Overview

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?

Full Product Details

Author:   Hans Petter Graver
Publisher:   Springer-Verlag Berlin and Heidelberg GmbH & Co. KG
Imprint:   Springer-Verlag Berlin and Heidelberg GmbH & Co. K
Edition:   Softcover reprint of the original 1st ed. 2015
Dimensions:   Width: 15.50cm , Height: 1.70cm , Length: 23.50cm
Weight:   4.745kg
ISBN:  

9783662525944

ISBN 10:   3662525941
Pages:   301
Publication Date:   22 September 2016
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

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.

Reviews

Concerned with the role and behaviour of judges in developed western states during tyranny and authoritarian rule, including certain instances of occupation. ... the book deserves a wider audience. In particular it should be of interest to lawmakers, judges and others concerned with preventing new instances of oppression, and everybody else interested in the role of judges in times of existential threats to society. (Terje Einarsen, Nordic Journal of Human Rights, Vol. 34 (3), 2016)

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