Description
Judges Against Justice, Softcover reprint of the original 1st ed. 2015
On Judges When the Rule of Law is Under Attack
Author: Graver Hans Petter
Language: EnglishKeywords
Approximative price 105.49 €
In Print (Delivery period: 15 days).
Add to cart the print on demand of Graver Hans PetterPublication date: 09-2016
Support: Print on demand
Approximative price 105.49 €
In Print (Delivery period: 15 days).
Add to cart the book of Graver Hans PetterPublication date: 09-2014
301 p. · 15.5x23.5 cm · Hardback
Description
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This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
The Judicial Role and the Rule of Law.- Part One: The War of Law: State Repression and the Rule of Law.- Repression of the Judiciary.- Judicial Acceptance of Oppression.- The Opposition.- Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability.- The Condition of Illegality under International Law.- The condition of Illegality and Failed Usurpations.- The Condition of Illegality in Transitional Settings.- Judges in Special Courts.- Justification of Judicial Oppression.- A Special Immunity for Judges?.- Holding Judges Responsible.- Part Three: The Moral Side of Judging: The Positivism Thesis.- What Positivism?.- Alternative approaches to Legal Interpretation.- Beyond Legal Theory as Explanation.- The Lesser Evil.- Judges for Justice.
Guidance on how to diminish judicial cooperation in oppression
Close-up tour of judges in their complicity with bad legal regimes
First comprehensive treatment of criminal liability for judges for upholding wicked laws
Addresses judges who experience oppressive legislation as a challenge to their conscience
Includes supplementary material: sn.pub/extras
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