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
http://dx.doi.org/10.1007/978-3-662-44293-7


Materyal TürüBarkodYer NumarasıDurumu/İade Tarihi
Electronic Book24484-1001K201 -487Springer E-Book Collection