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Power and Politics in the Book of Judges by John C. Yoder Pdf
John C. Yoder examines political culture and behavior in the book of Judges. Although the Deuteronomistic editor portrayed the "judges" as moral champions, the men and women of valor were preoccupied with the problem of gaining and maintaining political power. They were ambitious, at times ruthless; they might be labeled chiefs, strongmen, or even warlords in today's world, using violence, patronage, and the control of the labor and reproductive capacity of subordinates, as well as other strategies that did not require the constant exercise of force.
Power and Politics in the Book of Judges by John C. Yoder Pdf
"John C. Yoder examines political culture and behavior in the book of Judges. Although the Deuteronomistic editor portrayed the "judges" as moral champions, the men and women of valor were preoccupied with the problem of gaining and maintaining political power. They were ambitious, at times ruthless; they might be labeled chiefs, strongmen, or even warlords in today's world. They used violence, patronage, and the control of the labor and reproductive capacity of subordinates as well as other strategies that did not require the constant exercise of force such as using their association with YHWH to advance their political, economic, or military agenda."--
Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just ‘a blank piece of paper’. Joshua Rozenberg, Britain’s best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.
The Power of Judges by David Neuberger,Peter Riddell Pdf
To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
How did representative institutions become the central organs of governance in Western Europe? What enabled this distinctive form of political organization and collective action that has proved so durable and influential? The answer has typically been sought either in the realm of ideas, in the Western tradition of individual rights, or in material change, especially the complex interaction of war, taxes, and economic growth. Common to these strands is the belief that representation resulted from weak ruling powers needing to concede rights to powerful social groups. Boucoyannis argues instead that representative institutions were a product of state strength, specifically the capacity to deliver justice across social groups. Enduring and inclusive representative parliaments formed when rulers could exercise power over the most powerful actors in the land and compel them to serve and, especially, to tax them. The language of rights deemed distinctive to the West emerged in response to more effectively imposed collective obligations, especially on those with most power.
The Power of Judges by Carlo Guarnieri,Patrizia Pederzoli Pdf
Judicial intervention in politics ('judicialization') has increased dramatically in Europe in recent decades, mirroring earlier trends in the United States. This book examines the growing power of judges in the United Kingdom, Italy, France, Spain, Germany, Portugal and the United States, and argues that three elements affect the political significance of judicial decisions: the status of judges, the organisation of the judicial system, and the broader political system. Currently very topical, particularly in Britain in the wake of the Human Rights Act, this subject will be of enduring interest for the foreseeable future.
Author : Paul O. Carrese Publisher : University of Chicago Press Page : 350 pages File Size : 47,9 Mb Release : 2010-02-15 Category : Law ISBN : 9780226094830
How did the US judiciary become so powerful—powerful enough that state and federal judges once vied to decide a presidential election? What does this prominence mean for the law, constitutionalism, and liberal democracy? In The Cloaking of Power, Paul O. Carrese provides a provocative analysis of the intellectual sources of today’s powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new conception of the separation of powers and strong but subtle courts. Montesquieu instructed statesmen to “cloak power” by placing judges at the center of politics, while concealing them behind juries and subtle reforms. Tracing this conception through Blackstone, Hamilton, and Tocqueville, Carrese shows how it led to the prominence of judges, courts, and lawyers in America today. But he places the blame for contemporary judicial activism squarely at the feet of Oliver Wendell Holmes Jr. and his jurisprudential revolution, which he believes to be the source of the now-prevalent view that judging is merely political. To address this crisis, Carrese argues for a rediscovery of an independent judiciary—one that blends prudence and natural law with common law and that observes the moderate jurisprudence of Montesquieu and Blackstone, balancing abstract principles with realistic views of human nature and institutions. He also advocates for a return to the complex constitutionalism of the American founders and Tocqueville and for judges who understand their responsibility to elevate citizens above individualism, instructing them in law and right.
Although there have been many studies of the English revolution and its more dramatic trials, until this book was published in 1971, little attention had been paid to the Long Parliament’s attempts to impeach a number of judges. This book describes how the judges became unpopular, selecting a number of themes – from the development of unanimous decision and opinions, to the role of the judges as agents and supervisors of government policies. The Long Parliament viewed them as the great instrument behind evil policies and believed they had attempted to usurp the power of legislation. Charles I is seen as placing too much reliance on his judges and his failure to realize that legality could not be a perpetual answer to political dissent in the end cost him his throne. The book is intended as an introduction for undergraduates.
Judicial Power and Canadian Democracy by Paul Howe,Peter H. Russell Pdf
The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the state of public opinion on Canada's courts. Those interested in the power of the judicial branch will find much in this collection to stimulate fresh thinking on issues that are likely to remain on the public agenda for years to come. Contributors include Joseph F. Fletcher (Toronto), Janet Hiebert (Queen's), Gregory Hein (Toronto), Peter W. Hogg (York), Paul Howe, Rainer Knopff (Calgary), Sébastien Lebel-Grenier (Sherbrooke), Howard Leeson (Regina), Kate Malleson (London School of Economics), E. Preston Manning (Reform Party of Canada), Hon. Beverley McLachlin (Supreme Court of Canada), F.L. Morton (Calgary), Pierre Patenaude (Sherbrooke), Peter Russell, Allison A. Thornton (Blake, Cassels and Graydon), Frederick Vaughan (emeritus, Guelph), Lorraine Eisenstat Weinrib (Toronto), Hon. Bertha Wilson (emeritus, Supreme Court of Canada), and Jacob Ziegel (Toronto).
Resisting Denial, Refusing Despair by Walter Brueggemann Pdf
This collection of essays constitutes an attempt to work faithfully at the generative interface of the Bible and our life in the world. This interface variously yields, in our attentiveness, assurances and summons and often empowerment for the work of faith. That work of faith is in our moment urgent, given the force of evil and violence among us, performed by willing thuggery, by dark money, and by the hidden manipulation of social power in hurtful ways. Given such social reality, it is Brueggemann’s hope that these pieces may be a source of strength and support for those who resist and refuse those nefarious forces in our midst. Thus he intends that these pieces give voice to the assurance and summons of the gospel, so that we may be able to live differently in the world, differently in ways that are marked by forgiveness, generosity, and hospitality. Such living is in the face of great pressure toward scorekeeping, parsimony, and fearful exclusion. Such living is a way of joy and hope that is on offer nowhere else. It is Brueggemann’s intent to contribute as he can to the “hopes that drive us onward,” in resistance to “the fears that hold us back.”
Geoffrey P. Miller argues that the narratives from Genesis to Second Kings present a sophisticated argument for political obligation and for limited monarchy as the best form of government. The Hebrew Bible, in this sense, can be considered as one of the earliest political philosopies of the western world.The Garden of Eden story identifies revelation, consent, utopia, natural law, ownership, power, patriarchy, and justice as bases for political obligation. The stories of life after the expulsion from Eden argue that government and law are essential for a decent life. The Genesis narratives recognize patriarchal authority but also identifies limits based on kinship, higher authority and power. The book of Exodus introduces the topic of political authority, arguing that nationhood strictly dominates over other forms of political organization. The Sinai narratives explore two important sources of authority: revelation and consent of the governed. The book of Joshua presents a theory of sovereignty conceived of as the exclusive and absolute control over territory. The book of Judges examines two types of national government: military rule and confederacy. It argues that military rule is inappropriate for peacetime conditions and that the confederate form is not strong enough to deliver the benefits of nationhood. The books of Samuel and Kings consider theocracy and monarchy. The bible endorses monarchy as the best available form of government provided that the king is constrained by appropriate checks and balances. Contrary to the view of some scholars, no text from Genesis to Second Kings disapproves of monarchy as a form of government.
Author : Peter H. Russell,Kate Malleson Publisher : University of Toronto Press Page : 489 pages File Size : 51,7 Mb Release : 2006-01-01 Category : Political Science ISBN : 9780802093813
Appointing Judges in an Age of Judicial Power by Peter H. Russell,Kate Malleson Pdf
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Law, Politics, and the Judicial Process in Canada by Anonim Pdf
"Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Newly revised and updated, Law, Politics, and the Judicial Process in Canada, 4th Edition provides an introduction to the issues raised by the changing political role of Canadian judges. It includes over 40 new readings, including two all-new chapters on the Harper Conservatives and Aboriginal Law. Addressing current controversies, including the Canadian Judicial Council's investigations into Justice Robin Camp and Lori Douglas and the Trudeau Government's re-introduction of the Court Challenges Program, this book strives for competing perspectives, with many readings juxtaposed to foster debate. Taking a critical approach to the Charter of Rights and Freedoms and the growth of judicial power, editors F.L. Morton and Dave Snow provide an even-handed examination of current and ongoing issues. Law, Politics, and the Judicial Process in Canada, 4th Edition is the leading source for students interested in the Charter of Rights and Freedoms and the growth of judicial power in Canada."--
The Judicial System by Carlo Guarnieri,Patrizia Pederzoli Pdf
This timely book explores the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits.
