Results for the keyword justice
Antoine Garapon
The Guardian of Promises Justice and Democracy
The multiplying cases, the explosion of litigations, the sensational trials which catch the attention of the public : all are evidence of a growth in power of the judicial system, which we expect to be, at the same time, the arbiter of morals, the guarantee of public morality and responsible for the salvation of the people. But why dont we ask what things it cannot provide ? Isnt the idea of a judicial democracy just an illusion, which serves to hide serious problems ? The power of the judicial system is more worrying than exciting. It is an indicator of the discreditation of the State at the same time as a reduction in social cohesion. In the face of the fragility of democratic society, this book is a thorough reflection on the exercise of public power, affirming that the real role of the judge is not to take the place of the politic, but to diffuse the risk of democratic implosion by remaining the guardian of the promises at the very heart of republican laws. Antoine Garapon, a former judge and member of the editorial team of the journal Esprit, is the head of the Institute of Advanced Judicial Studies.
Thierry Lévy
In Praise of Judicial Barbarity
In March 2004, France instituted a special legal procedure, to be applied in infractions judged as serious, as part of an effort to give police more powers to combat new types of crime. If money-laundering and giving assistance to illegal immigrants may be regarded as relatively recent infractions, stealing, murder, procuring and counterfeiting are all ancient violations. The new procedure extends the powers of police to hold prisoners in custody; it will also allow some offenders who plead guilty and accept the public prosecutor's sentence to avoid a public trial. Thierry Lévy, a renowned criminal lawyer, shows that the new law only confirms a tendency that has been at work for a long time, since many trials are no more than empty ceremonies sanctioning decisions that have already been reached. The author examines the way Justice in France today functions and puts some current dysfunctions of the legal system in their historical perspective. He argues that Justice cannot be served if the rights of the defence are ignored. Thierry Lévy is a lawyer and a member of the Paris Bar. He is the author of Justice sans Dieu and the co-author, with Jean-Denis Bredin, of Convaincre.
François Saint-Pierre
In the Name of the French People Trial by Jury or by Professional Judges?
Who should judge serious crimes?
Antoine Garapon
Judging Well Essay on Judicial Ritual
Imagine for a moment that you assist at a trial for the first time. There is no doubt that you would be struck by the strange procedure which happens in front of you, the judicial discussions. It is true to say that before being a moral faculty, judging is firstly an event. According to the author, before there were laws, judges and courthouses, there was a ritual. This book aims to unveil all these facets, showing by example how the public gallery is there to culpabilise and inhibit the defendant, in order to make him submit to the judicial order. Can judges avoid staging trials in order to judge well ?
Collectif
The Judicial System as a Public Service
Should the judicial system be reformed ? This question is at the centre of lively debates. It is to institutions such as the chancellery, courts of law and magistrates, that it falls to forge the judicial system, the deliverer of order, equilibrium and social cohesion. However, these institutions seem today to be weak, both in terms of organisation, and in methods of recruitment. It is thus necessary that changes are made. This is especially so as the duty of the judicial system is to operate in such a way that all individuals remain citizens, by delivering them judgements in a reasonable timescale which are certain to be respected. In this respect, it is a public service. The objective of this book is to assess the forms and the effects of a decisive reform in order to benefit our society.
