Read e-book online Jurismania: The Madness of American Law (Studies of the PDF
By Paul F. Campos
In Jurismania, Paul Campos asserts that our criminal procedure is starting to express signs of significant psychological affliction. Trials and appeals that reach out for years and value hundreds of thousands, a hundred web page appellate courtroom critiques, 1,000 web page statutes ahead of which even legal professionals tremble with worry, and a public that grows extra litigious on a daily basis all testify to a judicial overkill that borders on obsessive-compulsive disease. Campos locates the resource of such insanity, satirically, in our worship of cause and the ensuing trust that each one difficulties are amenable to criminal ideas. In insightful discussions of a variety of instances, from NCAA laws of student-athletes to the Simpson trial, from our such a lot intractable social disputes over abortion and physician-assisted suicide to the battle on medicinal drugs and the more and more fastidious makes an attempt to control habit in public areas, Campos exhibits that the mania for extra legislations exacerbates the very difficulties it seeks to therapy. In his ultimate bankruptcy, the writer calls as an alternative for a humbling acceptance of the boundaries of cause and a way more modest function for our criminal method. essentially written and laced with a scrumptious wit, Jurismania provides us a CAT-scan of the yank felony brain at paintings. It finds not just that the sufferer is even worse off than we imagined, but additionally clarifies the numerous the reason why.
Read or Download Jurismania: The Madness of American Law (Studies of the German Historical Institute, London) PDF
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Extra info for Jurismania: The Madness of American Law (Studies of the German Historical Institute, London)
Her e wa s a trul y singular occasio n wher e consideration s o f scarcity would not rei n in the enthusias m o f the participants . This circumstanc e allowe d pla toons o f lawyer s an d "experts " deploye d b y bot h th e prosecutio n and the defens e t o exploit the ful l panopl y of options mad e available to the m b y the structur e o f our crimina l justice system . S. Constitution . None o f this, o f course, seeme d t o mak e much o f an impressio n on th e survivin g jurors , wh o dispose d o f th e issu e a t han d wit h a brisk indifference t o the evidenc e that itself suggested th e futilit y of 22 J U R I S M A N I A the whol e absur d exercise , an d whic h indee d brough t t o min d th e relative advantage s of trial b y ordeal.
The y are like one trying to lift himsel f by his own hair—or one trying to see over a whole country when he i s on a level with it—like a female trying to beget young on herself. " This passage is a nice descriptio n o f the classi c and perhap s insolu ble problem o f legal authority. "What is law," asks the lega l philosopher Phili p Soper , "tha t I shoul d obe y it? " Remarkably , there i s a widespread consensus that this question—surely the most importan t question i n th e entir e fiel d o f jurisprudence—ha s no satisfactor y answer.
And yet, despit e intermitten t moanin g abou t judicia l tyranny and government b y judiciary , Americans sho w a remarkabl e toleranc e for bein g sat on by this specia l class of bureaucratized politicians. T o paraphrase Stalin , ho w man y division s d o th e court s have ? Th e courts ar e lio n tamers , wit h thei r flims y chair s an d ornamenta l whips, an d th e peopl e ar e lions , wh o wit h a flic k o f a pa w coul d obliterate thei r putativ e masters . Wh y the n ar e we so docile ?
Jurismania: The Madness of American Law (Studies of the German Historical Institute, London) by Paul F. Campos