Studies in social and political thought.pdf (256.01 kB)
The role of the common law jury as direct deliberative mechanism for the democratic self-legitimation of law
journal contribution
posted on 2023-06-09, 02:45 authored by Valerie WhittingtonThe 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
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Publication status
- Published
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- Published version
Journal
Studies in Social and Political ThoughtISSN
1467-2219Publisher
Centre for Social and Political Thought School of History, Art History and Philosophy University of Sussex Falmer, Brighton BN1 9QNIssue
WinterVolume
24Page range
15-40Department affiliated with
- Philosophy Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2016-09-07First Open Access (FOA) Date
2016-09-07First Compliant Deposit (FCD) Date
2016-09-06Usage metrics
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