Judging Rights PDF Download
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Author | : Jeff King |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2012-05-10 |
Genre | : Law |
ISBN | : 1107008026 |
Download Judging Social Rights Book in PDF, ePub and Kindle
Jeff King argues in favour of constitutionalising social rights, and presents an incrementalist approach to judicial enforcement.
Author | : Kirstie M. McClure |
Publisher | : Cornell University Press |
Total Pages | : 340 |
Release | : 2018-09-05 |
Genre | : Political Science |
ISBN | : 1501728660 |
Download Judging Rights Book in PDF, ePub and Kindle
Kirstie McClure offers a major reinterpretation of John Locke's thought that is important not only for the light it sheds on Locke, but also for the questions it raises about liberalism and rights-based theories of politics. Sensitive to the range of interpretative and political issues that Locke's work raises, McClure's analysis is impressive for its balance and subtlety, and for her command of the enormous literature on Locke. Between the Restoration and the Glorious Revolution, between Two Tracts on Government of 1660 and Two Treatises on Government of 1690, Locke subjected the idea of civil power to increasing scrutiny. In one generation, he moved from supporting order for its own sake to defending resistance, and ended with a profoundly modern epistemology. McClure suggests that Locke's concepts of government by consent, equality, rights, and the rule of law were embedded in his theistic cosmology. While Locke may well have been a constitutionalist, his theoretical concerns were far broader than any legal or constitutional interpretation of his work might suggest. To make this claim, she explains, is to deny neither the significance of "rights" nor the importance of institutions and consent in Locke's theoretical production. Rather, it is to insist that such themes are merely parts of a more comprehensive theoretical project, the focus of which, bluntly stated in the Second Treatise, was "to understand Political Power right."
Author | : Stefan Kadelbach |
Publisher | : Springer |
Total Pages | : 663 |
Release | : 2019-04-15 |
Genre | : Law |
ISBN | : 3319948482 |
Download Judging International Human Rights Book in PDF, ePub and Kindle
This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Author | : Sharyn Roach Anleu |
Publisher | : Routledge |
Total Pages | : 180 |
Release | : 2021-02-03 |
Genre | : Law |
ISBN | : 1351718150 |
Download Judging and Emotion Book in PDF, ePub and Kindle
Judging and Emotion investigates how judicial officers understand, experience, display, manage and deploy emotions in their everyday work, in light of their fundamental commitment to impartiality. Judging and Emotion challenges the conventional assumption that emotion is inherently unpredictable, stressful or a personal quality inconsistent with impartiality. Extensive empirical research with Australian judicial officers demonstrates the ways emotion, emotional capacities and emotion work are integral to judicial practice. Judging and Emotion articulates a broader conception of emotion, as a social practice emerging from interaction, and demonstrates how judicial officers undertake emotion work and use emotion as a resource to achieve impartiality. A key insight is that institutional requirements, including conceptions of impartiality as dispassion, do not completely determine the emotion dimensions of judicial work. Through their everyday work, judicial officers construct and maintain the boundaries of an impartial judicial role which necessarily incorporates emotion and emotion work. Building on a growing interest in emotion in law and social sciences, this book will be of considerable importance to socio-legal scholars, sociologists, the judiciary, legal practitioners and all users of the courts.
Author | : Robert A. Katzmann |
Publisher | : Oxford University Press |
Total Pages | : 184 |
Release | : 2014-08-14 |
Genre | : Law |
ISBN | : 0199362149 |
Download Judging Statutes Book in PDF, ePub and Kindle
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author | : Paul Brand |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139505572 |
Download Judges and Judging in the History of the Common Law and Civil Law Book in PDF, ePub and Kindle
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Author | : Kate Stith |
Publisher | : University of Chicago Press |
Total Pages | : 302 |
Release | : 1998-10 |
Genre | : Law |
ISBN | : 9780226774862 |
Download Fear of Judging Book in PDF, ePub and Kindle
For two centuries, federal judges exercised wide discretion in criminal sentencing. In 1987 a complex bureaucratic apparatus termed Sentencing "Guidelines" was imposed on federal courts. FEAR OF JUDGING is the first full-scale history, analysis, and critique of the new sentencing regime, arguing that it sacrifices comprehensibility and common sense.
Author | : Alison Young |
Publisher | : Psychology Press |
Total Pages | : 205 |
Release | : 2005 |
Genre | : Art and morals |
ISBN | : 041530184X |
Download Judging the Image Book in PDF, ePub and Kindle
This book extends the cultural turn in legal and criminological studies by interrogating our responses to the image. It provides a space to think through problems of ethics, social authority and the legal imagination.
Author | : Hans Petter Graver |
Publisher | : Springer |
Total Pages | : 297 |
Release | : 2014-09-11 |
Genre | : Law |
ISBN | : 3662442930 |
Download Judges Against Justice Book in PDF, ePub and Kindle
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?
Author | : David M. O'Brien |
Publisher | : CQ Press |
Total Pages | : 625 |
Release | : 2016-05-20 |
Genre | : Political Science |
ISBN | : 150634030X |
Download Judges on Judging Book in PDF, ePub and Kindle
Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features “off-the-bench” writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material written by David M. O’Brien provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary.