Modern Legal Theory Judicial Impartiality

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Modern Legal Theory & Judicial Impartiality

Ofer Raban
Modern Legal Theory Judicial Impartiality Book PDF

Author : Ofer Raban
Publisher : Taylor & Francis
Page : 132 pages
File Size : 52,8 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135311315

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Modern Legal Theory & Judicial Impartiality by Ofer Raban Pdf

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

Ofer Raban
Modern Legal Theory and Judicial Impartiality Book PDF

Author : Ofer Raban
Publisher : Routledge
Page : 124 pages
File Size : 46,8 Mb
Release : 2003
Category : Law
ISBN : 1904385079

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Modern Legal Theory and Judicial Impartiality by Ofer Raban Pdf

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

Ofer Raban
The Silent Prologue Book PDF

Author : Ofer Raban
Publisher : Unknown
Page : 226 pages
File Size : 45,8 Mb
Release : 2020-03-04
Category : Electronic
ISBN : 1942695209

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The Silent Prologue by Ofer Raban Pdf

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

Douglas E Edlin
Common Law Judging Book PDF

Author : Douglas E Edlin
Publisher : University of Michigan Press
Page : 281 pages
File Size : 52,8 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

General Principles of Law and International Due Process

Charles T. Kotuby,Luke A. Sobota
General Principles of Law and International Due Process Book PDF

Author : Charles T. Kotuby,Luke A. Sobota
Publisher : Oxford University Press
Page : 305 pages
File Size : 52,6 Mb
Release : 2017
Category : Law
ISBN : 9780190642709

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General Principles of Law and International Due Process by Charles T. Kotuby,Luke A. Sobota Pdf

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 Culture of Judicial Independence

Shimon Shetreet,Christopher Forsyth
The Culture of Judicial Independence Book PDF

Author : Shimon Shetreet,Christopher Forsyth
Publisher : Martinus Nijhoff Publishers
Page : 689 pages
File Size : 47,9 Mb
Release : 2011-11-11
Category : Law
ISBN : 9789004215856

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The Culture of Judicial Independence by Shimon Shetreet,Christopher Forsyth Pdf

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.

The Judicial Function

Joe McIntyre
The Judicial Function Book PDF

Author : Joe McIntyre
Publisher : Springer Nature
Page : 304 pages
File Size : 55,9 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789813291157

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The Judicial Function by Joe McIntyre Pdf

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.

The Methodology of Legal Theory

Michael Giudice
The Methodology of Legal Theory Book PDF

Author : Michael Giudice
Publisher : Routledge
Page : 559 pages
File Size : 43,7 Mb
Release : 2017-07-05
Category : History
ISBN : 9781351542623

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The Methodology of Legal Theory by Michael Giudice Pdf

The last decade has witnessed a particularly intensive debate over methodological issues in legal theory. The publication of Julie Dickson's Evaluation and Legal Theory (2001) was significant, as were collective returns to H.L.A. Hart's 'Postscript' to The Concept of Law. While influential articles have been written in disparate journals, no single collection of the most important papers exists. This volume - the first in a three volume series - aims not only to fill that gap but also propose a systematic agenda for future work. The editors have selected articles written by leading legal theorists, including, among others, Leslie Green, Brian Leiter, Joseph Raz, Ronald Dworkin, and William Twining, and organized under four broad categories: 1) problems and purposes of legal theory; 2) the role of epistemology and semantics in theorising about the nature of law; 3) the relation between morality and legal theory; and 4) the scope of phenomena a general jurisprudence ought to address.

Assessing the Effectiveness of International Courts

Yuval Shany
Assessing the Effectiveness of International Courts Book PDF

Author : Yuval Shany
Publisher : Oxford University Press
Page : 354 pages
File Size : 41,5 Mb
Release : 2014
Category : Law
ISBN : 9780199643295

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Assessing the Effectiveness of International Courts by Yuval Shany Pdf

During the last 20 years the world has experienced a sharp rise in the number of international courts and tribunals, and a correlative expansion of their jurisdictions. This book draws on social sciences to provide a clear, goal-orientated assessment of their effectiveness, and a critical evaluation of the quality of their performance.

Unjust by Design

S. Ronald Ellis
Unjust by Design Book PDF

Author : S. Ronald Ellis
Publisher : UBC Press
Page : 390 pages
File Size : 45,5 Mb
Release : 2013
Category : History
ISBN : 9780774824774

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Unjust by Design by S. Ronald Ellis Pdf

Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.

Taking Sides in Peacekeeping

Emily Paddon Rhoads
Taking Sides in Peacekeeping Book PDF

Author : Emily Paddon Rhoads
Publisher : Oxford University Press
Page : 248 pages
File Size : 50,7 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9780191064272

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Taking Sides in Peacekeeping by Emily Paddon Rhoads Pdf

United Nations peacekeeping has undergone radical transformation in the new millennium. Where it once was limited in scope and based firmly on consent of all parties, contemporary operations are now charged with penalizing spoilers of peace and protecting civilians from peril. Despite its more aggressive posture, practitioners and academics continue to affirm the vital importance of impartiality whilst stating that it no longer means what it once did. Taking Sides in Peacekeeping explores this transformation and its implications, in what is the first conceptual and empirical study of impartiality in UN peacekeeping. The book challenges dominant scholarly approaches that conceive of norms as linear and static, conceptualizing impartiality as a 'composite' norm, one that is not free-standing but an aggregate of other principles-each of which can change and is open to contestation. Drawing on a large body of primary evidence, it uses the composite norm to trace the evolution of impartiality, and to illuminate the macro-level politics surrounding its institutionalization at the UN, as well as the micro-level politics surrounding its implementation in the Democratic Republic of the Congo, site of the largest and costliest peacekeeping mission in UN history. Taking Sides in Peacekeeping reveals that, despite a veneer of consensus, impartiality is in fact highly contested. As the collection of principles it refers to has expanded to include human rights and civilian protection, deep disagreements have arisen over what keeping peace impartially actually means. Beyond the semantics, the book shows how this contestation, together with the varying expectations and incentives created by the norm, has resulted in perverse and unintended consequences that have politicized peacekeeping and, in some cases, effectively converted UN forces into one warring party among many. Taking Sides in Peacekeeping assesses the implications of this radical transformation for the future of peacekeeping and for the UN's role as guarantor of international peace and security.

Judicial Review of Immigration Detention in the UK, US and EU

Justine N Stefanelli
Judicial Review of Immigration Detention in the UK US and EU Book PDF

Author : Justine N Stefanelli
Publisher : Bloomsbury Publishing
Page : 248 pages
File Size : 55,8 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781509930470

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Judicial Review of Immigration Detention in the UK, US and EU by Justine N Stefanelli Pdf

Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.

Philosophy of Law

Mark Tebbit
Philosophy of Law Book PDF

Author : Mark Tebbit
Publisher : Taylor & Francis
Page : 315 pages
File Size : 45,6 Mb
Release : 2017-01-20
Category : Law
ISBN : 9781315281001

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Philosophy of Law by Mark Tebbit Pdf

"[This book] provides an ideal starting point for students of philosophy and law. Setting it clearly against the historical background, [the author] ... leads readers into the heart of the philosophical questions that dominate philosophy of law today ... and [provides an] overview of the contending theories that have sought to resolve these problems ... The book is structured in three parts around the key issues and themes in philosophy of law: what is the law? : the major legal theories addressing the question of what we mean by law, including natural law, legal positivism and legal realism; the reach of the law : the various legal theories on the nature and extent of the law's authority, with regard to obligation and civil disobedience, rights, liberty and privacy; and criminal law : responsibility and mens rea, intention, recklessness and murder, legal defences, insanity and philosophies of punishment ... Revisions include a more detailed analysis of natural law, new chapters on common law and the development of positivism, a reassessment of the Austin-Hart dispute in the light of recent criticism of Hart, a new chapter on the natural law-positivist controversy over Nazi law and legality, and new chapters on criminal law, extending the analysis of the dispute over the viability of the defences of necessity and duress."--

Judicial Recusal

R Grant Hammond
Judicial Recusal Book PDF

Author : R Grant Hammond
Publisher : Bloomsbury Publishing
Page : 208 pages
File Size : 53,5 Mb
Release : 2009-07-27
Category : Law
ISBN : 9781847315182

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Judicial Recusal by R Grant Hammond Pdf

The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues. The subject is one of considerable import and moment, not only to 'insiders' in the judiciary, but also to litigants and their lawyers. Understanding the principles which guide recusal is also to understand the fundamentals of judging in the common law tradition. The subject is therefore of considerable interest both at practical and theoretical levels, for it tells us most of what we need to know about what it means "to be a judge" and what the discharge of that constitutional duty entails. Unsurprisingly therefore, the subject has attracted controversy, and some of the most savage criticisms ever directed at particular judges. The book commences with an introduction which is followed by an analysis of the essential features of the law, the legal principles (common-law origins, the law today in the USA, UK and Commonwealth) and the difficulties which currently arise in the cases and by operation of statute. The third part looks at process, including waiver, necessity, appellate review, and final appeals. Three specific problem areas (judicial misconduct in court, prior viewpoints, and unconcious bias) are then discussed. The book ends with the author's reflections on future developments and possible reforms of recusal law.

Network Democracy

Jared Giesbrecht
Network Democracy Book PDF

Author : Jared Giesbrecht
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 53,7 Mb
Release : 2017-01-01
Category : Philosophy
ISBN : 9780773548541

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Network Democracy by Jared Giesbrecht Pdf

Network Democracy uses the contemporary tools of ecology and network thinking to unearth the ancient, intellectual ruins of traditional conservative thought. Questioning the West’s veneration of freedom, equality, contractual citizenship, economic progress, cosmopolitanism, secular institutionalism, and reason, Jared Giesbrecht illuminates how these ideals fuel violence and insecurity in our high-speed lives. While the modern age witnesses the rise of a violent conservatism in the form of revolutionary movements enacting terror and vengeance for the interventions of the liberal West, this study reveals a different kind of conservatism - one that has emerged in direct conversation with liberal thought. Giesbrecht highlights the need for intermediate institutions and civil enterprises that form relations and traditions independent of the state in order to develop resistance to the insecurity of the liberal age. This book offers not only a poignant critique, but a constructive and peaceable alternative to the violence of both liberalism and reactionary anti-liberalism. Attuned to the new realities of globalization, advanced technology, and social acceleration, Network Democracy is a masterful hybrid of ancient and cutting-edge political philosophy that casts a new light on the values underlying western civilization.