The role of the common law jury as direct deliberative mechanism for the democratic self-legitimation of law

Whittington, Valerie (2015) The role of the common law jury as direct deliberative mechanism for the democratic self-legitimation of law. Studies in Social and Political Thought, 24 (Winter). pp. 15-40. ISSN 1467-2219

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Abstract

The concept of legitimacy is examined (I) through a reading of Habermas’s work on communicative action, and through a reading of the opening chapters of Between Facts and Norms. The claim that legal juries function in a manner similar to a ‘parliament’ is rejected in favour of a claim that they exercise a decentred ‘particle’ of popular sovereignty. (II) An analysis of the jury’s lifeworld origins is undertaken and, (III) the essay then considers the democratic function of the operation of ‘jury equity’ whereby juries may produce ‘perverse’ decisions, or as described in the USA – jury ‘nullification’ whereby juries bring in verdicts that go against overwhelming evidence

Item Type: Article
Keywords: legitimacy, juries, common law, Habermas, deliberative democracy
Schools and Departments: School of History, Art History and Philosophy > Philosophy
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
B Philosophy. Psychology. Religion > B Philosophy (General) > B3258.H32 Habermas, Jürgen
J Political Science > JC Political theory. The state. Theories of the state > JC328.2 Consensus. Consent of the governed
J Political Science > JC Political theory. The state. Theories of the state > JC337 Civil society
J Political Science > JN Political institutions (Europe) > JN0101 Great Britain
K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0201 Jurisprudence. Philosophy and theory of law
K Law > K Law in General. Comparative and uniform Law. Jurisprudence
Depositing User: Valerie Whittington
Date Deposited: 07 Sep 2016 07:27
Last Modified: 06 Mar 2017 04:00
URI: http://sro.sussex.ac.uk/id/eprint/63167

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