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

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journal contribution
posted on 2023-06-09, 02:45 authored by Valerie Whittington
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

History

Publication status

  • Published

File Version

  • Published version

Journal

Studies in Social and Political Thought

ISSN

1467-2219

Publisher

Centre for Social and Political Thought School of History, Art History and Philosophy University of Sussex Falmer, Brighton BN1 9QN

Issue

Winter

Volume

24

Page range

15-40

Department affiliated with

  • Philosophy Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-09-07

First Open Access (FOA) Date

2016-09-07

First Compliant Deposit (FCD) Date

2016-09-06

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