03568nam 22006375 450 991048488270332120200919123315.03-662-44293-010.1007/978-3-662-44293-7(CKB)3710000000239376(EBL)1966031(OCoLC)908084640(SSID)ssj0001354176(PQKBManifestationID)11768820(PQKBTitleCode)TC0001354176(PQKBWorkID)11322680(PQKB)11428336(DE-He213)978-3-662-44293-7(MiAaPQ)EBC1966031(PPN)181348322(EXLCZ)99371000000023937620140911d2015 u| 0engur|n|---|||||txtccrJudges Against Justice[electronic resource] On Judges When the Rule of Law is Under Attack /by Hans Petter Graver1st ed. 2015.Berlin, Heidelberg :Springer Berlin Heidelberg :Imprint: Springer,2015.1 online resource (297 p.)Description based upon print version of record.3-662-44292-2 Includes bibliographical references.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.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 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?Law—PhilosophyLawInternational criminal lawFundamentals of Lawhttps://scigraph.springernature.com/ontologies/product-market-codes/R11003Theories of Law, Philosophy of Law, Legal Historyhttps://scigraph.springernature.com/ontologies/product-market-codes/R11011International Criminal Law https://scigraph.springernature.com/ontologies/product-market-codes/R19040Law—Philosophy.Law.International criminal law.Fundamentals of Law.Theories of Law, Philosophy of Law, Legal History.International Criminal Law .340340.1345Graver Hans Petterauthttp://id.loc.gov/vocabulary/relators/aut532180BOOK9910484882703321Judges Against Justice2853956UNINA