The Legal Process and the Promise of Justice
Studies Inspired by the Work of Malcolm Feeley

Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.

Rosann Greenspan (Edited by), Hadar Aviram (Edited by), Jonathan Simon (Edited by)

9781108401975, Cambridge University Press

Paperback / softback, published 19 May 2022

406 pages
22.9 x 15.2 x 2.1 cm, 0.544 kg

'Far from being only a much deserved tribute to Malcolm Feeley, this book opens up new perspectives. By recalling the numerous insights of his scholarship, from The Process is the Punishment to debates on court reform or sociology of legal professionals, this rich array of scholars put these studies in perspective and demonstrate how fruitful his perspective is for socio-legal studies, in several national contexts. The same could even be said beyond that specific field, from the sociology of organizations to public policy analysis.' Liora Israël, École des Hautes Etudes en Sciences Sociales, Paris

Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.

Introduction Jonathan Simon, Hadar Aviram and Rosann Greenspan
Part I. The Process is the Punishment: 1. Adversarial bias and the criminal process: infusing the organizational perspective on criminal courts with insights from behavioral science Hadar Aviram
2. Malcolm Feeley's concept of law Issa Kohler-Hausmann
3. Process as intergenerational punishment: are children casualties of parental court experiences? Kay Levine and Volkan Topalli
4. The process is the problem Shauhin Talesh
Part II. Court Reform on Trial: 5. Vaping on trial: e-cigarettes, law, and society Eric Feldman
6. Japanese court reform on trial David T. Johnson and Setsuo Miyazawa
7. Court reform and comparative criminal justice David Nelken
8. The birth of the penal organization: why prisons were born to fail Ashley T. Rubin
9. The misbegotten: infanticide in Victorian England Lawrence M. Friedman
Part III. Judicial Policymaking and the Modern State: 10. Judicial deference in the modern state Lauren B. Edelman
11. Judges, labor, and economic inequality Paul Frymer
12. Administrative 'states' of judicial policy on gender-motivated violence Christine B. Harrington
13. Can courts abolish mass incarceration? Jonathan Simon
14. Policy making by out-of-court settlements: intelligence informers at the Israeli High Court of Justice Menachem Hofnung
Part IV. Political Liberalism and the Legal Complex: 15. The international legal complex: Wang Yu and the global response to repression of China's political lawyers Terence C. Halliday
16. The legal profession's promise of justice: choices and challenges in legal and socio-legal work Mark Fathi Massoud
17. The varieties of judicial independence and the judiciary's role in political reform Edward L. Rubin
18. The legal complex and lawyers-in-chief Kim Lane Scheppele.

Subject Areas: Public international law [LBB], International law [LB], Legal history [LAZ], Law & society [LAQ], Jurisprudence & philosophy of law [LAB], Jurisprudence & general issues [LA], Law [L]