03368nam 22006615 450 991048488270332120250423080152.03-662-44293-010.1007/978-3-662-44293-7(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 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?LawLawPhilosophyLawHistoryInternational criminal lawFundamentals of LawTheories of Law, Philosophy of Law, Legal HistoryInternational Criminal LawLaw.LawPhilosophy.LawHistory.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