Modern Legal Theory Judicial Impartiality
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Modern Legal Theory Judicial Impartiality
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Author : Ofer Raban
language : en
Publisher: Taylor & Francis
Release Date : 2012-09-10
Modern Legal Theory Judicial Impartiality written by Ofer Raban and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Modern Legal Theory And Judicial Impartiality
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Author : Ofer Raban
language : en
Publisher: Routledge
Release Date : 2003
Modern Legal Theory And Judicial Impartiality written by Ofer Raban and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
The Silent Prologue
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Author : Ofer Raban
language : en
Publisher:
Release Date : 2020-03-04
The Silent Prologue written by Ofer Raban and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-04 with categories.
The U.S. Constitution contains a series of rights and liberties operating as restrictions on the powers of government, and courts have the final authority to determine what these often nebulous restrictions require. But judges are deeply divided over the correct methodology to follow in making these determinations: different judges employ different judicial philosophies--and may consequently reach different constitutional results. Understanding these methodological disagreements is therefore crucial for anyone wishing to attain a full understanding of our constitutional law, or to appraise the legitimacy of our institutional arrangements--especially that of judicial review. In The Silent Prologue, Ofer Raban provides an engaging examination of the interpretive theories judges use to reach their verdicts. Using key case histories as illustration, Raban illuminates the rationales and assumptions behind competing judicial philosophies that have far-reaching implications for the rights of American citizens. Distributed for George Mason University Press
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
Common Law Judging
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2020-03-06
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 2020-03-06 with Political Science categories.
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
General Principles Of Law And International Due Process
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Author : Charles T. Kotuby
language : en
Publisher: Oxford University Press
Release Date : 2017
General Principles Of Law And International Due Process written by Charles T. Kotuby and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.
The Judicial Function
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Author : Joe McIntyre
language : en
Publisher: Springer Nature
Release Date : 2019-09-16
The Judicial Function written by Joe McIntyre and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-16 with Law categories.
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Philosophy Of Law A Very Short Introduction
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Author : Raymond Wacks
language : en
Publisher: OUP Oxford
Release Date : 2014-02-27
Philosophy Of Law A Very Short Introduction written by Raymond Wacks and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-27 with Law categories.
The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Virtue Jurisprudence
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Author : C. Farrelly
language : en
Publisher: Springer
Release Date : 2019-06-12
Virtue Jurisprudence written by C. Farrelly and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-12 with Philosophy categories.
This book is the first authoritative text on virtue jurisprudence - the belief that the final end of law is not to maximize preference satisfaction or protect certain rights and privileges, but to promote human flourishing. Scholars of law, philosophy and politics illustrate here the value of the virtue ethics tradition to modern legal theory.
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 and Wales, 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.