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The Judicial Process among the Barotse of Northern Rhodesia
In: African affairs: the journal of the Royal African Society, Band 54, Heft 216, S. 237-237
ISSN: 1468-2621
Wiretapping on trial: a case study in the judicial process
In: Studies in political science 50
The Judicial Process Among the Barotse of Northern Rhodesia
In: International affairs, Band 31, Heft 4, S. 534-535
ISSN: 1468-2346
The Judicial Process Among the Barotse of Northern Rhodesia
In: Man: the journal of the Royal Anthropological Institute of Great Britain and Ireland, Band 2, Heft 3, S. 478
Wiretapping on Trial: A Case Study in the Judicial Process
In: Midwest journal of political science: publication of the Midwest Political Science Association, Band 10, Heft 2, S. 258
Sentencing in South Africa: Public perception and the judicial process
In: ISS Papers, 43
World Affairs Online
Courts, Judges and Politics: An Introduction to the Judicial Process
In: The Western political quarterly, Band 33, Heft 1, S. 136
ISSN: 1938-274X
The Neo-Behavioral Approach to the Judicial Process: A Critique
In: American political science review, Band 57, Heft 3, S. 593-603
ISSN: 1537-5943
A generation ago "legal realists" led by Jerome Frank and Karl Llewellyn dismissed law as a myth—a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with what he found the law to be—and on occasion he made clear in addenda what he thought it ought to be.Llewellyn, too, changed his mind. In 1934 he had said, "The theory that rules decide cases seems for a century to have fooled, not only library-ridden recluses, but judges." Seventeen years later he confessed that his earlier behavioral descriptions of law contained "unhappy words when not more fully developed, and they are plainly at best a very partial statement of the whole truth."In short, after their initial enthusiasm, these and other legal realists recognized that there is and must be law in the judicial process, as well as discretion. This was inevitable, for society can no more dispense with order and coherence than it can deny the demands of changing circumstance. We must have stability, yet we cannot stand still; and so the legal system inevitably has both static and dynamic qualities. Holmes put it in a thimble: "The … law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow."
Interpretation of Legislation: Trends in Statutory Interpretation and the Judicial Process
In: Essay in Roles and Perspectives in the Law: Essays in Honour of Sir Ivor Richardson. David Carter and Matthew Palmer (eds) (2002 Victoria University Press, Wellington)
SSRN
Consular immunity from judicial process: with particular reference to Israel
In: Institute for legislative research and comparative law 12
THE INTERNATIONAL JUDICIAL PROCESS AND THE LAW OF ARMED CONFLICT
In: The military law and the law of war review: Revue de droit militaire et de droit de la guerre, Band 38, Heft 1-4, S. 13-89
ISSN: 2732-5520