Judging The Judges

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Judging the Judges

Mary L. Conway
Judging the Judges Book PDF

Author : Mary L. Conway
Publisher : Eisenbrauns
Page : 264 pages
File Size : 42,8 Mb
Release : 2019-11-08
Category : Electronic
ISBN : 1575067242

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Judging the Judges by Mary L. Conway Pdf

The book of Judges is full of characters of ambivalent moral integrity and acts of dubious propriety, such as Jael's murder of Sisera and the sacrifice of Jephthah's daughter. And yet the terse narrative and the reticent narrator frequently leave the ethical character of these actions in doubt. In order to avoid reading contemporary worldviews and ethics into this ancient text, Mary L. Conway applies a blend of narrative and functional linguistic theories to her analysis of the stories of the six major judges in an effort to more accurately identify the unifying ideological stance of the book. Using an interdisciplinary approach that employs the concepts of narrative perspective alongside appraisal theory, Conway evaluates the judges within their historical context in order to determine whether their actions are normative or aberrant. The lexicogrammatical and ideational evidence produced by this methodology reveals contrasts and trajectories within and across the narratives that, Conway argues, give insight into the character and actions of the Israelites and YHWH and the relationship between the Israelite people and their God. In this trailblazing study, Conway models a new approach to biblical interpretation that lays bare the ethics of the book of Judges. This study will be of interest to biblical studies scholars, in particular Old Testament scholars, as well as seminary students and pastors.

Judging Judges

Jason E. Whitehead
Judging Judges Book PDF

Author : Jason E. Whitehead
Publisher : Unknown
Page : 0 pages
File Size : 54,5 Mb
Release : 2014
Category : Judges
ISBN : 1602585253

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Judging Judges by Jason E. Whitehead Pdf

The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.

How Judges Judge

Brian M. Barry
How Judges Judge Book PDF

Author : Brian M. Barry
Publisher : Taylor & Francis
Page : 361 pages
File Size : 43,6 Mb
Release : 2020-11-26
Category : Law
ISBN : 9780429657498

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How Judges Judge by Brian M. Barry Pdf

A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.

Laughing at the Gods

Allan C. Hutchinson
Laughing at the Gods Book PDF

Author : Allan C. Hutchinson
Publisher : Cambridge University Press
Page : 329 pages
File Size : 54,7 Mb
Release : 2012-02-20
Category : Biography & Autobiography
ISBN : 9781107017269

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Laughing at the Gods by Allan C. Hutchinson Pdf

This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

Judges and Judging in the History of the Common Law and Civil Law

Paul Brand,Joshua Getzler
Judges and Judging in the History of the Common Law and Civil Law Book PDF

Author : Paul Brand,Joshua Getzler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 55,6 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139505574

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Judges and Judging in the History of the Common Law and Civil Law by Paul Brand,Joshua Getzler Pdf

In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Brian Dickson

Robert J. Sharpe,Kent Roach
Brian Dickson Book PDF

Author : Robert J. Sharpe,Kent Roach
Publisher : University of Toronto Press
Page : 642 pages
File Size : 52,9 Mb
Release : 2003-12-15
Category : Biography & Autobiography
ISBN : 9781442659209

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Brian Dickson by Robert J. Sharpe,Kent Roach Pdf

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern. Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

Common Law Judging

Douglas E Edlin
Common Law Judging Book PDF

Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 47,9 Mb
Release : 2016-07-29
Category : Political Science
ISBN : 9780472130023

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Common Law Judging by Douglas E Edlin Pdf

Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity

How Judges Think

Richard A. Posner
How Judges Think Book PDF

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 49,7 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832

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How Judges Think by Richard A. Posner Pdf

A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.

Judges, Judging and Humour

Jessica Milner Davis,Sharyn Roach Anleu
Judges Judging and Humour Book PDF

Author : Jessica Milner Davis,Sharyn Roach Anleu
Publisher : Springer
Page : 335 pages
File Size : 47,8 Mb
Release : 2018-07-20
Category : Social Science
ISBN : 9783319767383

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Judges, Judging and Humour by Jessica Milner Davis,Sharyn Roach Anleu Pdf

This book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages. Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.

Judges on Judging

David M. O′Brien
Judges on Judging Book PDF

Author : David M. O′Brien
Publisher : CQ Press
Page : 337 pages
File Size : 52,5 Mb
Release : 2016-05-20
Category : Political Science
ISBN : 9781506340296

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Judges on Judging by David M. O′Brien Pdf

Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College

Good Judgment

Robert J. Sharpe
Good Judgment Book PDF

Author : Robert J. Sharpe
Publisher : University of Toronto Press
Page : 351 pages
File Size : 40,6 Mb
Release : 2018-10-11
Category : Law
ISBN : 9781487517007

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Good Judgment by Robert J. Sharpe Pdf

Good Judgment, based upon the author's experience as a lawyer, law professor, and judge, explores the role of the judge and the art of judging. Engaging with the American, English, and Commonwealth literature on the role of the judge in the common law tradition, Good Judgment addresses the following questions: What exactly do judges do? What is properly within their role and what falls outside? How do judges approach their decision-making task? In an attempt to explain and reconcile two fundamental features of judging, namely judicial choice and judicial discipline, this book explores the nature and extent of judicial choice in the common law legal tradition and the structural features of that tradition that control and constrain that element of choice. As Sharpe explains, the law does not always provide clear answers, and judges are often left with difficult choices to make, but the power of judicial choice is disciplined and constrained and judges are not free to decide cases according to their own personal sense of justice. Although Good Judgment is accessibly written to appeal to the non-specialist reader with an interest in the judicial process, it also tackles fundamental issues about the nature of law and the role of the judge and will be of particular interest to lawyers, judges, law students, and legal academics.

The Nature of the Judicial Process

Benjamin Nathan Cardozo
The Nature of the Judicial Process Book PDF

Author : Benjamin Nathan Cardozo
Publisher : Unknown
Page : 218 pages
File Size : 42,6 Mb
Release : 1921
Category : Judges
ISBN : UOM:39015013793164

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The Nature of the Judicial Process by Benjamin Nathan Cardozo Pdf

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 52,6 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

The Judge in a Democracy

Aharon Barak
The Judge in a Democracy Book PDF

Author : Aharon Barak
Publisher : Princeton University Press
Page : 355 pages
File Size : 52,5 Mb
Release : 2009-01-10
Category : Law
ISBN : 9781400827046

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The Judge in a Democracy by Aharon Barak Pdf

Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.

Judging the Judges

K. Mahesh,Bishwajit Bhattacharyya
Judging the Judges Book PDF

Author : K. Mahesh,Bishwajit Bhattacharyya
Publisher : Gyan Books
Page : 232 pages
File Size : 54,8 Mb
Release : 1999
Category : Health & Fitness
ISBN : UOM:39015041636732

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Judging the Judges by K. Mahesh,Bishwajit Bhattacharyya Pdf

With reference to Indian judiciary.