Hostname: page-component-848d4c4894-xfwgj Total loading time: 0 Render date: 2024-07-05T02:54:38.240Z Has data issue: false hasContentIssue false

Judging in Place: Architecture, Design, and the Operation of Courts

Published online by Cambridge University Press:  27 December 2018

Abstract

What can judicial architecture tell us about how courts function? In this essay, I examine Legal Architecture: Justice, Due Process, and the Place of Law (2011) by Linda Mulcahy and Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (2011) by Judith Resnik and Dennis Curtis. I argue that both books develop an understanding of judicial architecture as a socially contingent form of communication. I relate this expressive theory of architecture to older arguments about design and construction articulated by poet and novelist Victor Hugo and architect Frank Lloyd Wright. I also briefly explore the connections between this developing “jurisprudence of what's real” and more conventional forms of law-and-courts scholarship.

Type
Review Essay
Copyright
Copyright © American Bar Foundation, 2012 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Arnold, Thurman W. 1935. The Symbols of Government. New Haven, CT: Yale University Press.Google Scholar
Braverman, Irus. 2010. Hidden in Plain View: Legal Geography from a Visual Perspective. Law, Culture and the Humanities 7 (2): 173186.Google Scholar
Brigham, John. 2009. Material Law: A Jurisprudence of What's Real. Philadelphia, PA: Temple University Press.Google Scholar
Bybee, Keith. 2010. All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law. Stanford, CA: Stanford University Press.Google Scholar
Galanter, Marc. 1974. Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change. Law and Society Review 9:95160.Google Scholar
Goldberger, Paul. 2009. Why Architecture Matters. New Haven, CT: Yale University Press.Google Scholar
Hugo, Victor. 2005. The Hunchback of Notre Dame. Trans. Walter Cobb. New York: Chamberlin Bros.Google Scholar
Kagan, Robert A. 2001. Adversarial Legalism: The American Way of Law. Cambridge, MA: Harvard University Press.Google Scholar
Kritzer, Herbert, and Silbey, Susan, eds. 2003. In Litigation: Do the “Haves” Still Come Out Ahead? Stanford, CA: Stanford University Press.Google Scholar
Levine, Neil. 1982. The Book and the Building: Hugo's Theory of Architecture and Labrouste's Bibliothèque Ste-Genevieve. In The Beaux-Arts and Nineteenth-Century French Architecture, ed. Middleton, Robin, 139173. Cambridge, MA: MIT Press.Google Scholar
Mulcahy, Linda. 2011. Legal Architecture: Justice, Due Process, and the Place of Law. New York: Routledge.Google Scholar
Resnik, Judith, and Curtis, Dennis. 2011. Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms. New Haven, CT: Yale University Press.Google Scholar
Shapiro, Martin. 1981. Courts: A Comparative and Political Analysis. Chicago, IL: University of Chicago Press.Google Scholar
Tarr, Alan G. 2012. Without Fear or Favor: Judicial Independence and Judicial Accountability in the States. Stanford, CA: Stanford University Press.Google Scholar
Wright, Frank Lloyd. 1992. The Art and Craft of the Machine. In Frank Lloyd Wright Collected Writings, Vol. 1: 1894–1930, ed. Pfeiffer, Bruce Brooks, 5869. New York: Rizzoli.Google Scholar