Courts: A Comparative and Political AnalysisUniversity of Chicago Press, Nov 15, 2013 - 256 pages In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems. |
Contents
| 1 | |
Chapter 2 English Courts and Judicial Independence | 65 |
Chapter 3 The Civil Law System and Preexisting Legal Rules | 126 |
Chapter 4 Judging and Mediating in Imperial China | 157 |
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Common terms and phrases
actually administrative law appellate courts arbitration assize basic body of law caliph central century chancellor Chancery chapter China Chinese civil law common law common law courts conflict resolution Confucian Conseil d'état consent constitutional council criminal crown decision disputes district doctrine empire England English courts essentially evidence existence fact fact-finding French hierarchical imperial imposed instance institutions involved Islamic law judges judicial independence judicial lawmaking judiciary jurisdiction jury justice kadis kaziaskers king King's Bench land law systems lawyers legal systems legislation litigation lord magistrate mazālim mediation mediatory medieval Muslim officers Ottoman Ottoman Empire Parliament particular parties persons political authority preexisting legal rules procedures prototype of courts punishment regime religious Roman law seyhulislam Sharia social control societies specific Star Chamber statutes statutory subordinates sultan Tameside theory tion tradition triadic conflict trial court trial de novo typically ultra vires University Press village writs yamen