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Commonsense Justice

Jurors’ Notions of the Law
  • Norman J. Finkel
Language: English
Published/Copyright: 2011
View more publications by Harvard University Press

About this book

In this timely book, Norman Finkel looks at the relationship between the “law on the books,” as set down in the Constitution and developed in cases and decisions, and what he calls “commonsense justice”: the ordinary citizen’s notions of what is just and fair.

Reviews

At a time when the jury system is under increasing scrutiny and there is evidence that jurors in some cases are rebelling against the law, Norman Finkel’s [book] is a welcome addition to the literature on this venerable but beleaguered institution. This book explores the relation between ‘black letter’ law and ‘commonsense justice’ or ‘community sentiment’… Finkel’s central question is ‘should the law follow the path laid by community sentiment, or should the community follow the path the law has laid?’… Commonsense Justice is a book of broad scope, embracing issues of substantive constitutional and criminal law and empirical research on juries.
-- Thomas Schmeling Law and Politics Book Review

Timely in light of the recent acquittal of O.J. Simpson, this book addresses jury nullification, or the ability of juries to make law and not simply determine facts.
-- Choice


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Publishing information
Pages and Images/Illustrations in book
eBook published on:
July 1, 2009
eBook ISBN:
9780674036871
Pages and Images/Illustrations in book
Main content:
400
Downloaded on 24.9.2025 from https://www.degruyterbrill.com/document/doi/10.4159/9780674036871/html
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