Judges Against Justice electronic resource On Judges When the Rule of Law is Under Attack / by Hans Petter Graver.
Material type: TextPublication details: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2015Description: X, 301 p. online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9783662442937Subject(s): law | Law -- Philosophy | International Criminal Law | Law | Fundamentals of Law | Theories of Law, Philosophy of Law, Legal History | International Criminal LawDDC classification: 340.1 LOC classification: K201-487Online resources: Click here to access onlineThe 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?
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