Reason And History In Judicial Judgment
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Reason And History In Judicial Judgment
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Author : Richard Stevens
language : en
Publisher: Routledge
Release Date : 2017-07-05
Reason And History In Judicial Judgment written by Richard Stevens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century, the United States faced the possibility of destruction, World War II and, the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.
Reason And History In Judicial Judgment
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Author : Richard Gordon Stevens
language : en
Publisher:
Release Date : 1963
Reason And History In Judicial Judgment written by Richard Gordon Stevens and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Due process of law categories.
Reason And History In Judicial Judgment
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Author : Richard Stevens
language : en
Publisher: Routledge
Release Date : 2017-07-05
Reason And History In Judicial Judgment written by Richard Stevens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century, the United States faced the possibility of destruction, World War II and, the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem.The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings.Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of "Reason and History in Judicial Judgment" is to treat them as ethical problems rather than as self-explaining conclusions.
Reasons For Judgment
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Author : Roman N. Komar
language : en
Publisher:
Release Date : 1980
Reasons For Judgment written by Roman N. Komar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Trials Of The State
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29
Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Time Temporality And Legal Judgment
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Author : Tanzil Chowdhury
language : en
Publisher: Routledge
Release Date : 2020-05-25
Time Temporality And Legal Judgment written by Tanzil Chowdhury and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-25 with Education categories.
This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and constituted by social structures. The consequences of this novel account of legal judgement are fourfold. The first is that judicial fact construction is not exclusively determined by the legal rule (s) but by adjudication’s production of temporalities. The second is that the selection between different adjudicative temporalities is generally indeterminate, though influenced by wider social structures. As will be argued, social structures, framed as a particular type of past produced by certain adjudicative temporalities, may either be incorporated in the rendering of the legal event or elided. The third is that, with the book’s focus on criminal law, different deployments of adjudicative temporalities effect responsibility ascription. Finally, it is argued that the demystification of time as that which structures event and subject formation reveals another way in which to uncover the politics of legal judgement and the potential for its transformative potential, through either its inclusion or its elision of social structures in adjudication’s determination of facts. This book will be of interest to students and scholars in the field of legal judgement, legal theory and jurisprudence.
The People Themselves
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Author : Larry Kramer
language : en
Publisher: Oxford University Press, USA
Release Date : 2004
The People Themselves written by Larry Kramer and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Learned Hand
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Author : Gerald Gunther
language : en
Publisher: Oxford University Press
Release Date : 2010-06-24
Learned Hand written by Gerald Gunther 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 2010-06-24 with Law categories.
Billings Learned Hand was one of the most influential judges in America. In Learned Hand: The Man and the Judge, Gerald Gunther provides a complete and intimate account of the professional and personal life of Learned Hand. He conveys the substance and range of Hand's judicial and intellectual contributions with eloquence and grace. This second edition features photos of Learned Hand throughout his life and career, and includes a foreword by Ruth Bader Ginsburg. Gunther, a former law clerk for Hand, reviewed much of Hand's published work, opinions, and correspondence. He meticulously describes Hand's cases, and discusses the judge's professional and personal life as interconnected with the political and social circumstances of the times in which he lived. Born in 1872, Hand served on the United States District Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. He clearly crafted and delivered thousands of decisions in a wide range of cases through extensive, conscientious investigation and analysis, while at the same time exercising wisdom and personal detachment. His opinions are still widely quoted today, and will remain as an everlasting tribute to his life and legacy.
A Matter Of Judgment
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Author : Ruth Sheard
language : en
Publisher:
Release Date : 2003
A Matter Of Judgment written by Ruth Sheard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Judgements categories.
"This publication collects a series of essays, most previously unpublished, on the themes of judicial decision-making, judicial impartiality and jugment writing. These matters are interrelated and together reflect the core aspects of the judicial task. The ultimate judicial value is impartiality. It is the essence of the function performed by the judiciary in teh administration of justice. However, impartiality must not only exist, it must be manifest. The common theme of the essays is the indentification of how the process of judicial decision-making, in accordance with a 900-year-old common law tradition, leads to both the reality and the appearance of impartiality with the fact that different judges bring to the judicial task a variety of perspectives and values. The appearance of impartiality is ultimately displayed in the reasons for judgment." - from the Foreword by the Honourable JJ Spigelman AC, Chief Justice of New South Wales.
Rights And Redemption
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Author : Ann Curthoys
language : en
Publisher: UNSW Press
Release Date : 2008
Rights And Redemption written by Ann Curthoys and has been published by UNSW Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with History categories.
History has been central to a number of heated public debates in recent years. As Indigenous people have sought redress through the law, the role of history in the courts has become highly charged. Rights and Redemption is a detailed investigation of the uses of history and historians in high-profile cases involving Indigenous litigants, something not previously attempted. Ann Curthoys, Ann Genovese and Alexander Reilly look at cases before the Federal Court during the era of the Howard government, a time when Indigenous rights and the place of Aboriginal people in the national story were undermined in government laws and policies. They investigate how the courts have made use of historians as expert witnesses, and how the colonial past has been framed and understood by the courts. Rights and Redemption is an important record of a unique period of litigation in Indigenous affairs in Australia and a meditation on ways in which law and history might improve Indigenous rights. Book jacket.