Conscience And Love In Making Judicial Decisions
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Conscience And Love In Making Judicial Decisions
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Author : Alexander Nikolaevich Shytov
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Conscience And Love In Making Judicial Decisions written by Alexander Nikolaevich Shytov and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
THE CONSCIENCE OF JUDGES AND APPLICA nON OF LEGAL RULES The book is devoted to the problem of the influence of moral judgements on the result of judicial decision-making in the process of application of the established (positive) law. It is the conscience of judges that takes the central place in the research. Conscience is understood in the meaning developed in the theory of Thomas Aquinas as the complex capacity of the human being to make moral judgements which represent acts of reason on the question of what is right or wrong in a particular situation. The reason why we need a theory of conscience in making judicial decisions lies in the nature of the positive law itself. On the one hand, there is an intrinsic conflict between the law as the body of rigid rules and the law as an living experience of those who are involved in social relationships. This conflict particularly finds its expression in the collision of strict justice and equity. The idea of equity does not reject the importance of rules in legal life. What is rejected is an idolatrous attitude to the rules when the uniqueness of a human being, his well being and happiness are disregarded and sacrificed in order to fulfil the observance of the rules. The rules themselves are neither good or bad. What makes them good or bad is their application.
Corpus Juris Of Islamic International Criminal Justice
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Author : Farhad Malekian
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2018-09-30
Corpus Juris Of Islamic International Criminal Justice written by Farhad Malekian and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-30 with Law categories.
This pioneering scholarly oeuvre evaluates the major comparative philosophy of Islamic international criminal justice. It represents an in-depth analysis of the necessities of creating an Islamic international criminal court, its possible jurisdiction, proceedings, judgments, and sanctions. It implies a court functioning under the legal personality of the International Criminal Court, with comparative international criminal lawyers with basic knowledge of Shariah contributing to the prevention of crimes and impunity at an international level. The morality and philosophy of Islamic justice are highly relevant with reference to the atrocities committed explicitly or implicitly under the pretext of Islamic rules by superiors, groups and governments. The volume focuses on substantive criminal law and three methods of the criminal procedure, namely the inquisitorial, adversarial, and adquisitorial. The first two constitute the corpus juris of civil and common law systems. The third term presents a hybrid of the first two methods. The intention is to enhance the scope of each method of the criminal procedure comprehensively. The volume examines their variations and effects on a shared system of international criminal justice. The inherence of comparable norms in the foundation of Islamic and international criminal law affirms their efficiency in the implementation of the essence of the complementarity principle. This book will appeal to readers who are interested in comparative criminal law, international criminal justice, and Shariah criminal law. It is recommended for course literature.
How To Measure The Quality Of Judicial Reasoning
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Author : Mátyás Bencze
language : en
Publisher: Springer
Release Date : 2018-08-30
How To Measure The Quality Of Judicial Reasoning written by Mátyás Bencze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-30 with Law categories.
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England andWales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Constitutionalism And Legal Reasoning
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Author : Massimo La Torre
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-04-10
Constitutionalism And Legal Reasoning written by Massimo La Torre and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-04-10 with Law categories.
This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.
Studies In Legal Logic
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Author : Jaap Hage
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-03-30
Studies In Legal Logic written by Jaap Hage and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-30 with Law categories.
Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.
The Principle Of Legal Certainty In Ec Law
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Author : J. Raitio
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
The Principle Of Legal Certainty In Ec Law written by J. Raitio and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Philosophy categories.
The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases, which gives rise to the very question of legal certainty in EC law. This study contributes to the contemporary discussion, which wrestles with the following questions in particular: - What have been the visions and objectives for European integration in the last decades? - How to describe European Union as a political entity and a legal system? - What is the relationship between legal certainty, rule of law, various general principles and human rights? - What is the core of legal certainty on the basis of the case study? - What kind of legal arguments and patterns of justification are there from a comparative perspective? - How has the term 'legal certainty' been defined in the Nordic legal theory? - How predictable and acceptable are the interpretations of the European Court of Justice - is it "running wild"? Legal certainty relates to the principle of non-retroactivity and the protection of legitimate expectations in particular, but more profoundly it can be related to the conceptual scale for weighing up and balancing between formal justice and material fairness in legal decision-making. This scale is illustrated by presenting the terms 'formal', 'factual' and 'substantive' legal certainty.
Legal Institutions
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Author : D.W. Ruiter
language : en
Publisher: Springer Science & Business Media
Release Date : 2001-11-30
Legal Institutions written by D.W. Ruiter and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-30 with Law categories.
Building on his contributions to institutional legal theory in Institutional Legal Facts of 1993 (Law and Philosophy Library, volume 18), the author presents a comprehensive theory of legal institutions. To that end, the initial theoretical approach, which mainly concentrated on problems connected with legal powers and legal acts (acts-in-law), is widened to allow for the development of a theory of legal judgements capable of accounting not only for enacted but also unwritten law (legal principles and customary law). With the use of the concept of institutional legal facts, the structure of legal institutions is analyzed in detail. In addition to that, a classification of legal institutions is provided. Extensive attention is given to logical, as well as doctrinal problems connected with a conception of legal validity as the mode of existence of legal conditions rather than as a value of legal norms similar to the truth of propositions. The study results in an elaborate conceptual framework for institutional analysis of positive law. In a final chapter the analytical potential of the framework is put to the test by applying it to the branch of public international law known as the `law of treaties'. Readership: Specialists in legal theory and lawyers interested in theoretical issues, particularly in linguistic approaches and questions related to the institutional nature of law.
The Concept Of Ideals In Legal Theory
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Author : Sanne Taekema
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-12-31
The Concept Of Ideals In Legal Theory written by Sanne Taekema and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-12-31 with Philosophy categories.
Talk about law often includes reference to ideals of justice, equality or freedom. But what do we refer to when we speak about ideals in the context of law? This book explores the concept of ideals by combining an investigation of different theories of ideals with a discussion of the role of ideals in law. A comparison of the theories of Gustav Radbruch and Philip Selznick leads up to a pragmatist theory of legal ideals, which provides an interesting new position in the debate about values in law between legal positivists and natural law thinkers. Attention for law's central ideals enables us to understand law's autonomous character, while at the same time tracing its connection to societal values. Essential reading for anyone interested in the role of values or ideals in law.
Legal Method And The Rule Of Law
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Author : Sebastián Urbina
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-08-31
Legal Method And The Rule Of Law written by Sebastián Urbina and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-31 with Law categories.
We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.
The Legal Essays Of Michael Bayles
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Author : W.L. Robison
language : en
Publisher: Springer Science & Business Media
Release Date : 2002-06-30
The Legal Essays Of Michael Bayles written by W.L. Robison and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-30 with Law categories.
The legal essays by Michael Bayles in this collection display his commitment to utilitarianism both as a moral theory and an analytical device. A utilitarian must choose between the best of all possible alternatives and so must lay out the alternatives and thus their consequences carefully and completely. As it happens, there is no better way of understanding why something is as it is in the law, and no better way to lay the foundations for criticism and improvement, than to lay out what the alternatives are, carefully distinguishing them, their justifications, and their implications for changing other areas of the law and for changing our relation to the law. Bayles was a master at such work, and each essay thus repays careful study for anyone concerned about the law. The essays cover a wide variety of topics, from contract law to the criminal law, from torts to theory, and form a natural set. Laying out the alternatives in one area makes it much clearer how and why alternatives in other areas are acceptable or required. Interconnections within the legal system as a whole not readily visible when studying one area of the law become obvious when several are laid out side-by-side using the analytical skill required by a good utilitarian.