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Record Nr. |
UNINA9910484882703321 |
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Autore |
Graver Hans Petter |
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Titolo |
Judges Against Justice : On Judges When the Rule of Law is Under Attack / / by Hans Petter Graver |
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Pubbl/distr/stampa |
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Berlin, Heidelberg : , : Springer Berlin Heidelberg : , : Imprint : Springer, , 2015 |
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ISBN |
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Edizione |
[1st ed. 2015.] |
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Descrizione fisica |
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1 online resource (297 p.) |
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Disciplina |
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Soggetti |
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Law |
Law - Philosophy |
Law - History |
International criminal law |
Fundamentals of Law |
Theories of Law, Philosophy of Law, Legal History |
International Criminal Law |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Note generali |
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Description based upon print version of record. |
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Nota di bibliografia |
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Includes bibliographical references. |
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Nota di contenuto |
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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. |
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Sommario/riassunto |
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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 |
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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 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? |
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