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Judges and Unjust Laws

Judges and Unjust Laws

Author: Douglas E Edlin
Publisher: University of Michigan Press
ISBN: 0472034154
Pages: 321
Year: 2010-07-22
Are judges legally obligated to enforce an unjust law?
Justice Accused

Justice Accused

Author: Robert M. Cover
Publisher: Yale University Press
ISBN: 0300032528
Pages: 322
Year: 1984-07
What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. Cover's book is splendid in many ways. His legal history and legal philosophy are both first class...This is, for a change, an interdisciplinary work that is a credit to both disciplines.-Ronald Dworkin, Times Literary Supplement Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards...An exciting adventure in interdisciplinary history.-Harold M. Hyman, American Historical Review A most articulate, sophisticated, and learned defense of legal formalism...Deserves and needs to be widely read.-Don Roper, Journal of American History An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance.-Edwards A.Stettner, Annals of the American Academy of Political and Social Science A really fine book, an important contribution to law and to history.-Louis H. Pollak
Unfair

Unfair

Author: Adam Benforado
Publisher: Crown
ISBN: 0770437761
Pages: 379
Year: 2015
"A crusading legal scholar exposes the powerful psychological forces that undermine our criminal justice system--and affect us all Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the temperature of the courtroom, the camera angle of a defendant's taped confession, or a simple word choice or gesture during a cross-examination. In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness--and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system. Weaving together historical examples, scientific studies, and compelling court cases--from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case--Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members, convicting the innocent while letting dangerous criminals go free. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law"--
Changing Unjust Laws Justly

Changing Unjust Laws Justly

Author: Colin Harte
Publisher: CUA Press
ISBN: 0813214068
Pages: 363
Year: 2005-06-01
Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally.
Letter from the Birmingham Jail

Letter from the Birmingham Jail

Author: Jr. Martin Luther King
Publisher: Createspace Independent Publishing Platform
ISBN: 1535599812
Pages: 26
Year: 2016-07-31
Original text of Martin Luther King Jr.'s open letter from jail, written in April 1963.
An Unjust Judge

An Unjust Judge

Author: Cora Harrison
Publisher: Severn House Publishers Ltd
ISBN: 1780108435
Pages: 224
Year: 2017-03-01
An unfairly harsh judge meets a gruesome end in the latest intriguing Burren mystery. It was a macabre ending for an unjust judge: his throat slit by a sharp knife; his body stuffed into a lobster pot and left beneath a powerful jet of water shooting up through the cliffs from the turbulent Atlantic. When Mara, Brehon of the nearby kingdom of the Burren, comes to investigate, she knows that her first suspects have to be the five young men who had received such savage sentences for minor crimes. But there are others in the frame: the nephew of the former Brehon, a man with the power of the Tudor court behind him. The child bride who hated her husband. The ill-treated apprentice. And who was it who was seen on that moonlit night by the confused and elderly Fergus Mac Clancy?
Natural Law and Natural Rights

Natural Law and Natural Rights

Author: John Finnis
Publisher: OUP Oxford
ISBN: 0191021547
Pages: 512
Year: 2011-04-07
First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.
Judicial Review in an Objective Legal System

Judicial Review in an Objective Legal System

Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Pages: 302
Year: 2015-08-07
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Jury Nullification

Jury Nullification

Author: Clay S. Conrad
Publisher: Cato Institute
ISBN: 1939709016
Pages: 337
Year: 2013-12-05
The Founding Fathers guaranteed trial by jury three times in the Constitution—more than any other right—since juries can serve as the final check on government’s power to enforce unjust, immoral, or oppressive laws. But in America today, how independent c
Why People Obey the Law

Why People Obey the Law

Author: Tom R. Tyler
Publisher: Princeton University Press
ISBN: 0691126739
Pages: 299
Year: 2006
People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.
Unjust by Design

Unjust by Design

Author: Ron Ellis
Publisher: UBC Press
ISBN: 0774824794
Pages: 388
Year: 2013-03-01
Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.
Changing Unjust Laws Justly

Changing Unjust Laws Justly

Author: Colin Harte
Publisher: CUA Press
ISBN: 0813214068
Pages: 363
Year: 2005-06-01
Changing Unjust Laws Justly is the first book to address systematically the practical, legal, and ethical problems that are encountered in well-intentioned attempts to restrict abortion. It will be of considerable interest not only to political, legal, and moral philosophers, but also to lawmakers and the pro-life movement generally.
Towards Recognition of Minority Groups

Towards Recognition of Minority Groups

Author: Asst Prof Karolina M Cern, Professor Bartosz Wojciechowski, Professor Marek Zirk-Sadowski
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472444922
Pages: 294
Year: 2014-12-28
This volume analyses current debates concerning problems in the nature, justification, and legal protection of human rights for minorities, with reference to the issues surrounding social milieu as a source of any legitimized law, which is in itself in need of legal recognition as well as being an object of legal protection. With contributions from a global network of scientists across several continents, the work examines the debate dedicated to the understanding of the normative framework, expressed in terms of human rights that guarantee autonomous action in public and private for minority groups as well as individuals. The chapters go on to study the particular claims that need to be audible and visible for others in the public sphere with reference to the legal protection of human rights. The work concludes with the completion of an interpretative circle debating the issues of legal consensus and legal identity with respect to the specificity of the patterns and modes guiding human interactions. Going beyond the legal analysis to discuss communication strategies in human rights, this collection will be of great interest to those studying the philosophy and theory of law, practical philosophy in general, political sciences and theory of democracy.
The Unconstitutionality of Slavery

The Unconstitutionality of Slavery

Author: Lysander Spooner
Publisher: ReadHowYouWant.com
ISBN: 1442923660
Pages: 424
Year: 2009-02-13

Justice for Hedgehogs

Justice for Hedgehogs

Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674071964
Pages: 528
Year: 2011-05-03
In Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.