Legal Architecture: Justice, Due Process and the Place of Law

Routledge, 2010年12月16日 - 208 頁

Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the internal design of the courthouse and courtroom are crucial to a broader and more nuanced understanding of the trial. Partitioning of the courtroom into zones and the restriction of movement within it are the result of turf wars about who can legitimately participate in the legal arena and call the judiciary to account. The gradual containment of the public, the increasing amount of space allocated to advocates, and the creation of dedicated space for journalists and the jury, all have complex histories that deserve attention. But these issues are not only of historical significance. Across jurisdictions, questions are now being asked about the internal configurations of the courthouse and courtroom, and whether standard designs meet the needs of modern participatory democracies: including questions about the presence and design of the modern dock; the ways in which new technologies threaten to change the dynamics of the trial and lead to the dematerialization of our primary site of adversarial practice; and the extent to which courthouses are designed in ways which realise their professed status as public spaces. This fascinating and original reflection on legal architecture will be of interest to socio-legal or critical scholars working in the field of legal geography, legal history, criminology, legal systems, legal method, evidence, human rights and architecture.


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List of figures and sources x
Acknowledgements xiv
Existing work in the field 3
Introduction 14
Justice without walls 15
Shared public spaces 24
Parallel functions 29
Conclusion 33
Introduction 83
Keeping the court open 87
Modernday practices 95
Putting the press in their place 101
Conclusion 106
Introduction 112
Temples to justice 118
Symbolic courts and civic pride 124

Introduction 38
Segmentation 43
Segregated circulation routes 48
Introduction 59
The spatial demands of lawyers 64
Challenges to the isolation of the defendant 73
Conclusion 78
Fear 131
Introduction 162
Laws aesthetic 169
Meaningful encounters? 174
Bibliography 183
Index 201

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關於作者 (2010)

Linda Mulcahy is a Professor in Law at the London School of Economics.