NCJ Number
80366
Journal
International Journal of the Sociology of Law Volume: 9 Issue: 4 Dated: (November 1981) Pages: 407-436
Date Published
1981
Length
30 pages
Annotation
The effects of the American capitalist State's fiscal crisis on the judiciary's role in mediating the contradictions between economy and State are examined.
Abstract
The essay opens with an analysis of the fiscal budget of the Federal judicial branch from 1910 to 1980, focusing on the evolving relationship between the Federal courts and the State's other social expenses and investments. The historical origins of this fiscal dilemma for the courts are identified, followed by an analysis of the organizational reforms in response to this situation. The essay's second major section shows the relationship between the court's surrounding political economy and the personnel resources of the courts in 1950, 1960, and 1973. These findings are part of a larger empirical study of the U.S. Federal district courts. Based on statistical and historical data, it is shown that the concomitant increase in demands and the relative decrease in the resources of the State have significant consequences for the budgetary allocations to the judicial branch and its precarious role in preserving justice, social harmony, and governmental legitimacy. Tabular data, nine notes, and 95 references are provided. (Author summary modified)