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Author | : Ofer Raban |
Publisher | : Taylor & Francis |
Total Pages | : 132 |
Release | : 2012-09-10 |
Genre | : Law |
ISBN | : 1135311315 |
Download Modern Legal Theory & Judicial Impartiality Book in PDF, ePub and Kindle
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Author | : Ofer Raban |
Publisher | : Routledge |
Total Pages | : 124 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9781904385073 |
Download Modern Legal Theory and Judicial Impartiality Book in PDF, ePub and Kindle
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Author | : Ofer Raban |
Publisher | : |
Total Pages | : 226 |
Release | : 2020-03-04 |
Genre | : |
ISBN | : 9781942695202 |
Download The Silent Prologue Book in PDF, ePub and Kindle
The U.S. Constitution contains a series of rights and liberties operating as restrictions on the powers of government, and courts have the final authority to determine what these often nebulous restrictions require. But judges are deeply divided over the correct methodology to follow in making these determinations: different judges employ different judicial philosophies--and may consequently reach different constitutional results. Understanding these methodological disagreements is therefore crucial for anyone wishing to attain a full understanding of our constitutional law, or to appraise the legitimacy of our institutional arrangements--especially that of judicial review. In The Silent Prologue, Ofer Raban provides an engaging examination of the interpretive theories judges use to reach their verdicts. Using key case histories as illustration, Raban illuminates the rationales and assumptions behind competing judicial philosophies that have far-reaching implications for the rights of American citizens. Distributed for George Mason University Press
Author | : Eric T. Kasper |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : Fair trial |
ISBN | : 9780739177211 |
Download Impartial Justice Book in PDF, ePub and Kindle
This book discusses the Constitutional right to a neutral decisionmaker, focusing on U.S. Supreme Court cases on the Sixth Amendment guarantee to a jury in criminal cases and to the due process requirements of an impartial judge and a neutral decisionmaker in quasi-judicial contexts. The work explores how these rights have evolved, and it critically examines relevant Court cases.
Author | : Ofer Raban |
Publisher | : Routledge |
Total Pages | : 150 |
Release | : 2012-09-10 |
Genre | : Law |
ISBN | : 1135311307 |
Download Modern Legal Theory & Judicial Impartiality Book in PDF, ePub and Kindle
This book argues that at the core of legal philosophys principal debates there is essentially one issue judicial impartiality. Keeping this issue to the forefront, Raban's approach sheds much light on many difficult and seemingly perplexing jurisprudential debates. Modern Legal Theory and Judicial Impartiality offers a fresh and penetrating examination of two of the most celebrated modern legal theorists: HLA Hart and Ronald Dworkin. The book explains the relations between these two scholars and other theorists and schools of thought (including Max Weber, Lon Fuller, and the law and economics movement), offering both novices and experts an innovative and lucid look at modern legal theory. The book is written in an engaging and conversational style, tackling highly sophisticated issues in a concise and accessible manner. Undergraduates in jurisprudence and legal theory, as well as more advanced readers, will find it clear and challenging.
Author | : John Arthur |
Publisher | : Routledge |
Total Pages | : 356 |
Release | : 2018-02-12 |
Genre | : Political Science |
ISBN | : 0429982585 |
Download Words That Bind Book in PDF, ePub and Kindle
Words That Bind presents a careful and nuanced treatment of constitutional interpretation and judicial review. By bringing constitutional theory and contemporary political philosophy to bear on each other, John Arthur illuminates these topics as no other recent author has.
Author | : Douglas E. Edlin |
Publisher | : University of Michigan Press |
Total Pages | : 281 |
Release | : 2020-03-06 |
Genre | : Political Science |
ISBN | : 0472902342 |
Download Common Law Judging Book in PDF, ePub and Kindle
Are judges supposed to be objective? Citizens, scholars, and legal professionals commonly assume that subjectivity and objectivity are opposites, with the corollary that subjectivity is a vice and objectivity is a virtue. These assumptions underlie passionate debates over adherence to original intent and judicial activism. In Common Law Judging, Douglas Edlin challenges these widely held assumptions by reorienting the entire discussion. Rather than analyze judging in terms of objectivity and truth, he argues that we should instead approach the role of a judge’s individual perspective in terms of intersubjectivity and validity. Drawing upon Kantian aesthetic theory as well as case law, legal theory, and constitutional theory, Edlin develops a new conceptual framework for the respective roles of the individual judge and of the judiciary as an institution, as well as the relationship between them, as integral parts of the broader legal and political community. Specifically, Edlin situates a judge’s subjective responses within a form of legal reasoning and reflective judgment that must be communicated to different audiences. Edlin concludes that the individual values and perspectives of judges are indispensable both to their judgments in specific cases and to the independence of the courts. According to the common law tradition, judicial subjectivity is a virtue, not a vice.
Author | : W. J. Waluchow |
Publisher | : Cambridge University Press |
Total Pages | : 7 |
Release | : 2006-12-25 |
Genre | : Philosophy |
ISBN | : 1139462814 |
Download A Common Law Theory of Judicial Review Book in PDF, ePub and Kindle
In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : |
ISBN | : |
Download Judicial Impartiality Book in PDF, ePub and Kindle
Author | : Keith Bybee |
Publisher | : Cultural Lives of Law |
Total Pages | : 194 |
Release | : 2010-08-24 |
Genre | : Law |
ISBN | : |
Download All Judges Are Political—Except When They Are Not Book in PDF, ePub and Kindle
Comparing law to the American practice of common courtesy, this book explains how our courts not only survive under conditions of suspected hypocrisy, but actually depend on these conditions to function.