Courts: A Comparative and Political Analysis

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University of Chicago Press, Oct 15, 1986 - Law - 245 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.
 

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Contents

THE PROTOTYPE OF COURTS
3
ENGLISH COURTS AND JUDICIAL INDEPENDENCE
67
THE CIVIL LAW SYSTEM AND PREEXISTING LEGAL RULES
128
JUDGING AND MEDIATING IN IMPERIAL CHINA
159
THE COURTS OF ISLAM AND THE PROBLEM OF APPEAL
196
NOTES
225
INDEX
243
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Page 1 - ... prototype of courts" is not reflected in the actual operations of judicial bodies. And yet, it is important to retain his general conclusion that it is precisely the departure from the triadic structure that is a source of possible weakness of judicial legitimacy. "[FJrom [the triad's] overwhelming appeal to common sense stems the basic political legitimacy of courts everywhere...
Page 224 - Coons, Approaches to Court Imposed Compromise — The Uses of Doubt and Reason, 58 Nw.

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