Judges Against Justice: On Judges When The Rule Of Law Is Under Attack by Hans Petter GraverJudges Against Justice: On Judges When The Rule Of Law Is Under Attack by Hans Petter Graver

Judges Against Justice: On Judges When The Rule Of Law Is Under Attack

byHans Petter Graver

Paperback | September 22, 2016

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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 happen 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?

Title:Judges Against Justice: On Judges When The Rule Of Law Is Under AttackFormat:PaperbackDimensions:301 pages, 23.5 × 15.5 × 0.17 inPublished:September 22, 2016Publisher:Springer-Verlag/Sci-Tech/TradeLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:3662525941

ISBN - 13:9783662525944

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Table of Contents

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.