Power Impartiality And Justice

Author : Peter G. Woolcock
Publisher : Routledge
Page : 285 pages
File Size : 53,5 Mb
Release : 2018-08-20
Category : Philosophy
ISBN : 9780429829369

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Power, Impartiality and Justice by Peter G. Woolcock Pdf

First published in 1998, this volume argues that two conditions need to be met for any agreement between people with conflicting desires to count as an unforced one, namely, that the parties argue as if they had equal power and that their antipathy to being coerced exceeds their desire to coerce others. These conditions entail objective moral principles and a theory of justice, modifying and developing Rawls’ contractarian theory, but without the veil of ignorance. They support Rawls on basic civil liberties and constitutional liberal democratic government, including religious tolerance, anti-paternalism, anti-racism and anti-sexism, but dispute his Difference Principle, his circumstances of justice, Laws of Peoples, reflective equilibrium, and freedom of conscience as a basic liberty. The book also gives a contractarian account of epistemology, metaethics, education, the rationality of being moral, the rights of animals and other non-persons, and the rights of indigenous peoples. Writers such as Brian Barry, R.S. Peters, Isaiah Berlin, Vinit Haksar, Jurgen Habermas, R.M. Hare, Philip Pettit, Derek Parfit, Michael Smith, Peter Geach, Philippa Foot, Bronwyn Davies, Quentin Skinner and Will Kymlicka are also discussed.

Author : Brian Barry
Publisher : Oxford University Press on Demand
Page : 315 pages
File Size : 47,7 Mb
Release : 1996
Category : Foreign Language Study
ISBN : 0198290926

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Justice as Impartiality by Brian Barry Pdf

Standing against the trend towards relativism in political philosophy, this work offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being

Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 48,9 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.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 55,9 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.

Author : John RAWLS
Publisher : Harvard University Press
Page : 624 pages
File Size : 45,8 Mb
Release : 2009-06-30
Category : Philosophy
ISBN : 9780674042605

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A Theory of Justice by John RAWLS Pdf

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Author : Stephen Breyer
Publisher : Harvard University Press
Page : 113 pages
File Size : 55,7 Mb
Release : 2021-09-14
Category : Law
ISBN : 9780674269361

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The Authority of the Court and the Peril of Politics by Stephen Breyer Pdf

A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 42,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Jerold S. Auerbach
Publisher : Oxford University Press
Page : 412 pages
File Size : 46,7 Mb
Release : 1977-02-03
Category : Law
ISBN : 9780199728923

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Unequal Justice by Jerold S. Auerbach Pdf

Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.

Author : Shimon Shetreet,Jules Deschênes
Publisher : Martinus Nijhoff Publishers
Page : 728 pages
File Size : 50,9 Mb
Release : 1985-01-01
Category : Law
ISBN : 9024731828

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Judicial Independence by Shimon Shetreet,Jules Deschênes Pdf

This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 45,5 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

Author : Shimon Shetreet,Sophie Turenne
Publisher : Cambridge University Press
Page : 495 pages
File Size : 51,7 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107013674

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Judges on Trial by Shimon Shetreet,Sophie Turenne Pdf

This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.

Author : Franziskus von Lucke,Thomas Diez,Solveig Aamodt,Bettina Ahrens
Publisher : Routledge
Page : 162 pages
File Size : 46,7 Mb
Release : 2021-02-27
Category : Political Science
ISBN : 9781000363531

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The EU and Global Climate Justice by Franziskus von Lucke,Thomas Diez,Solveig Aamodt,Bettina Ahrens Pdf

This book examines the European Union (EU)'s contribution to the development of the global climate regime within the broader framework of global justice. It argues that the procedural dimension of justice has been largely overlooked so far in the assessment of EU climate policy and reveals that the EU has significantly contributed to the development of the climate regime within its broader efforts to ‘solidarise’ international society. At the same time, the book identifies deficits of the climate regime and limits to the EU’s impact, and explains why the EU policy towards global climate change has shifted over time. Finally, it argues that these policies should not be assessed in terms of being wholly positive or wholly negative, but that they are shot through with ambiguities. This book will be of key interest to scholars, students, and practitioners of climate change, climate politics, and environmental and climate justice studies, and more broadly to EU Studies and International Relations.

Author : Cristina Teleki
Publisher : BRILL
Page : 392 pages
File Size : 40,5 Mb
Release : 2021-05-17
Category : Business & Economics
ISBN : 9789004447493

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Due Process and Fair Trial in EU Competition Law by Cristina Teleki Pdf

In Due Process and Fair Trial in EU Competition Law, Cristina Teleki addresses the complex relationship between Articles 101 and 102 of the Treaty on the Functioning of the European Union and Article 6 of the European Convention on Human Rights. The book is built around the idea that big business can threaten democracy. Due process and fair trial should be central to the process of addressing bigness through competition law, by safeguarding independent decision-making and judicial review and by preventing competition authorities from growing into administrative behemoths threatening democracy from inside. To show this, the book combines a comprehensive review of the case-law of the European Court of Human Rights with insight from economics, psychology and systems theory.

Author : Raymond Wacks
Publisher : OUP Oxford
Page : 152 pages
File Size : 45,9 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191510649

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Philosophy of Law: A Very Short Introduction by Raymond Wacks Pdf

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.

Author : Attila Badó
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 49,6 Mb
Release : 2013-10-23
Category : Law
ISBN : 9783319012162

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Fair Trial and Judicial Independence by Attila Badó Pdf

This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.​