検索キーワード： 司法制度

裁判官も人の子。重い刑を言いわたす前には大いに迷うし、法と世間の常識のギャップに悩むこともある。頑なな被告人の心を揺さぶった言葉を厳選。

"The Law" by Frédéric Bastiat is a seminal work in political philosophy and economics, offering a robust defense of individual liberty and property rights against the encroachments of government.

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. 

元最高裁判事の千葉勝美が、同性婚を認めない現行法の憲法適合性を論じる。同性婚を認めない制度を合憲とするのが現在の判例である。しかし、昨今国内で係属している裁判の一部で、憲法への抵触を宣言するものが出てきている。

The Supreme Court's rulings have shaped American life and justice and allowed Americans to retain basic freedoms such as privacy, free speech, and the right to a fair trial. This revised and updated edition of Michael G. Trachtman's riveting work includes 10 important cases from 2010 to 2015.    

Courtroom contests pit good versus evil, right versus wrong. But, in addition to their dramatic quality, they also are educational moments, occasions on which some of our most important political and social issues get played out before judge and jury. In this lecture, we will consider four trials that changed the world and American history during the 20th century.

This is one of the true classics in world legal literature. Written by a master of law and language, it is a primary source book for anyone interested either in legal theory or political science. For the layman, it serves to clarify the very essence of the common law, the cornerstone of our present legal system.

Un giudice che ha il potere di controllare e annullare le leggi del Parlamento. Un giudice che, in caso di contrasti fra un ministro e il governo o fra una Regione e lo Stato, decide chi ha ragione. Organo fondamentale nel sistema di garanzie previsto dalla nostra Costituzione, la Corte costituzionale è un giudice molto particolare, in quanto nasce dall'esigenza di garantire che tutti, compreso il legislatore, rispettino la Costituzione.

Our ability to make choices is fundamental to our sense of ourselves as human beings and essential to the political values of freedom-protecting nations. Whom we love; where we work; how we spend our time; what we buy: such choices define us in the eyes of ourselves and others, and much blood and ink has been spilt to establish and protect our rights to make them freely. Choice can also be a burden. Our cognitive capacity to research and make the best decisions is limited, so every active choice comes at a cost. 

For thirty years, Pulitzer Prize-winning journalist Linda Greenhouse chronicled the activities of the U.S. Supreme Court and its justices as a correspondent for the New York Times. In this Very Short Introduction, she draws on her deep knowledge of the court's history and of its written and unwritten rules to show listeners how the Supreme Court really works.

Whatever the level of contact, the American judicial system affects peoples' lives. What courts and judges do matters. This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. This Very Short Introduction explains the "where," "when," and "who" of American courts. It also makes clear the "how" and "why" behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels.

The sudden passing of Justice Antonin Scalia shook America. After almost 30 years on the Supreme Court, Scalia had become as integral to the institution as the hallowed room in which he sat. His wisecracking interruptions during oral arguments, his unmatched legal wisdom, his unwavering dedication to the Constitution, and his blistering dissents defined his leadership role on the court and inspired new generations of policymakers and legal minds.

16 Supreme Court cases have played an outsized role in answering these vital questions. You may know many by name - like Brown v. Board of Education, Roe v. Wade, and Marbury v. Madison. But who were the people involved, and what issues were at stake? How have your life and your country changed because of these decisions? Join award-winning professor David L. Hudson on a riveting journey through these 16 monumental decisions. You will come away with a better understanding of American history, the legal system, and your individual freedoms.

The Supreme Court endorses terrorists' rights, flag burning, and importing foreign law. Is that in the Constitution? You're right: it's not. But these days the Constitution is no restraint on our out-of-control Supreme Court. The Court imperiously strikes down laws and imposes new ones purely on its own arbitrary whims. Even though liberals like John Kerry are repeatedly defeated at the polls, the majority on the allegedly "conservative" Supreme Court reflects their views and wields absolute power.

Courtroom 302 is the fascinating story of one year in Chicago's Cook County Criminal Courthouse, the busiest felony courthouse in the country. Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira's masterful investigation raises fundamental issues of race, civil rights, and justice in America.

Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first black president and has witnessed the impressive advance of gay rights. Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries.  

Conversations with RBG is a remarkable and unique audiobook, an informal portrait of Justice Ruth Bader Ginsburg, drawing on a series of her conversations with Jeffrey Rosen, starting in the 1990s and continuing through the Trump era. Rosen, a veteran legal journalist, scholar, and president of the National Constitution Center, shares with us the justice’s observations on a variety of topics, and her intellect, compassion, sense of humor, and humanity shine through.

Nesta obra abrangente, conheça a história e as implicações do Foro Privilegiado no Brasil. O livro "Foro Privilegiado: Uma Abordagem Jurídica e Política" revela desde as origens históricas até os debates atuais sobre sua reforma. Explore detalhadamente as normas constitucionais e legais que regulam esse instituto, desvendando seus fundamentos e justificativas históricas. Descubra como os princípios constitucionais se chocam com sua aplicação, e como isso afeta a igualdade perante a lei.

Jane Rosenberg is America's pre-eminent courtroom sketch artist. For over forty years, she's been at the heart of the story, covering almost every major trial that has passed through the New York justice system. In Drawn Testimony, Rosenberg brings us into the high-stakes, dramatic world of her craft, where art, psychology and courtroom drama collide.

Im Sommer 1948 stehen große Entscheidungen an: Die westlichen Alliierten beauftragen 65 Männer und Frauen damit, eine Verfassung auszuarbeiten. Monate leidenschaftlicher Diskussionen beginnen, in denen gestritten, getrickst und geträumt wird. Wie soll es werden, das neue Land? Kurz nachdem in den drei Westzonen im Frühsommer 1948 eine neue Währung eingeführt wird, riegelt die Sowjetunion West-Berlin ab: Die Stadt ist blockiert. Die USA beschließen, zwei Millionen Menschen aus der Luft zu versorgen und schicken "Rosinenbomber" los, von denen gleich einer der ersten abstürzt.