Commonsense justice [electronic resource] : jurors' notions of the law / Norman J. Finkel.
- Cambridge, MA : Harvard University Press, 1995.
1 online resource (390p.)
- Law -- United States -- Public opinion.
Jury -- United States.
- Electronic books.
- Norman J. Finkel explores the relationship between the law on the books, as set down in the Constitution and developed in cases and decisions, and what he calls commonsense justice, the ordinary citizen's notions of what is just and fair.
Law is an essentially human endeavour, a collection of psychological theories about why people think, feel, and behave as they do, and when and why we should find some of them blameworthy and punishable. But is it independent of community sentiment, as some would contend? Or do juries bring the community's judgment to bear on the moral blameworthiness of the defendant? When jurors decide that the law is unfair, or the punishment inappropriate for a particular defendant, they have sometimes nullified the law-not to defeat legal authority but "to perfect and complete" it. In this book, Norman J. Finkel explores the relationship between the "law on the books," as set down in the Constitution and developed in cases and decisions, and what he calls "commonsense justice," the ordinary citizen's notions of what is just and fair.
- Electronic reproduction. Askews and Holts. Mode of access: World Wide Web.
Bibliographic Level Mode of Issuance: Monograph
Includes bibliographical references (p. -381) and index.
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