Book contents
- The Legal Process and the Promise of Justice
- Cambridge Studies in Law and Society
- The Legal Process and the Promise of Justice
- Copyright page
- Contents
- About the Contributors
- Introduction: Past as Prologue
- Part I The Process Is the Punishment
- Part II Court Reform on Trial
- Part III Judicial Policymaking and the Modern State
- Part IV Political Liberalism and the Legal Complex
- 15 The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyers
- 16 The Legal Profession’s Promise of Justice: Choices and Challenges in Legal and Sociolegal Work
- 17 The Varieties of Judicial Independence and the Judiciary’s Role in Political Reform
- 18 The Legal Complex and Lawyers-in-Chief
- Index
- Books in the Series
- References
17 - The Varieties of Judicial Independence and the Judiciary’s Role in Political Reform
from Part IV - Political Liberalism and the Legal Complex
Published online by Cambridge University Press: 18 April 2019
- The Legal Process and the Promise of Justice
- Cambridge Studies in Law and Society
- The Legal Process and the Promise of Justice
- Copyright page
- Contents
- About the Contributors
- Introduction: Past as Prologue
- Part I The Process Is the Punishment
- Part II Court Reform on Trial
- Part III Judicial Policymaking and the Modern State
- Part IV Political Liberalism and the Legal Complex
- 15 The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyers
- 16 The Legal Profession’s Promise of Justice: Choices and Challenges in Legal and Sociolegal Work
- 17 The Varieties of Judicial Independence and the Judiciary’s Role in Political Reform
- 18 The Legal Complex and Lawyers-in-Chief
- Index
- Books in the Series
- References
Summary
One of the most significant contributions that scholarship can offer is to call attention to something that everyone sees but no one has yet noticed. Malcolm Feeley’s work with Terrence Halliday, Lucien Karpik and Setsuo Miyazawa on the liberal legal complex falls into this favored category (Halliday, Karpik and Feeley 2007; Feeley and Miyazawa 2007). Judges and lawyers are among the most visible members of our society, they are known to play important roles, and their interactions are sufficiently familiar to serve as the subject matter of movies, television shows and popular fiction. But it is only recently, as a result of Feeley’s work with his colleagues, that the relationship between judges and lawyers has been recognized as a functional component of political liberalism.
- Type
- Chapter
- Information
- The Legal Process and the Promise of JusticeStudies Inspired by the Work of Malcolm Feeley, pp. 335 - 360Publisher: Cambridge University PressPrint publication year: 2019
References
References
Cases
Adair v. U.S., 1908. 208 U.S. 161.
Brown v. Board of Education, 1954. 347 U.S. 483.
Chevron v. NRDC, 1984. 467 U.S. 837.
Coppage v. Kansas, 1915. 236 U.S. 1.
Institute of Cetacean Research v. Sea Shepherd Conservation Society, 2012. No. 12–35266 (Ninth Cir., Oct. 9).
Jay Burns Baking Co. v. Bryan, 1924. 264 U.S. 504.
Lawrence v. Texas, 2003. 539 U.S. 558.
Lochner v. New York, 1905. 198 U.S. 45.
Marbury v. Madison, 1803. 5 U.S. 137.
New State Ice Co. v. Liebmann, 1932. 285 U.S. 262.
Plessy v. Ferguson, 1896. 163 U.S. 537.
Republican Party v. White, 2002. 536 U.S. 765.
United States. v. Carolene Products Co., 1938. 304 U.S. 144.
Weaver v. Palmer Bros., 1926. 270 U.S. 402.
West Coast Hotel v. Parrish, 1937. 300 U.S. 379.
Statutes
Judicial Conference of the United States, 2014. Code of Conduct for United States Judges (2014), Canon 3(C).
Parliament of Great Britain, 1710, Statute of Ann or Copyright Act.
US Code, Title 5. Administrative Procedure Act, P.L. 79–404, 60 Stat. 237 (1946), amended by P.L. 94–409, 90 Stat. 1247 (1976).
US Code, Title 15. Truth in Lending Act, P.L. 90–321, 82 Stat, 146 (1968).
US Code, Title 15. Magnuson Moss Warranty Act, P.L. 93–637, 88 Stat. 2192 (1975).