Common Law Judging
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Common Law Judging
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Author : Douglas E Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2016-07-29
Common Law Judging written by Douglas E Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-29 with Political Science categories.
Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Judges And Judging In The History Of The Common Law And Civil Law
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Author : Paul A. Brand
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
Judges And Judging In The History Of The Common Law And Civil Law written by Paul A. Brand and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-12 with Law categories.
Leading historical research analysing the history of judges and judging, allowing comparisons between British, American, Commonwealth and Civil Law jurisdictions.
Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2008-12-02
Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-02 with Law categories.
"A powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law In Judges and Unjust Laws, Douglas Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor in the Department of Political Science at Dickinson College.
Fighting For Justice
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Author : Elizabeth Gibson-Morgan
language : en
Publisher: University of Wales Press
Release Date : 2021-06-15
Fighting For Justice written by Elizabeth Gibson-Morgan and has been published by University of Wales Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-15 with Law categories.
This book provides a unique oversight of judges’ work and contemporary legal challenges in Common Law and Civil Law countries, based on the legal practice and testimonies of senior members of the judiciary speaking up for justice and the law. This book aims at contributing to restoring trust in judges as custodians of the law and justice, via a comparison between Civil and Common Law countries. In this book, judges of Common Law and Civil Law countries speak up for justice and the law in one powerful voice.
Judges And Judging In The History Of The Common Law And Civil Law
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Author : Paul A. Brand
language : en
Publisher:
Release Date : 2012
Judges And Judging In The History Of The Common Law And Civil Law written by Paul A. Brand and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Courts categories.
"More than two hundred legal historians, from every corner of the globe, met in Oxford at the Eighteenth British Legal History Conference in early July 2007 to hear and present papers on the history of "judges and judging". A selection of the papers presented at the conference has now been revised and edited to form the chapters of this volume. Perhaps the theme of the conference and of this publication needs some initial explanation. The Legal Realists of the 1920s and 1930s rightly questioned the pre-eminence given to the study of decision-making in the courts in American legal education, and similar ideas have entered British and Commonwealth legal education in the past generation; the utterances of judges are not taken as the sum of, or even the core of, the law. But this is hardly news for legal historians. They have long been effortless, even naively unselfconscious, Realists, always concerned to understand the making of the law within the context of its time, with due attention to the society in which law is embedded and the shifting mentalities of professionals and other players in the legal system"--
Laughing At The Gods
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Author : Allan C. Hutchinson
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-20
Laughing At The Gods written by Allan C. Hutchinson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-20 with Biography & Autobiography categories.
This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.
Judges Legislators And Professors
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Author : R. C. van Caenegem
language : en
Publisher: Cambridge University Press
Release Date : 1987
Judges Legislators And Professors written by R. C. van Caenegem and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
In Judges, legislators and professors one of the world's foremost legal historians shows how and why continental and common law have come to diverge so sharply. Using ten specific examples he investigates the development of European law, not as the manifestation of certain ideological and intellectual trends, but as largely the result of power struggles between the judiciary, the legislators, and legal scholars, each representing certain political and social ambitions. Now available in paperback, Judges, legislators and professors provides an historical introduction to continental law which is readily accessible to readers familiar with the common law tradition and vice-versa.
Judging In Good Faith
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Author : Steven J. Burton
language : en
Publisher: Cambridge University Press
Release Date : 1994-11-25
Judging In Good Faith written by Steven J. Burton and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-11-25 with Law categories.
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
The Common Law Tradition
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Author : Karl N. Llewellyn
language : en
Publisher: Quid Pro Books
Release Date : 2016-05-21
The Common Law Tradition written by Karl N. Llewellyn and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-21 with Law categories.
Common Law Civil Law
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Author : Nicoletta Bersier
language : en
Publisher: Springer Nature
Release Date : 2022-01-01
Common Law Civil Law written by Nicoletta Bersier and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Law categories.
This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.