Judges, Judging and Humour

Author: Jessica Milner Davis,Sharyn Roach Anleu

Publisher: Springer

ISBN: 3319767380

Category: Social Science

Page: 335

View: 7665

This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.
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I Judge You When You Use Poor Grammar

A Collection of Egregious Errors, Disconcerting Bloopers, and Other Linguistic Slip-Ups

Author: Sharon Eliza Nichols

Publisher: Macmillan

ISBN: 0312533012

Category: Humor

Page: 146

View: 4242

A collection of photos features misspelled and ungrammatical signs from across the United States and the world, along with captions that further clarify or amplify their humorous aspects, including "We are doing toilets cleaning, so sorry for the incontinence" (at KFC), "No parking aloud" (street sign), and many more. Original.
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Understanding Humor in Japan

Author: Jessica Milner Davis

Publisher: Wayne State University Press

ISBN: 0814340911

Category: Literary Criticism

Page: 264

View: 3561

Japanese conventions about comedy and laughter are largely unanalyzed. For many students of Japanese culture and visitors to Japan, Japanese humor seems obscure, incomprehensible, paradoxical, and even nonexistent. By bringing together scholarly insights and original research by both Japanese and non-Japanese experts, Jessica Milner Davis bridges the differences between humor in Japan and the West and examines the entire spectrum of Japanese humor, from ancient traditions and surviving rituals of laughter to norms of joke-telling in ordinary conversation in Japan and America. For anyone interested in Japan, Japanese culture, and humor studies, Understanding Humor in Japan is an important teaching tool. It provides accessible, illustrative examples of humor in both Japanese and English with explanations of their meaning and cultural significance. Scholarly yet readable, these essays offer intelligent discussion on such topics as the Japanese delight in wordplay, the comic content of Japanese newspapers, the role of film and television in developing Japanese stand-up comedy, and formal censorship and its impact on humorous writing and self-expression in Japan. Understanding Humor in Japan breaks new ground in the study of humor and sheds light on much that is taken for granted about the role of laughter in civilized societies.
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Disrobed

An Inside Look at the Life and Work of a Federal Trial Judge

Author: Frederic Block

Publisher: West Group

ISBN: 9780314606624

Category: Biography & Autobiography

Page: 445

View: 3107

"Written for the legal community and the general public, this book explains, in practical terms, the perspective behind some of the most newsworthy and sensational cases of the last 20 years. Few, if any, judges have commented on the cases that have appeared before them. Judge Block critiques some of the historical practices of the legislature and the bench; educates readers about the death penalty, racketeering, gun laws, drug laws, discrimination laws, race riots, terrorism, and foreign affairs; and intimates the more humble aspects of being on the bench, e.g. the choice to use humor, death threats against members of the bench, brushes with celebrities, witnessing how popular sentiment can override the facts of a case, racist underpinnings of the drug laws, and more"--Provided by publisher.
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Judicial Recusal

Principles, Process and Problems

Author: R Grant Hammond

Publisher: Bloomsbury Publishing

ISBN: 1847315186

Category: Law

Page: 208

View: 1185

The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.
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Gender and Judging

Author: Ulrike Schultz,Gisela Shaw

Publisher: A&C Black

ISBN: 1782251111

Category: Law

Page: 640

View: 4303

Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well into the modern era male opposition to women's admission to, and progress within, the judicial profession has been largely based on the argument that their very gender programmes women to show empathy, partiality and gendered prejudice - in short essential qualities running directly counter to the need for judicial objectivity. It took until the last century for women to begin to break down such seemingly insurmountable barriers. And even now, there are a number of countries where even this first step is still waiting to happen. In all of them, there remains a more or less pronounced glass ceiling to women's judicial careers.
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Judging the Judges, Judging Ourselves

Truth, Reconciliation and the Apartheid Legal Order

Author: David Dyzenhaus

Publisher: Bloomsbury Publishing

ISBN: 1847313272

Category: Law

Page: 216

View: 380

With a Foreword by the South African Minister of Water Affairs and Forestry, Kader Asmal. The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic, mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar -who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers, lawyers and non-lawyers alike, interested in the relationship between law and justice, as it is exposed during a period of transition to democracy.
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Humor in Advertising

A Comprehensive Analysis

Author: Charles S. Gulas,Marc G. Weinberger

Publisher: M.E. Sharpe

ISBN: 9780765636218

Category: Business & Economics

Page: N.A

View: 5650

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I'm Judging You

The Do-Better Manual

Author: Luvvie Ajayi

Publisher: Macmillan

ISBN: 1627796061

Category: Humor

Page: 256

View: 1691

Humorous essays that dissects our cultural obsessions and calls out bad behavior in our increasingly digital, connected lives
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Sitting in Judgment

The Working Lives of Judges

Author: Penny Darbyshire

Publisher: Bloomsbury Publishing

ISBN: 1847317790

Category: Law

Page: 478

View: 9698

The public image of judges has been stuck in a time warp; they are invariably depicted in the media - and derided in public bars up and down the country - as 'privately educated Oxbridge types', usually 'out-of-touch', and more often than not as 'old men'. These and other stereotypes - the judge as a pervert, the judge as a right-wing monster - have dogged the judiciary long since any of them ceased to have any basis in fact. Indeed the limited research that was permitted in the 1960s and 1970s tended to reinforce several of these stereotypes. Moreover, occasional high profile incidents in the courts, elaborated with the help of satirists such as 'Private Eye' and 'Monty Python', have ensured that the 'old white Tory judge' caricature not only survives but has come to be viewed as incontestable. Since the late 1980s the judiciary has changed, largely as a result of the introduction of training and new and more transparent methods of recruitment and appointment. But how much has it changed, and what are the courts like after decades of judicial reform? Given unprecedented access to the whole range of courts - from magistrates' courts to the Supreme Court - Penny Darbyshire spent seven years researching the judges, accompanying them in their daily work, listening to their conversations, observing their handling of cases and the people who come before them, and asking them frank and searching questions about their lives, careers and ambitions. What emerges is without doubt the most revealing and compelling picture of the modern judiciary in England and Wales ever seen. From it we learn that not only do the old stereotypes not hold, but that modern 'baby boomer' judges are more representative of the people they serve and that the reforms are working. But this new book also gives an unvarnished glimpse of the modern courtroom which shows a legal system under stress, lacking resources but facing an ever-increasing caseload. This book will be essential reading for anyone wishing to know about the experience of modern judging, the education, training and professional lives of judges, and the current state of the courts and judiciary in England and Wales.
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From House of Lords to Supreme Court

Judges, Jurists and the Process of Judging

Author: James Lee

Publisher: Bloomsbury Publishing

ISBN: 1847316166

Category: Law

Page: 312

View: 5529

2009 saw the centenary of the Society of Legal Scholars and the transition from the House of Lords to the new Supreme Court. The papers presented in this volume arise from a seminar organised jointly by the Society of Legal Scholars and the University of Birmingham to celebrate and consider these historic events. The papers examine judicial reasoning and the interaction between judges, academics and the professions in their shared task of interpretative development of the law. The volume gathers leading authorities on the House of Lords in its judicial capacity together with academics whose specialisms lie in particular fields of law, including tort, human rights, restitution, European law and private international law. The relationship between judge and jurist is, therefore, investigated from a variety of perspectives and with reference to different jurisdictions. The aim of the volume is to reflect upon the jurisprudence of the House of Lords and to consider the prospects for judging in the new Supreme Court.
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Walden of Bermondsey

Author: Peter Murphy

Publisher: Oldacastle Books

ISBN: 0857301233

Category: Fiction

Page: 416

View: 8136

When Charlie Walden takes on the job of Resident Judge of the Bermondsey Crown Court, he is hoping for a quieter life. But he soon finds himself struggling to keep the peace between three feisty fellow judges who have very different views about how to do their jobs, and about how Charlie should do his. And as if that's not enough, there's the endless battle against the "Grey Smoothies": the humorless grey-suited civil servants who seem determined to drown Charlie in paperwork and strip the court of its last vestiges of civilization. No hope of an easy life for Charlie then, and there are times when his real job—trying the challenging criminal cases that come before him—actually seems like light relief.
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Northern / Irish Feminist Judgments

Judges' Troubles and the Gendered Politics of Identity

Author: Máiréad Enright,Julie McCandless,Aoife O'Donoghue

Publisher: Bloomsbury Publishing

ISBN: 1509908943

Category: Law

Page: 624

View: 6271

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
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Judging Europe’s Judges

The Legitimacy of the Case Law of the European Court of Justice

Author: Maurice Adams,Henri de Waele,Johan Meeusen,Gert Straetmans

Publisher: A&C Black

ISBN: 1782252312

Category: Law

Page: 272

View: 9273

After successive waves of EU enlargement, and pursuant to the entry into force of the Lisbon Treaty, the European Court of Justice finds itself on the brink of a new era. Both the institution itself and the broader setting within which it operates have become more heterogeneous than ever before. The issues now arriving on its docket are also often of great complexity, covering an unprecedented number of fields. The aims of this volume are to study the impact of these developments, examine the legitimacy of the Court's output in this novel context and provide an appraisal of its overall performance. In doing so, specific attention is paid to its most recent case law on four topics: the general principles of EU law, external relations, the internal market and Union citizenship. Featuring contributions by Maurice Adams, Henri de Waele, Johan Meeusen and Gert Straetmans, Koen Lenaerts, Ján Mazák and Martin Moser, Stephen Weatherill, Jukka Snell, Michael Dougan, Daniel Thym, Eileen Denza, Michal Bobek, and Joseph Weiler.
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The Strange Alchemy of Life and Law

Author: Albie Sachs

Publisher: Oxford University Press

ISBN: 0199605777

Category: Biography & Autobiography

Page: 320

View: 6982

Albie Sachs gives an intimate account of his extraordinary life and work as a judge in South Africa. Mixing autobiography with reflections on his major cases and the role of law in achieving social justice, Sachs offers a rare glimpse into the workings of the judicial mind and a unique perspective on modern South African history.
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Final Judgment

The Last Law Lords and the Supreme Court

Author: Alan Paterson

Publisher: A&C Black

ISBN: 1782252797

Category: Law

Page: 366

View: 6259

The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before?The remarkable width and depth of his examination?has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
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The Judicial Process

Realism, Pragmatism, Practical Reasoning and Principles

Author: E. W. Thomas

Publisher: Cambridge University Press

ISBN: 9780511128622

Category: Law

Page: 432

View: 4790

In the absence of a sound conception of the judicial role, judges at present can be said to be 'muddling along'. They disown the declaratory theory of law but continue to behave and think as if it had not been discredited. Much judicial reasoning still exhibits an unquestioning acceptance of positivism and a 'rulish' predisposition. Formalistic thinking continues to exert a perverse influence on the legal process. This 2005 book dismantles these outdated theories and seeks to bridge the gap between legal theory and judicial practice. The author propounds a coherent and comprehensive judicial methodology for modern times. Founded on the truism that the law exists to serve society, and adopting the twin criteria of justice and contemporaneity with the times, a judicial methodology is developed which is realistic and pragmatic and which embraces a revised conception of practical reasoning, including in that conception a critical role for legal principles.
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Feminist Judgments

From Theory to Practice

Author: Rosemary Hunter,Clare McGlynn,Erika Rackley

Publisher: Bloomsbury Publishing

ISBN: 1847317278

Category: Law

Page: 504

View: 7810

While feminist legal scholarship has thrived within universities and in some sectors of legal practice, it has yet to have much impact within the judiciary or on judicial thinking. Thus, while feminist legal scholarship has generated comprehensive critiques of existing legal doctrine, there has been little opportunity to test or apply feminist knowledge in practice, in decisions in individual cases. In this book, a group of feminist legal scholars put theory into practice in judgment form, by writing the 'missing' feminist judgments in key cases. The cases chosen are significant decisions in English law across a broad range of substantive areas. The cases originate from a variety of levels but are primarily opinions of the Court of Appeal or the House of Lords. In some instances they are written in a fictitious appeal, but in others they are written as an additional concurring or dissenting judgment in the original case, providing a powerful illustration of the way in which the case could have been decided differently, even at the time it was heard. Each case is accompanied by a commentary which renders the judgment accessible to a non-specialist audience. The commentary explains the original decision, its background and doctrinal significance, the issues it raises, and how the feminist judgment deals with them differently. The books also includes chapters examining the theoretical and conceptual issues raised by the process and practice of feminist judging, and by the judgments themselves, including the possibility of divergent feminist approaches to legal decision-making. From the foreword by Lady Hale 'Reading this book ought to be a chastening experience for any judge who believes himself or herself to be both true to their judicial oath and a neutral observer of the world? If lawyers and judges like me have so much to learn from reading this book, then surely other, more sceptical, lawyers and judges have even more to learn?other scholars, and not only feminists, must also be fascinated by the window it opens onto the process of judicial reasoning: not the straightforward, predetermined march from A to B of popular belief, but something altogether more complicated and uncertain. And anyone will find it a very good read.'
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The Importance of Not Being Earnest

The feeling behind laughter and humor

Author: Wallace Chafe

Publisher: John Benjamins Publishing

ISBN: 9027292973

Category: Psychology

Page: 167

View: 629

The thesis of this book is that neither laughter nor humor can be understood apart from the feeling that underlies them. This feeling is a mental state in which people exclude some situation from their knowledge of how the world really is, thereby inhibiting seriousness where seriousness would be counterproductive. Laughter is viewed as an expression of this feeling, and humor as a set of devices designed to trigger it because it is so pleasant and distracting. Beginning with phonetic analyses of laughter, the book examines ways in which the feeling behind the laughter is elicited by both humorous and nonhumorous situations. It discusses properties of this feeling that justify its inclusion in the repertoire of human emotions. Against this background it illustrates the creation of humor in several folklore genres and across several cultures. Finally, it reconciles this understanding with various already familiar ways of explaining humor and laughter.
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