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IMPROVING THE LEGAL PROCESS - EFFECTS OF ALTERNATIVES

NCJ Number
39963
Author(s)
S S NAGEL
Date Published
1975
Length
414 pages
Annotation
COLLECTION OF A SERIES OF STUDIES WHICH APPLY SOCIAL SCIENCE METHOD, THEORY, AND SUBSTANCE TO CONTROVERSIAL ISSUES REGARDING THE EFFECTS OF ALTERNATIVE LEGAL POLICIES DESIGNED TO IMPROVE THE LEGAL PROCESS.
Abstract
IN THE CONTEXT OF THIS BOOK 'THE LEGAL PROCESS' REFERS MAINLY TO THE PROCEDURES WHEREBY COURTS ARRIVE AT DECISIONS AFFECTING THE IMMEDIATE PARTIES BEFORE THE COURT AND AT DECISIONS HAVING THE PROSPECTIVE EFFECT ON OTHERS OF LEGAL POLICY MAKING. THE CONCEPT ALSO REFERS TO PROCEDURES WHERE LEGISLATIVE BODIES AS WELL AS ADMINISTRATIVE AGENCIES, ARRIVE AT DECISIONS. THE CONCEPT OF 'IMPROVING' IN THE CONTEXT OF THIS BOOK REFERS TO MAXIMIZING OR MOVING TOWARD THE ACHIEVEMENT OF GIVEN GOALS WHICH HAVE BEEN OFFERED BY COMMENTATORS AND OTHERS AS GOALS WHICH THE LEGAL PROCESS SHOULD BE SEEKING TO ACHIEVE. THE BOOK IS PRIMARILY CONCERNED WITH SIX PROBLEMS INVOLVED IN APPLYING SOCIAL SCIENCE TO IMPROVING THE LEGAL PROCESS. THE SIX PROBLEMS CORRESPOND TO THE PARTS INTO WHICH THE BOOK IS DIVIDED. THESE ARE DEVELOPING A BASIC CONCEPTUAL AND METHODOLOGICAL SCHEME WHICH CAN BE USED FOR TESTING EFFECTS OF ALTERNATIVE LEGAL POLICIES; DECREASING DISCRIMINATION AGAINST WEAK LITIGANTS; IMPROVING JUDICIAL PERSONNEL; IMPROVING PROCEDURAL EFFICIENCY; INCREASING COMPLIANCE WITH THE LAW; AND DEVELOPING NEW RESEARCH AND TEACHING APPROACHES THAT WILL FACILITATE THE APPLICATION OF SOCIAL SCIENCE TO IMPROVING THE LEGAL PROCESS. (AUTHOR ABSTRACT)...EB