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Judges against justiceon judges when...
~
Graver, Hans Petter.
Judges against justiceon judges when the rule of law is under attack /
Record Type:
Electronic resources : Monograph/item
Title/Author:
Judges against justiceby Hans Petter Graver.
Reminder of title:
on judges when the rule of law is under attack /
Author:
Graver, Hans Petter.
Published:
Berlin, Heidelberg :Springer Berlin Heidelberg :2015.
Description:
x, 301 p. :ill., digital ;24 cm.
Contained By:
Springer eBooks
Subject:
Judicial process.
Online resource:
http://dx.doi.org/10.1007/978-3-662-44293-7
ISBN:
9783662442937 (electronic bk.)
Judges against justiceon 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. - Berlin, Heidelberg :Springer Berlin Heidelberg :2015. - x, 301 p. :ill., digital ;24 cm.
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 (electronic bk.)
Standard No.: 10.1007/978-3-662-44293-7doiSubjects--Topical Terms:
232481
Judicial process.
LC Class. No.: K2146
Dewey Class. No.: 347.014
Judges against justiceon 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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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?
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Humanities, Social Sciences and Law (Springer-11648)
based on 0 review(s)
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電子館藏
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1
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000000109375
電子館藏
1圖書
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EB K2146 G775 2015
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1 records • Pages 1 •
1
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http://dx.doi.org/10.1007/978-3-662-44293-7
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