If after one Cheyenne has murdered another he has to be banished and the sacred arrows of the tribe have to be cleansed, what is to be done with a woman who kills her father when he tries to rape her, or, on the other hand, with a woman who by unjustified ill-treatment causes her daughter to commit suicide? Al-though the doctrine of federalism is not involved in that case at all, the relationship between federalism and judicial review is hardly casual. Although in the misleadingly named “inquisitorial system” of civil-law countries, judges have somewhat more leeway in making independent investigations, they too operate under narrowly prescribed procedures designed to exclude from consideration any facts or arguments except those which the participants have presented in formal proceedings. The French judiciary, for example, has never been the pivot for any major political interest. More successful have been indirect efforts to curtail the use of the jury by encouraging waiver of the constitutional right or by making the party demanding this method of trial pay some of the extra costs entailed thereby. We’d love your help. The post-1945 period. He seems always able to strike the point with least number of words and most accurate terms, avoiding ambiguity, redundancy, and confusion. of California Press. The judicial process is a set of interrelated procedures and roles for deciding disputes by an authoritative person or persons whose decisions are regularly obeyed. .. . Nevertheless, until more strenuous efforts have been made to overcome these methodological problems, it would be unduly pessimistic to suggest that they are insur-mountable. Also, we will help you check on plagiarism to ensure that your final paper posses quality and originality. Cardozo is obscure and baroque. 141–142, 284–290; Schapera 1938, p. 157). It only discussed to the judicial process in the context of common law tradition and was largely influenced by the progressive philosophy then. or a simple word defining types of action or relationships between persons. Increasing interest in criminal law also may be responsible, in part, for another significant recent development: the utilization of new methods and techniques of research in the law. Is law separate from morality or based upon it? With an introduction and bibliographies by Alan F. Westin. Each is free to do its work without serious threat of intervention from the other. Kentucky Law Journal 52:294–343. But the “‘forward-looking scholar” (who was most likely to be abreast of the thinking in the neighboring discipline) found grist aplenty in the current product of the appellate courts to disapprove and to ‘show up’ as being by no means inherent in the scheme of our law” (Llewellyn 1960, p. 13).