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。

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。

Judge Richard Posner is one of the great legal minds of our age. A judge on the US Court of Appeals for the Seventh Circuit and the principal exponent of the enormously influential law and economics movement, he writes provocative books as a public intellectual, receives frequent media attention, and has been at the center of some very high-profile legal spats. He is also a member of an increasingly rare breed—judges who write their own opinions rather than delegating the work to clerks. Now, for the first time, this fascinating figure receives a full-length biographical treatment.

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.

A comprehensive history of the people and cases that have changed history, this is the definitive account of the nation's highest court.

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.

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.

A thin, balding, and reclusive middle-aged Russian by the name of Rudolf Ivanovich Abel was one of the Soviet Union's most renowned spies during the Cold War of the 1950s . . . . until his cover was blown by an incompetent colleague who wanted to defect to the United States. This is the full account of Abel's espionage work, his dramatic apprehension, his eventual conviction and its affirmation by the United States Supreme Court, and finally, his surprising release back to Russia.

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.

The first geofence warrant was issued in 2016. By 2021, Google was responding to 11,000 geofence warrant requests per year from officers wanting a list of cell phones at a crime scene at the time a crime was being committed. This new aspect of Fourth Amendment constitutional law is exciting and complex. If you are a law enforcement officer, prosecutor, criminal defense lawyer, judge, or citizen who cares about the constitutional right to privacy under the Fourth Amendment, you need to listen to this book.

Underlain by an acute sense of ethics, this provided the basis for his strongly declared, wide-ranging views on many subjects: prohibition of cock-fighting, liberty of the press, universal suffrage, the removal of religious tests for office and even hunting. All were radical ideas for his time. He also proposed the decriminalisation of homosexuality, though even he did not dare to publish his essay on this subject during his lifetime. But An Introduction to the Principles of Morals and Legislation was his major work.

This treatise comprises questions 90–97 of the Summa Theologica, in which St. Thomas Aquinas presents a philosophical analysis of the nature and structure of law. Believing that law achieves its results by imposing moral obligations rather than outright force on those subject to it, he proceeds to explore vital questions about the essence of law, kinds of law, effects of law, eternal law, natural law, human law, and changes in law.

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.

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.

Este libro explora las raíces del sistema penal mexicano y explica que su diseño, producto del golpe de Estado militar en 1920, sentó las bases para un siglo de injusticia.

In the first edition of A Country Called Prison, Mary Looman and John Carl presented persuasive data calling for downsizing of America's prisons. Their novel approach continues in their second edition, shifting the beliefs many people have about prisons and their role in the American society. Since the original edition was published, the landscape of incarceration has been changing.

CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players.

Almost every society has professional judges, but from ancient Athens to modern Asia, cultures have wanted ordinary people involved in legal decisions. The use of juries comes with challenges; societies must determine how to select jurors, what cases jurors should decide and by what rules, and how to inform jurors about the law and evidence. This Very Short Introduction shows how and why societies around the world have used juries, charting the spread of the twelve-person jury from England to the British colonies in America, Canada, India, Australia, New Zealand, and the Caribbean.

How can you keep your faith in people after seeing the flaws of the American justice system? Juror #11 exposes the flaws and weaknesses in the American justice system from the perspective of a murder trial juror who endured months of trauma, the threat of jail, and thousands of dollars in fines and legal fees because of them.

Muss ich mein Kind in die Schule schicken? Kriege ich für den abgebrochenen Fingernagel Schmerzensgeld? Kann ich hiermit vor Gericht ziehen oder damit vor Gericht gezogen werden? Das Fachwissen von Anwälten wird im Freundeskreis gern angezapft. Denn: Für normale Menschen ist die Welt der Juristerei ziemlich mysteriös. Auch in Staffel 2 des Original Podcasts "Sag mal, du als Richterin" geben ein Anwalt und eine Richterin freimütig die Reiseführer für einen Neuling durch das unwegsame Reich der Paragraphen.