Judges Against Justice
On Judges When the Rule of Law is Under Attack
Authors: Graver, Hans Petter
Free Preview- 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
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- About this book
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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
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“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)
- Table of contents (19 chapters)
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The Judicial Role and the Rule of Law
Pages 1-11
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State Repression and the Rule of Law
Pages 15-34
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Repression of the Judiciary
Pages 35-52
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Judicial Acceptance of Oppression
Pages 53-89
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The Opposition
Pages 91-112
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Table of contents (19 chapters)
- Download Sample pages 1 PDF (218.5 KB)
- Download Table of contents PDF (110.9 KB)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Judges Against Justice
- Book Subtitle
- On Judges When the Rule of Law is Under Attack
- Authors
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- Hans Petter Graver
- Copyright
- 2015
- Publisher
- Springer-Verlag Berlin Heidelberg
- Copyright Holder
- Springer-Verlag Berlin Heidelberg
- eBook ISBN
- 978-3-662-44293-7
- DOI
- 10.1007/978-3-662-44293-7
- Hardcover ISBN
- 978-3-662-44292-0
- Softcover ISBN
- 978-3-662-52594-4
- Edition Number
- 1
- Number of Pages
- X, 301
- Topics
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