The Ideal Socio-Legal Order. Its "Rule of Law" Dimension

Abstract. The author aims at defining the borderlines of the concept "rule of law." This has been often inflated to encompass several dimensions of an ideal legal order. The author on the contrary believes that the "rule of law" ought to be a "thin" ideal. As a matter of fact, when the "rule of law" signifies almost any dimension of an ideal legal order, it comes to stand for nothing essential in particular. Deflation is then advocated for the rehabilitation of the normative content of the "rule of law." This means that the "rule of law" should be defined as a concept covering only some well delimited dimensions of an ideal legal order.     

Criminal Justice Models As A Function of Ideological Images: A Social Learning Alternative To Packer

A theoretical anlaysis demonstrates that the crime control and due process models or perspectives (Packer, 1968) can be derived from the dominant images of persons that are embedded in ideological belief systems. The images are of the criminal and the citizen. The analysis represents a further application of a social learning model (Reed & Gaines, 1979, 1981) that conceptualizes ideological images as discriminative stimuli with drive and cue properties. Theoretically, these stimulus properties elicit and shape individual and system responses as a function of prior and preferred outcomes. Within the model a third image, persons-with-needs, helps to explain a number of practices that lie barely within or beyond the domain of Packer's perspectives. Discussion suggests that the three images provide a more comprehensive and heuristic approach to understanding and evaluating the criminal process than is afforded by Packer's relatively atheoretical formulation that is limited to two ideological belief systems.     

Juvenile Mental Health Court: Rationale and Protocols

Under the sponsorship of the judiciary, the Santa Clara County, California Juvenile Court, in partnership with the Juvenile Mental Health Department and a technical assistance agency (SOLOMON), has pioneered a Juvenile Mental Health Court for seriously mentally ill children who have become involved in the criminal justice system. The judiciary, probation department, district attorney, public defender, county counsel, and service providers have collectively embarked upon the implementation of a modern approach to mental health diagnosis, triage, and treatment services for youth and families who come in contact with the justice system as a result of the combination of serious mental illness and juvenile delinquency. This article presents the court's rationale and protocols.     

The Juristic Study of Law's Formal Character

Abstract. The author summarizes the essential elements of a general theory he is developing which he calls “The Formal Character of Law.” He explains that law's formal character is a potentially major branch of legal theory that is still relatively unexplored. In his view, it is possible to identify formal attributes in (1) legal rules, (2) other basic legal constructs such as interpretive method, the principles of stare decisis, legal reasons, and legislative and adjudicative processes, and (3) a legal system viewed as a whole. For example, a legal rule has, in varying degrees, such formal attributes as generality, definiteness, and simplicity. (Other constructs have other formal attributes.) Such attributes are formal in the sense that they apply to or accommodate highly variable content and do not prescribe or proscribe content. Of course, legal phenomena have other characteristics besides their formality. The author's main technique for developing his theory is to address a common set of questions to the varied formal attributes of (l), (2), and (3) above. Among other things, the answers to these questions further explicate how law is formal, demonstrate that law is not merely a means of serving problem-specific policy but also serves formal values (which may sometimes trump or limit policy), treats the relations between form and content—specially how good form begets good content and bad form bad content, explores the design and implementation of appropriate formality—its “anatomy and physiology,” and analyses the “pathology” of legal form including not only the “formalistic” (the overformal), but also the “sub-stantivistic,” and shows how the overall theory is important both jurisprudentially and in practical ways.     

VOTER PARTICIPATION IN MUNICIPAL COURT ELECTIONS IN LOS ANGELES COUNTY

Although significant research has been done on voter participation and the election of executives and legislators, very little literature exists on the election of state judges, and there is virtually no literature on the election of trial court judges. In view of the policy-making activities of judges, this absence of research hampers understanding of the overall public policy-making process. The few studies of the election of state supreme court justices indicate that, compared to other nonpartisan elections, participation in judicial elections is somewhat similar. This study of municipal court elections in Los Angeles county found that voter participation was higher than expected and suggests that changes in the process could have policy implications.