"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.

Leading empirical legal scholars from around the world explore whether and under what conditions the judicial process is efficient.

This book is a critical examination of the different roles of conscience and cognition in social research in China and the West, exploring how the two traditions can enrich each other and help societies navigate through the complex intellectual and moral crises of our time. Drawing on a rich array of primary and secondary sources, this title traces the development of the Confucian conception of conscience, from Confucius and Mencius to Xiong Shili and Mou Zongsan, two representatives of Neo-Confucianism. This primacy of a moral sense is compared and contrasted with the tension within the Western culture between strains that place a premium on understanding and a deep commitment to the search for meaning in such philosophers as Habermas and Heidegger. The author explicates why such a commitment is essential to social research and how the focus on instrumental rationality that has defined modernity may be corrected by recentering the role of conscience on intellectual inquiry in general. To that end, both Chinese and Western cultures have plenty to offer both in terms of substantive insights and research methodologies. The book will be a crucial reference for scholars and students interested in Western philosophy, comparative philosophy and Chinese philosophy.

The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.

While there are many English books available on academic research methods and philosophy, many complain that they are difficult for budding, non-native English-speaking researchers to use and understand. Rather than hiding behind jargon, writers should describe and define the concepts for the benefit of non-native English speakers. Social Research Methodology and Publishing Results: A Guide to Non-Native English Speakers explains methods commonly used in the field of academic research, provides stimulus to non-native English-speaking researchers for successful implementation of academic research, and meets the need for an appropriate course framework and materials for teaching research methodology. Covering topics such as pragmatism, research design, and empirical modeling, this premier reference source is a dynamic resource for educators and administrators of higher education, pre-service teachers, librarians, teacher educators, non-native English-speaking researchers, and academicians.

′This book admirably fulfils its stated objective of describing social research methods in action and exploring, from a range of perspectives, the linguistic shaping of social context. Overall, this is a balanced, well-edited and coherent collection of papers, bringing together high quality work from recognized authorities in the analysis of talk-in-interaction. It is also highly accessible; it would certainly make an excellent resource book for undergraduate, graduate (and practising!) social scientists ′ - Rebecca Clift, University of Essex ′Talk and Interaction in Social Research Methodologies is a much-needed methods text. Focusing on research methods in action, the volume offers a new way of viewing the realities of social research. By taking language use seriously, the text reveals the details and depths of a wide range of research projects as they have seldom been presented before. This is the first book of its kind to offer such a powerful and insightful depiction of the role of talk-in-interaction in relation to social research methods. The book′s plan is creative and unparalleled. There′s nothing else like it. The editors—Paul Drew, Geoffrey Raymond and Darin Weinberg—represent the very best from multiple traditions of researching talk-in-interaction—from both sides of the Atlantic. The chapters are written by a sterling collection of researchers—a virtual honor roll of conversation analysts and kindred spirits. This book is a "must read" for social researchers of all disciplines who are interested in social interaction. It should be assigned reading for all graduate students being introduced to qualitative methods. It should be on every qualitative researcher′s book shelf. It is a tour de force in demonstrating the absolutely fundamental position that language use holds in social science methodology′ - James A Holstein, Marquette University This is a methodology text with a difference. It demonstrates the importance of talk in a variety of social research methodologies. Even documents, the seemingly least interactional form of social data, are shown to have important interactional dimensions. The book focuses systematically on how sociological methods are essentially conducted through forms of spoken interaction, and how these interactions shape the results that emerge in research. The book demonstrates: " How spoken interactions shape the outcomes of core research methodologies " The role which talk-in-interaction plays in key substantive areas of sociology notably race, crime, gender and media " Reveals the interactional underpinnings of research methodologies This is the first text aimed at an undergraduate and Master′s audience in Sociology and Social Research, which shows the crucial part that spoken interaction plays in the conduct and products of conventional sociological methodologies.

Legal research examines subject matter enshrouded in social circumstances in order to conceptualize theories and prepare a future course of action. This dynamic, inter-disciplinary, and labyrinthine character of legal research requires researchers to be fluid, eclectic, and analytical in their approach. Idea and Methods of Legal Research unearths how the thinking process is to be streamlined in research, how a theme is built on the basis of comprehensive and intensive study, and the paths through which notions of objectivity, feminism, ethics, and purposive character of knowledge are to be understood. The book first explains the meaning, evolution, and scope of legal research, and discusses objectivity and ethics in legal research. It engages with the requirements, advantages, and limits of various doctrinal and non-doctrinal methods and tools, and the points to be considered in selecting a suitable method or combination of methods. It highlights analytical, historical, philosophical, comparative, qualitative, and quantitative methods of legal research. The book then goes on to discuss the use of multi-method legal research, policy research, action research, and feminist legal research and finally, reflects on research-based critical legal writing, as opposed to client-related legal writing. This book, thus, is a comprehensive answer to key questions one faces in legal research.

The book comprehensively covers the subject of Court Martial, expanding the concept of the decision-making process of court-martial, for the reasons contextually explained, to include not only the decisions of court-martial proper on various issues before it, but also the pre and the post- trial matters, including investigation of the reported offence and review of the trial proceedings. Some of the specific questions designed to cover the subject relate to highly debatable and sensitive issues, such as the desirability of extending the court-martial jurisdiction to all civilian offenders in terrorism-struck areas like J&K. Similarly, much controversial Service issues, like command influence, human right violations by armed forces personnel, advisibility of continuing with summary court-martial in the Army, the court-martial verdict being a foregone conclusion and the trial procedure mere formality, the requirement of providing for bail and plea bargaining in the court- martial procedure et al, have been included in the book.

German Environmental Law addresses scholars, lawmakers, administrators, investors, & protectionists from outside Germany who do not read German but wish to have access to the sources of German environmental law. The major law texts concerning nature conservation, air quality control, water protection, waste management, road planning, environmental impact assessment & environmental liability are reproduced. Also included are the Technical Instructions on Air Quality Control, an administrative guideline of great practical importance, which is often taken as a point of reference for the construction of industrial plants, even outside Germany. The law texts are accompanied by a case-related introduction to German environmental law. While there are numerous introductions to & editions of German environmental law in the German language, this book is the first to outline German environmental law & reproduce the basic law texts in the English language.