The jury system is one of the oldest deliberative democratic bodies, and it has a robust historical record spanning hundreds of years in numerous countries. As scholars and civic reformers envision a democratic global public sphere and international institutions, we advocate for the inclusion of juries of lay citizens as a means of administering justice and promoting deliberative norms. Focusing specifically on the case of the International Criminal Court, we show how juries could bolster that institution’s legitimacy by promoting public trust, increasing procedural fairness, foregrounding deliberative reasoning, and embodying democratic values. Juries would present novel logistical, philosophical, and legal problems, but we show how each of these might be overcome to make juries a viable element of global governance.
To read or purchase this article, click here.
More in this issue
Spring 2010 (24.1) • Review Essay
Terrorism, Resistance, and the Idea of "Unlawful Combatancy"
When faced with security threats from terrorism and other forms of nonstate political violence, how should liberal-democratic states respond? Finlay discusses books by Tamar Meisels, ...
Spring 2010 (24.1) • Review
War in an Age of Risk by Christopher Coker
This book adds several new elements to the relation between war and the risk society. They are anxiety, complexity, and the future, writes reviewer Claudia ...
Spring 2010 (24.1) • Essay
Introduction [Full Text]
If global democratization is to advance beyond the current point, it is necessary to confront the practical challenge of institutional design: How might ideals of ...