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Malcolm Feeley's work is well-known to scholars around the world
and has influenced two generations of criminologists and legal
scholars. He has written extensively on crime and the legal process
and has published numerous articles in law, history, social science
and philosophy journals; two of his books, The Process is the
Punishment and Court Reform on Trials, have won awards. This volume
brings together many of his better-known articles and essays, as
well as some of his lesser-known but nevertheless important
contributions, all of which share the common theme of the value of
the rule of law, albeit a more sophisticated concept than is
commonly embraced. The selections also reveal the full range of his
interests and the way in which his research interests have
developed.
A classic study in law and society is now readily available to
scholars, researchers, and others in the field of criminal justice,
due process, policing, and administrative procedure. It adds a new
Preface by the author and a new Foreword by Berkeley law professor
Malcolm M. Feeley. As the author reflects: I think it was my first
day in the field that the police liaison to the district attorney's
probation revocation program exclaimed, "Forget rights Forget right
to jury Forget right to bail There are no rights " As Malcolm
Feeley says in his Foreword, what I "discovered" over the course of
researching and writing this study was in plain view from the
beginning. The criminal process has largely been subsumed as an
administrative process and the procedural rights enshrined in the
Bill of Rights have long since faded away. What I hope my work
explains is how this happened doctrinally-how the expansion of
criminal due process was halted and redirected by the very
administrative due process revolution it gave birth to. And how it
happened in practice-how police, prosecutors, and corrections came
to realize that they had the tools to bypass the criminal process
in enforcing the criminal sanction.
In his new Foreword, Feeley describes the book as "a brilliant
analysis of the criminal process" and explains why its relevance
and theoretical power have increased over time. In a nation where
legal rights and process became enhanced in criminal courts and
formal processes of adjudication, Greenspan showed the bypassing of
much of this framework by the substitution of parole revocation,
probation, and the like-by what Feeley summarizes as "the triumph
of the administrative model. Her thesis shows how this occurred.
The backlash to the Warren Court's criminal due process revolutions
was not a wholesale abandonment of rights, but an embrace of a
lower standard of due process, administrative due process." Some of
these changes are well known, of course, but "Greenspan's study is
brilliant precisely because it problematizes these developments. It
identifies the central issue, how thinking about the criminal
process has been so fundamentally yet unwittingly transformed."
This book is a powerful look at these reforms and
transformations, presented in the "Classic Dissertation Series" by
Quid Pro Books.
COURT REFORM ON TRIAL is a recognized study of innovation in the
process of criminal justice, and why it so often fails-despite the
best intentions of judges, administrators, and reformers. The arc
of innovation to disappointment is analyzed through such programs
as bail reform, pretrial diversion, speedy trials, and determinate
sentencing. A much-maligned system of plea bargaining shifts power
to prosecutors away from judges, and formal trials recede in
importance-but is that really the problem? Perhaps failure lies in
unrealistic expectations, splintered systems and decisionmaking,
waning political will, unempowered constituencies, and reformers'
hubris. Feeley analyzes the persistent failure and proposes
insightful pathways out of the cycle. First commissioned as a study
in the influential Twentieth Century Fund series, the book is
accessible for today's readers as part of the Classics of Law &
Society series of Quid Pro Books. It adds a reflective preface by
the author and a new foreword by Greg Berman, Executive Director of
the Center for Court Innovation. Calling it an "intellectual
touchstone ... brimming with energy not resignation," Berman writes
that the book "has all of the hallmarks of Feeley's best work.
Lucid prose. Idiosyncratic analysis. A willingness to speak truth
to vested interests. And a commitment to describing the way the
world actually works from a ground-level perspective-as opposed to
the official versions of how systems theoretically should
function." "The world has changed a lot and not at all" since the
book was first published, Berman adds. "What is striking reading
COURT REFORM ON TRIAL again in 2013 is just how relevant it still
is.... The number one reason why it should still be required
reading for anyone who wants to help our justice system improve is
the book's relentless focus on failure." As U.S. District Judge
Jack Weinstein noted (as to the first edition), "At last the
intelligent layman and lawyer have a sophisticated but easily
understood analysis of what can and should be done to improve the
administration of justice in the United States. What a welcome
relief from the demagoguery that permeates most public discussion
of the problem." In reviewing the book in the California Law
Review, Judge William Wayne Schwarzer stated: "Public interest in
other issues waxes and wanes, but court reform has constituencies
that never seem to tire. Feeley's book offers an interesting and
insightful panorama of efforts to reform the criminal justice
system." Those constituencies, and thoughtful readers in many
fields, will enjoy a fresh view of the panorama. Using a modern
presentation and adding the new introductions, the Quid Pro edition
maintains continuity with previous printings by embedding the
original pagination; this feature facilitates referencing and
classroom assignment-and permits matching, usable pagination in the
new ebook edition.
This pathbreaking book "remains the definitive analysis of the
first crucial decade of the formulation of the Constitution of
Europe by at the time a little-known court. It must be read by all
serious scholars of European integration." - Malcolm M. Feeley
(University of California at Berkeley), from the new Foreword. In
the early days of what would become the European Union, the new
entity had a weak and ill-defined legislature and executive. And
the European Court of Justice, whose decisions, actions, and even
inactions subtly paved the way to a continent's integration.
"Scheingold showed that its efforts, deftly melding law and
politics, were a success beyond mere dispute-resolution and
development of legal doctrine," writes Feeley in the new
introduction to this classic study. "He was well aware that he was
present at the creation of a powerful new institution. Yet he stood
virtually alone in seeing what such an institution, using its power
this way, could realize in terms of political integration. The
resulting book was a masterpiece." The formative years of the EU
relied on consensus and legal processes, and an emerging, agile
Court-but not on the predictable analogy to federalization as in
U.S. Constitutional law-to evolve integration and respect for a
higher authority than national law. Scheingold reveals these
insights by examining political activity with his in-the-trenches
research more than by the customary analysis of doctrine. Presented
in a new, affordable printing with modern formatting and the new
Foreword, the book is part of the Classics of Law & Society
Series from Quid Pro Books. It embeds the original pagination, to
enhance referencing and citations from previous printings and to
allow continuity with the new digital edition.
Federalism is one of the most influential concepts in modern
political discourse: a building block of modern governance, but
also the focus of immense controversy. As esteemed scholars Malcolm
M. Feeley and Edward Rubin show, much of this controversy stems
from theoretical vagueness inherent in contemporary definitions of
the term. The multiethnic states that emerged from the imperial
collapses at the turn of the twentieth century - and which
generally moved toward stable, democratic governments in the
ensuing decades - have given rise to almost limitless variations on
the basic federalist premise of a coordinated central government
sharing power with subnational units.This proliferation has eroded
hopes for a single, coherent definition of federalism. Instead,
ambiguity has left the concept susceptible to use as an instrument
of rhetoric and ideology. Feeley and Rubin expose the ambiguities
of modern federalism, offering a powerful but generous treatise on
the modern salience of the term.This book provides a new analysis
of a fundamental concept in politics and law, by a pair of
influential and respected scholars.
What explains divergences in political liberalism among new nations
that shared the same colonial heritage? This book assembles
exciting original essays on former colonies of the British Empire
in South Asia, Africa and Southeast Asia that gained independence
after World War II. The interdisciplinary country specialists
reveal how inherent contradictions within British colonial rule
were resolved after independence in contrasting liberal-legal,
despotic and volatile political orders. Through studies of the
longue duree and particular events, this book presents a theory of
political liberalism in the post-colony and develops rich
hypotheses on the conditions under which the legal complex, civil
society and the state shape alternative postcolonial trajectories
around political freedom. This provocative volume presents new
perspectives for scholars and students of postcolonialism,
political development and the politics of the legal complex, as
well as for policy makers and publics who struggle to construct and
defend basic legal freedoms.
Between 1965 and 1990, federal judges in almost all of the states
handed down sweeping rulings that affected virtually every prison
and jail in the United States. Without a doubt judges were the most
important prison reformers during this period. This book provides
an account of this process, and uses it to explore the more general
issue of the role of courts in the modern bureaucratic state. In
doing so, it provides detailed accounts of how the courts
formulated and sought to implement their orders, and how this
action affected the traditional conception of federalism,
separation of powers, and the rule of law.
Federalism is one of the most influential concepts in modern
political discourse as well as the focus of immense controversy
resulting from the lack of a single coherent definition. Malcolm M.
Feeley and Edward Rubin expose the ambiguities of modern
federalism, offering a powerful but generous treatise on the modern
salience of the term.
Between 1965 and 1990, federal judges in almost all of the states handed down sweeping rulings that affected virtually every prison and jail in the United States. Without a doubt judges were the most important prison reformers during this period. This book provides an account of this process, and uses it to explore the more general issue of the role of courts in the modern bureaucratic state. It provides detailed accounts of how the courts formulated and sought to implement their orders, and how this action affected the traditional conception of federalism, separation of powers, and the rule of law.
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