach to the field of political communication ...