Judging In Good Faith

Autor: Steven J. Burton
Publisher: Cambridge University Press
ISBN: 9780521477406
File Size: 17,30 MB
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This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

Risks And Wrongs

Autor: Jules L. Coleman
Publisher: CUP Archive
ISBN: 9780521428613
File Size: 14,87 MB
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This major new book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional 'rational choice' liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.

Philosophy And The Law Of Torts

Autor: Gerald J. Postema
Publisher: Cambridge University Press
ISBN: 9781139441278
File Size: 78,39 MB
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When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Permissible Killing

Autor: Suzanne Uniacke
Publisher: Cambridge University Press
ISBN: 9780521564588
File Size: 78,95 MB
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Do individuals have a positive right of self-defense? And if so, what are the limits of this right? Under what conditions, if any, does this use of force extend to the defense of others? These are some of the issues explored by Dr. Uniacke in this comprehensive philosophical discussion of the principles relevant to self-defense as a moral and legal justification for homicide. This is a lucid and sophisticated account of the complex notion of justification, revolving around a critical discussion of recent trends in the law of self-defense.

In Harm S Way

Autor: Jules L. Coleman
Publisher: Cambridge University Press
ISBN: 0521038715
File Size: 14,38 MB
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For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility and liability. It will be a collection of interest to anyone working in moral, legal or political philosophy.

Judges Beyond Politics In Democracy And Dictatorship

Autor: Lisa Hilbink
Publisher: Cambridge University Press
ISBN: 113946681X
File Size: 28,65 MB
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Why did formerly independent Chilean judges, trained under and appointed by democratic governments, facilitate and condone the illiberal, antidemocratic, and anti-legal policies of the Pinochet regime? Challenging the assumption that adjudication in non-democratic settings is fundamentally different and less puzzling than it is in democratic regimes, this 2007 book offers a longitudinal analysis of judicial behavior, demonstrating striking continuity in judicial performance across regimes in Chile. The work explores the relevance of judges' personal policy preferences, social class, and legal philosophy, but argues that institutional factors best explain the persistent failure of judges to take stands in defense of rights and rule of law principles. Specifically, the institutional structure and ideology of the Chilean judiciary, grounded in the ideal of judicial apoliticism, furnished judges with professional understandings and incentives that left them unequipped and disinclined to take stands in defense of liberal democratic principles, before, during, and after the authoritarian interlude.

Limits Of Legality

Autor: Jeffrey Brand-Ballard
Publisher: Oxford University Press, USA
ISBN: 0195342291
File Size: 20,51 MB
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Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others.