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A Norms Approach to Jury “Nullification:” Interests, Values, and Scripts

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Abstract:

Juries and other lay tribunals are often justified because they leaven the law with community norms. Unfortunately, we do not have a particularly good theory of when and how juries substitute their normative judgments for the law. A first step in developing such a theory is to examine the nature of norms and the way jurors bring normative judgments to their task. In this article I compare and contrast different understandings of norms that currently are in vogue in the social sciences and then use these approaches to develop a more systematic understanding of when juries do and when they do not substitute their normative judgment for that of the law.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9930.2008.00268.x

Affiliations: University of Houston Law Center, USA

Publication date: January 1, 2008

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