The History and Theory of the American Jury

Abstract

brings his background as an assistant attorney general and as a scholar in moral and political philosophy to this important work' on the American jury. 2 As its subtitle only partially suggests, the book is an analysis of the way in which the different political ideals that the institution of the jury embodies, and which serve as justifications for the jury trial, stand in tension with one another. The book's unity stems from an argument for the paramount importance in different contexts of the ideal of "democratic deliberation," which involves the effort, by jurors of different backgrounds and perspectives, to reach consensus through discussion and debate. In particular, Abramson stresses the superiority of this ideal to a competing ideal, if it can be called that, under which individual jurors form alliances based on, and

The Accidental Philosopher and One of the Hardest Problems in the World

“…In modern times, this might be a judge who decides the case, possibly setting a precedent, possibly being overruled by a higher court. There is also a relevant discussion about juries in a review [47] of Abramson [48], who distinguishes the representative and deliberative conception of juries. The former view considers the jury simply a representative body of peers.…”

“…The former view considers the jury simply a representative body of peers. However, a reading of [47] suggests that juries also infuse the practice of law with a collaborative constructed shared understanding of justice. Burns [47] (pp.…”

“…However, a reading of [47] suggests that juries also infuse the practice of law with a collaborative constructed shared understanding of justice. Burns [47] (pp. 1478, 1479) quotes Abramson [48] (p. 8): I will argue for .…”

Can Juries be Lost in Translation?

“…Are some features of a jury necessary in order to call it a “jury,” and when has a body been altered or “translated” so much that its core functions and capabilities threaten to be lost in the process? I am no expert in international research, and I have borrowed liberally from those who have meditated on translating juries or have theorized about them (e.g., Abramson ; Burns ; Lempert ; Thaman ). I use this essay for thinking about the “juryness” of a decision making body and consider which features of a jury might be associated with which effects.…”

“…have borrowed liberally from those who have meditated on translating juries or have theorized about them (e.g., Abramson 1994;Burns 1995Burns , 2011Lempert 1992Lempert , 2007Thaman 2007). I use this essay for thinking about the "juryness" of a decision making body and consider which features of a jury might be associated with which effects.…”