• A Theory of Government Called Nullification - dummies
  • What is nullification theory
  • The Limits of Nullification - The New York Times

jurors expressed or implied opposition to the laws against murder, their verdict was certainly not an example of nullification in that sense.

On what principle(s) is the theory of nullification based on?

What is the theory of nullification, and why is it important

Jury nullification is not a violation of the rule of law because it is part of the rule of law.
One foundational concept that was originally given in Genisis was that God created man in His image. This has been interpreted in many different ways by early scholars of the Toraḥ through to the early Kabbalistic scholars in the Zohar and by Lurianic thought, as well as the Talmudic scholars. In the early Judaic theology there coexisted two concepts of God. One believed that the Biblical text should be taken ‘as it is’ or by its literal interpretation and the other believed that some of the text, especially those regarding the depiction of God as a person, is to be taken metaphorically.

01/02/2018 · Answer to: What is nullification theory

Indeed,  conception of the rule of law would forbid civil disobedience, which was justified by Martin Luther King, quoting St.
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Jury Nullification and the Rule of Law

The role of Nullification in the history of the United States of America.
The political correctness ideologies such as Pluralism, Homosexuality, Feminism, Liberalism, Anti-Semitism etc were being accepted by mainstream humanistic science as ‘a priori’ without being subjected to either verification or falsification. They were simply accepted by professors and subsequently students of Humanistic Social Sciences as factual representations of human behaviour and attitudes even though there was no substantial body of empirical evidence to support these ideologies.

The basis for the nullification theory is that the federal union was a compact of sovereign states
In 1995, Professor and former prosecutor Paul Butler made a provocative, controversial proposal in the pages of the Yale Law Journal. Appearing just months after O.J. Simpson was acquitted of double murder charges by a predominantly African-American jury in Los Angeles, Butler, who is African-American, proposed that African-American jurors across the country engage in the practice of jury nullification when African-American defendants faced trial for victimless, nonviolent crimes. See Paul Butler, , 105 Yale L.J. 677 (1995). Because the prosecution may not, under the Constitution, appeal the acquittal of a criminal defendant, jurors essentially by "nullify" a guilty verdict that is dictated by the evidence simply by refusing to vote for conviction. Most jurisdictions require unanmious votes for conviction, so a single juror could act to nullify an otherwise valid criminal conviciton.

WHAT IS NULLIFICATION? | Dare call it Treason

Nullification leaders in South Carolina had expected the support of other Southern states, but without exception, the rest of the South declared South Carolina's course unwise and unconstitutional. Eventually, South Carolina rescinded its action. Both sides, nevertheless, claimed victory. Jackson had committed the federal government to the principle of Union supremacy. But South Carolina, by its show of resistance, had obtained many of the demands it sought, and had demonstrated that a single state could force its will on Congress.

Nullification (U.S. Constitution) - Wikipedia

Butler used drug offenses as his paradigmatic example, and focused on prosecutions for crack cocaine which carry significant prison terms under federal sentencing guidelines. Arguing that "the race of a black defendant is sometimes a legally and morally appropriate factor to consider in reaching a verdict of not guilty or in refusing to vote for conviction," Butler premised his proposal on the large numbers of black men currently incarcerated in the United States; on intentional and unintentional racism in the American criminal justice system; and on the broader societal structures of white supremacy and black subjugation that have defined American race relations from colonial times to the present. Butler expressly drew on central tenets of critical legal theory. Anticipating arguments that jury nullification would undermine the rule of law, Butler invoked critical legal theory’s counter proposition that "law is indeterminate and incapable of neutral interpretation." He also responded to potential objections that his proposal was undemocratic by noting the long and systematic exclusion of American-Americans from meaningful participation in the U.S. democratic process. Butler analogized his proposal to the acts of civil disobedience that characterized the struggle for civil rights in the 1950’s and 1960’s, and citing Dr. Martin Luther King, Jr.’s example to argue that African-American jurors do not have a moral obligation to follow laws which they believe are morally unjust.

nullification crisis | Summary & Significance | …

Butler’s proposal attracted attention and criticism. For example, Professor Andrew Liepold attacked almost every element of Butler’s argument. See Andrew D. Liepold, , 44 U.C.L.A. L. Rev. 109 (1996). Leipold quesitoned the opinions of African-Americans about violence and crime cited by Butler. Leipold also distinguished Butler’s proposal from the prior common law tradition of jury nullification extending from 18th-century England into the mid-20th century although Butler had tried to support his proposal by reference to this prior tradition. Liepold warned that Butler’s proposal would encourage drug offenders to become even more brazen in their lawlessness and also discourage police and prosecutors from even trying to enforce drug laws in black communities. The proposal could lead to the elimination of blacks from juries or the end of the unanimity requirement for criminal convictions.