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Reflections On The Korean Jury Trial, Valerie P. Hans
Reflections On The Korean Jury Trial, Valerie P. Hans
Cornell Law Faculty Publications
Korea's experience with its new jury system offers many lessons for those interested in juries and jury reform worldwide. Aiming for a unique jury system that was ideally suited to Korean citizens and their legal system, those who crafted Korea's jury incorporated elements of both classic jury systems and mixed tribunals. Initially, the jury deliberates on guilt independently of the judge, but the procedure includes optional as well as mandatory opportunities for the presiding judge to advise the jury during its deliberation. The Korean jury delivers an advisory rather than binding jury verdict. These and other features of the Korean …
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulationroom Project, Cynthia R. Farina, Hoi Kong, Cheryl Blake, Mary J. Newhart, Nik Luka
Democratic Deliberation In The Wild: The Mcgill Online Design Studio And The Regulationroom Project, Cynthia R. Farina, Hoi Kong, Cheryl Blake, Mary J. Newhart, Nik Luka
Cornell Law Faculty Publications
Although there is no single unified conception of deliberative democracy, the generally accepted core thesis is that democratic legitimacy comes from authentic deliberation on the part of those affected by a collective decision. This deliberation must occur under conditions of equality, broadmindedness, reasonableness, and inclusion. In exercises such as National Issue forums, citizen juries, and consensus conferences, deliberative practitioners have shown that careful attention to process design can enable ordinary citizens to engage in meaningful deliberation about difficult public policy issues. Typically, however, these are closed exercises-that is, they involve a limited number of participants, often selected to achieve a …
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans
Cornell Law Faculty Publications
No abstract provided.
It's The Aggregation, Stupid! [Book Review], Josh Chafetz
It's The Aggregation, Stupid! [Book Review], Josh Chafetz
Cornell Law Faculty Publications
This Comment reviews James Surowiecki's book, The Wisdom of Crowds (2004). It first situates Surowiecki's arguments with respect to traditional ideas of crowd stupidity, on the one hand, and Hayekian arguments about spontaneously ordering systems, on the other. Surowiecki notes that crowds can be both much smarter and much stupider than their component parts. The Comment examines Surowiecki's criteria for distinguishing smart crowds from stupid ones. It then applies those criteria to juries and theories of deliberative democracy, and makes several suggestions as to how we can structure deliberative institutions so as to make them wiser than their members.