poli sci midterm notes

poli sci midterm notes - The "logic of the triad" o Triadic...

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The “logic of the triad” o Triadic relationship between the Courts and Litigants 1 and 2, propped up by consent (agreement by sides that the framework is fair), ceremony (make judges appear above petty biases), law and the rule of law. o The triad is as universal as it is unstable. When the courts rule, the inevitably take a side. This is the basis of one of the Court’s primary roles, providing orderly dispute resolution. o There must be consent, ceremony, rule of law. o Paradox: when the third decides in favor of one of the two disputants, a shift occurs from the triad to a structure that is perceived by the loser as two against one. o It is very universal. “self-help; o If the court fails, then some people might resort to taking matters into their own hands o Like the movie Godfather o Disadvantages No procedural checks against mistakes or arbitrary action It might make things worse o Advantages They are tailored, particularized so compromise is possible Also efficient, quick, there are no lawyers, the parties know all of the information, and it can engender mutual accommodation because the resolution is reached together. The rule of law o Expectation that disputes could be settled through already existing laws.
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U.S Vs. Nixon o Supreme Court ruled that Nixon could not withhold tapes of White House conversations from a federal district court. o
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This note was uploaded on 03/27/2008 for the course POSC 120 taught by Professor Sanasarian during the Fall '07 term at USC.

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poli sci midterm notes - The "logic of the triad" o Triadic...

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