Overview
Guidance on how to diminish judicial cooperation in oppression
Close-up tour of judges in their complicity with bad legal regimes
First comprehensive treatment of criminal liability for judges for upholding wicked laws
Addresses judges who experience oppressive legislation as a challenge to their conscience
Includes supplementary material: sn.pub/extras
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Table of contents (19 chapters)
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Front Matter
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The War of Law
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Front Matter
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Holding Judges Responsible for Injustice
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Front Matter
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The Moral Side of Judging
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Front Matter
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Keywords
About this book
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
Reviews
“Concerned with the role and behaviour of judges in developed “western” states during tyranny and authoritarian rule, including certain instances of occupation. … the book deserves a wider audience. In particular it should be of interest to lawmakers, judges and others concerned with preventing new instances of oppression, and everybody else interested in the role of judges in times of existential threats to society.” (Terje Einarsen, Nordic Journal of Human Rights, Vol. 34 (3), 2016)
"Many have long puzzled over how men in robes, presumably committed by trade and professional instinct to “the rule of law,” could so regularly and readily bring themselves to enforce the most evil policies of repressive rulers, from Stalin to Saddam Hussein. This penetrating study plumbs that question in greater comparative reach, historical depth, and jurisprudential sophistication than anyone before… Its answers are trenchant and sobering…a tour de force." (Mark Osiel, Aliber Family Chair, College of Law, University of Iowa, November 2014)
Authors and Affiliations
Bibliographic Information
Book Title: Judges Against Justice
Book Subtitle: On Judges When the Rule of Law is Under Attack
Authors: Hans Petter Graver
DOI: https://doi.org/10.1007/978-3-662-44293-7
Publisher: Springer Berlin, Heidelberg
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer-Verlag Berlin Heidelberg 2015
Hardcover ISBN: 978-3-662-44292-0Published: 24 September 2014
Softcover ISBN: 978-3-662-52594-4Published: 22 September 2016
eBook ISBN: 978-3-662-44293-7Published: 11 September 2014
Edition Number: 1
Number of Pages: X, 301
Topics: Fundamentals of Law, Theories of Law, Philosophy of Law, Legal History, International Criminal Law