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Judges Against Justice = On Judges W...
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Judges Against Justice = On Judges When the Rule of Law is Under Attack /
紀錄類型:
書目-語言資料,印刷品 : Monograph/item
正題名/作者:
Judges Against Justice/ by Hans Petter Graver.
其他題名:
On Judges When the Rule of Law is Under Attack /
作者:
Graver, Hans Petter.
面頁冊數:
X, 301 p.online resource. :
Contained By:
Springer Nature eBook
標題:
Law—Philosophy. -
電子資源:
https://doi.org/10.1007/978-3-662-44293-7
ISBN:
9783662442937
Judges Against Justice = On Judges When the Rule of Law is Under Attack /
Graver, Hans Petter.
Judges Against Justice
On Judges When the Rule of Law is Under Attack /[electronic resource] :by Hans Petter Graver. - 1st ed. 2015. - X, 301 p.online resource.
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.
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 happens 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?
ISBN: 9783662442937
Standard No.: 10.1007/978-3-662-44293-7doiSubjects--Topical Terms:
1253604
Law—Philosophy.
LC Class. No.: K201-487
Dewey Class. No.: 340.1
Judges Against Justice = On Judges When the Rule of Law is Under Attack /
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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.
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