Judges Against Justice On Judges When the Rule of Law is Under Attack
tarafından
Graver, Hans Petter. author.
Başlık
:
Judges Against Justice On Judges When the Rule of Law is Under Attack
Yazar
:
Graver, Hans Petter. author.
ISBN
:
9783662442937
Yazar
:
Graver, Hans Petter. author.
Fiziksel Niteleme
:
X, 301 p. online resource.
İçindekiler
:
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.
Özet
:
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?
Konu Başlığı
:
Law.
Law -- Philosophy.
International criminal law.
Fundamentals of Law.
Theories of Law, Philosophy of Law, Legal History.
Ek Kurum Yazar
:
SpringerLink (Online service)
Elektronik Erişim
:
Materyal Türü | Barkod | Yer Numarası | Durumu/İade Tarihi |
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Electronic Book | 24484-1001 | K201 -487 | Springer E-Book Collection |