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Decisions to Imprison - Court Decision-Making Inside and Outside the Law (Paperback)
Loot Price: R1,492
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Decisions to Imprison - Court Decision-Making Inside and Outside the Law (Paperback)
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Rasmus Wandall uses quantitative and qualitative methods from
studies carried out in Denmark, to address the formal and informal
norms and ideologies that are used to generate decisions to
imprison. Focusing on the operations of the courtroom participants,
his work investigates how court decision-making is organized to
allow the sentencing procedure to be open to more than its formal
legal framework, while at the same time keeping the sentencing
within the boundaries of law and legal validity. The author uses
the theory of law's operational closure, developed by Niklas
Luhmann. The theory provides an advantageous point of departure to
capture the close and subtle interactions between law's need for
validity and for contextual openness in every legal operation -
including court decision-making.
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