Judges Against Justice On Judges When the Rule of Law is Under Attack /

• Main Author: Graver, Hans Petter (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic eBook
• Language: English
• Published: Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2015.
• Subjects: Law.; Law > Philosophy.; International criminal law.; Fundamentals of Law.; Theories of Law, Philosophy of Law, Legal History.; International Criminal Law.

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 happens when states become oppressive and the judiciary contributes to the op...

Table of Contents:

• The Judicial Role and the Rule of Law
• Part One: The War of Law: State Repression and the Rule of Law
• Repression of the Judiciary
• Judicial Acceptance of Oppression
• The Opposition
• Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability
• The Condition of Illegality under International Law
• The condition of Illegality and Failed Usurpations
• The Condition of Illegality in Transitional Settings
• Judges in Special Courts
• Justification of Judicial Oppression
• A Special Immunity for Judges?
• Holding Judges Responsible
• Part Three: The Moral Side of Judging: The Positivism Thesis
• What Positivism?
• Alternative approaches to Legal Interpretation
• Beyond Legal Theory as Explanation
• The Lesser Evil
• Judges for Justice.