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Judges against justiceon judges when...

Graver, Hans Petter.

Judges against justiceon judges when the rule of law is under attack /

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Judges against justiceby Hans Petter Graver.
其他題名:	on judges when the rule of law is under attack /
作者:	Graver, Hans Petter.
出版者:	Berlin, Heidelberg :Springer Berlin Heidelberg :2015.
面頁冊數:	x, 301 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
標題:	Judicial process.
電子資源:	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 justiceon 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

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