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4 results

  • CHAPTER EIGHT - Challenges to Embedding

  • Whitney K. Taylor, San Francisco State University
  • Book:
    The Social Constitution
    Published online:
    15 June 2023
    Print publication:
    29 June 2023, pp 164-181

  • Summary

    Chapter 8 turns to the labor of law, or the difficulty of keeping up with the daily work that underpins this legal order. While Constitutional Court judges have garnered substantial attention, lower-court judges are tasked with the majority of the work of social constitutionalism in Colombia. They are the ones who have reviewed each of the nearly eight million tutela claims that have been filed since 1992. Many of these lower-court judges report that they feel overworked and underresourced. Material and normative pressures, thus far, have combined to ensure that these judges continue to keep up with the labor of social constitutionalism.

  • Punitive Processes? Judging in Thai Lower Criminal Courts

  • Duncan McCargo
  • Journal:
    Asian Journal of Law and Society / Volume 8 / Issue 2 / June 2021
    Published online by Cambridge University Press:
    21 September 2020, pp. 324-347

  • This article examines how Thai courts of the first instance deal with run-of-the-mill criminal cases. How do judges deal with criminal trials of a rather routine nature, often involving defendants from ethnic minorities and reflecting the particular conditions in the provinces concerned? Drawing on participant observation and interview research conducted mainly in two provinces in different regions of the country, the article examines the challenges faced by judges and court officials in dealing with heavy caseloads in a highly bureaucratized system where acquittal rates are extremely low. How far do such cases shed light on how judging is carried out in the majority of Thai courts? What kind of challenges do Thai judges face in adjudicating minor but often messy cases in order to fulfil societal expectations in line with their own understandings of justice?

Women's Criminality in Europe, 1600–1914
  • Edited by Manon van der Heijden, Marion Pluskota, Sanne Muurling
  • Published online:
    10 January 2020
    Print publication:
    30 January 2020
  • Bringing together the most current research on the relationship between crime and gender in the West between 1600 and 1914, this authoritative volume places female criminality within its everyday context. It reveals how their socio-economic and cultural contexts provided women with 'agency' against a range of European backdrops, despite a fundamentally patriarchal criminal justice system, and includes in-depth analysis of original sources to show how changing living standards, employment, schooling and welfare arrangements had a direct impact on the quality of life of working class women, their risk of becoming involved in crime, and the likelihood of being prosecuted for it. Rather than treating women's criminality as always exceptional, this study draws out the similarities between female and male criminality, demonstrating how an understanding of specific cultural and socio-economic contexts is essential to explain female criminality, both why their criminal patterns changed, and how their crimes were represented by contemporaries.

  • 4 - How Lower Courts Respond to a Change in a Legal Rule

  • Edited by Yun-chien Chang, Academia Sinica, Taipei, Taiwan
  • Book:
    Selection and Decision in Judicial Process around the World
    Published online:
    04 December 2019
    Print publication:
    19 December 2019, pp 110-131

  • Summary

    We investigate how lower courts respond to a change in the legal rule by an appellate court. We create a dataset comprising 525 cases from the Tax Court of Canada over the period 1997 to 2017 that determine whether a worker is an employee or an independent contractor for tax purposes. We look at how this lower court responds to a 2006 decision by the Federal Court of Appeals introducing a new factor in a multi-factor test to be applied by the lower court. We find only limited evidence that this change in the legal rule has any impact upon the outcomes of lower court cases.