State Courts and the "Passive Virtues": Rethinking the Judicial Function

Hershkoff, Helen

doi:10.2307/1342498

Cited by 15 publications

(7 citation statements)

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“…A priori we would expect both of these variables to have a positive impact. The power to issue advisories enhances the prestige and power of judges (see Hershkoff, 2001), and intermediate appellate courts enable state supreme courts to control their dockets (see Langer, 2002). Both variables are potentially endogenous.…”

Section: Quality Of State Courtsmentioning

confidence: 99%

The Effect of Judicial Independence on Courts: Evidence from the American States

Berkowitz¹,

Clay²

2006

The Journal of Legal Studies

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This paper demonstrates that two initial conditions—having been settled by a country with a civil-law legal system (France, Spain, or Mexico) and membership in the Confederacy during the Civil War—have had lasting effects on state courts in the United States. We find that states initially settled by civil-law countries and states in the Confederacy granted less independence to their judiciary in 1970–90 and had lower-quality courts in 2001–3. Furthermore, judicial independence is strongly associated with court quality. To explain these findings, we hypothesize that civil law acted through legislator preferences regarding the balance of power between the legislature and the judiciary, with legislators in civil-law states preferring a more subordinate judiciary. The ability of civil-law legislators to act on these preferences was, however, affected by within-state political competition, which was much higher in northern states than in southern states after the Civil War.

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Section: Quality Of State Courtsmentioning

confidence: 99%

The Effect of Judicial Independence on Courts: Evidence from the American States

Berkowitz¹,

Clay²

2006

The Journal of Legal Studies

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“…Będą oni równocześnie jego przewodnikami i nauczycielami, wskazując i promując przykłady zachowań społecznych, dobroczynność i życzliwość. W tak ukształtowanym społeczeństwie człowiek pod wpływem jakiegoś nadzwyczajnego podniecenia ofiarowuje własny interes dla interesu społecznego 118 . Wtedy zaś sympatia, szacunek i stąd dobrowolna i spontaniczna usługa we wszystkich jej kształtach związałaby się z władzą w skali prawdziwej moralnej cnoty: efektywnej życzliwości, zgody i przymierza z roztropnością 119 .…”

Section: IVunclassified

Specyfika konstytucjonalizmu stanowego w USA

Stolicki

2021

Politeja

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The article discusses the shaping of the relation between natural and statutory law in the philosophical, political and legal concepts from the Antiquity until the Middle Ages. Firstly, the author analyzes the views of a sophist -Aristotle, and Stoics -Saint Augustine of Hippo and Saint Thomas Aquinas in order to identify on their basis the main principles concerning the matter at hand. His research permitted him to conclude that during the mentioned period the prevailing conviction was that statutory law (positive law) should not violate natural law (and sometimes simultaneously God`s law) because the latter was perceived as a higher legal order. Statutory law that conflicted with the higher law was usually considered invalid and -as such -not creating the obligation of obedience. It was also considered unjust. For Christian thinkers God himself was the creator of principles of justice; therefore that law which came directly from him was put at the top of the legal structure. Natural law was seen as mirroring this law of God. In turn, statutory law was supposed to reflect the rules of natural law.

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“…The state courts receive relatively little attention when it comes to modeling law, but there are many advantages to using them as grounds for study. State courts see a great variance in types of cases: matters of criminal law, state and federal statutory and administrative, and state constitutional law (Friedman 2004;Hershkoff 2001). In addition, the state courts hear a much higher percentage of common law matters, including ordinary commercial disputes.…”

Section: @H2:the Norms Of Different Courtsmentioning

confidence: 99%