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Judges Against Justice

On Judges When the Rule of Law is Under Attack

Hans Petter Graver author

Format:Paperback

Publisher:Springer-Verlag Berlin and Heidelberg GmbH & Co. KG

Published:22nd Sep '16

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Judges Against Justice cover

"Many have long puzzled over how men in robes, presumably committed by trade and professional instinct to "the rule of law," could so regularly and readily bring themselves to enforce the most evil policies of repressive rulers, from Stalin to Saddam Hussein. This penetrating study plumbs that question in greater comparative reach, historical depth, and jurisprudential sophistication than anyone before... Its answers are trenchant and sobering...a tour de force." (Mark Osiel, Aliber Family Chair, College of Law, University of Iowa, November 2014)

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. How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression?

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?

“Concerned with the role and behaviour of judges in developed “western” states during tyranny and authoritarian rule, including certain instances of occupation. … the book deserves a wider audience. In particular it should be of interest to lawmakers, judges and others concerned with preventing new instances of oppression, and everybody else interested in the role of judges in times of existential threats to society.” (Terje Einarsen, Nordic Journal of Human Rights, Vol. 34 (3), 2016)

ISBN: 9783662525944

Dimensions: unknown

Weight: 4745g

301 pages

Softcover reprint of the original 1st ed. 2015