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Focusing on the relationship between prosecutors and democracy, this volume throws light on key questions about prosecutors and the role they should play in liberal self-government. Internationally distinguished scholars discuss how prosecutors can strengthen democracy, how they sometimes undermine it, and why it has proven so challenging to hold prosecutors accountable while insulating them from politics. The contributors explore the different ways legal systems have addressed that challenge in the United States, the United Kingdom, and continental Europe. Contrasting those strategies allows an assessment of their relative strengths - and a richer understanding of the contested connections between law and democratic politics. Chapters are in explicit conversation with each other, facilitating comparison and deepening the analysis. This is an important new resource for legal scholars and reformers, political philosophers, and social scientists.
George Orwell began his celebrated essay on Charles Dickens by remarking that Dickens was “one of those writers who are well worth stealing.…The Marxist claims him as ‘almost’ a Marxist, the Catholic claims him as ‘almost’ a Catholic, and both claim him as a champion of the proletariat.” Even Chesterton, Orwell pointed out, “credit[ed] Dickens with his own highly individual branch of medievalism.” Everyone wanted Dickens as an ally; everyone saw in him a sympathetic soul.
Bill Stuntz is the Charles Dickens of criminal procedure scholars. Burkean skeptics praise him as a model Burkean skeptic. Law-and-order conservatives enlist him in arms against the legacy of the Warren Court. Liberals embrace him as a critic of overcriminalization, excessive punishment, and inequality. Even scholars assigned to critique Stuntz's work have usually paused first to make clear that, really, on the important matters, they see eye to eye with him.
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