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Author: Steven J. Burton
Publisher: Cambridge University Press
ISBN: 9780521477406
Category : Law
Languages : en
Pages : 296
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Book Description
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
Author: Steven J. Burton
Publisher: Cambridge University Press
ISBN: 9780521477406
Category : Law
Languages : en
Pages : 296
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Book Description
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
Author: Jason E. Whitehead
Publisher:
ISBN: 9781602585256
Category : Judges
Languages : en
Pages : 0
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Book Description
The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.
Author: Roger R. Adams
Publisher: Wipf and Stock Publishers
ISBN: 1666749044
Category : Religion
Languages : en
Pages : 301
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Book Description
Beliefs have consequences. Our beliefs about life’s “big questions”—Who am I? How should I act? What’s my purpose for living?—impact our lives and the lives of people around us. Our answers should take into account scientific explanations of our world and our species, but answers to existential questions are matters of values, not empirical facts. Our answers are the lenses through which we observe and make sense of ourselves and our experiences, lenses developed from attitudes and assumptions absorbed from parents, friends, and cultures, and also from religions and secular ideologies. We have choices, and the lenses we choose to wear shape our day-to-day decisions and interactions. Good Faith examines the choices—various answers with their embedded assumptions and values—and assesses the likely results if people lived according to those answers. Flourishing is the criterion. Do our answers enhance or diminish well-being, for ourselves, our communities, and all humanity?
Author: Timothy Keller
Publisher: Penguin
ISBN: 0525954155
Category : Religion
Languages : en
Pages : 338
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Book Description
We live in an age of skepticism. Our society places such faith in empirical reason, historical progress, and heartfelt emotion that it’s easy to wonder: Why should anyone believe in Christianity? What role can faith and religion play in our modern lives? In this thoughtful and inspiring new book, pastor and New York Times bestselling author Timothy Keller invites skeptics to consider that Christianity is more relevant now than ever. As human beings, we cannot live without meaning, satisfaction, freedom, identity, justice, and hope. Christianity provides us with unsurpassed resources to meet these needs. Written for both the ardent believer and the skeptic, Making Sense of God shines a light on the profound value and importance of Christianity in our lives.
Author: John C. Yoder
Publisher: Fortress Press
ISBN: 1451496621
Category : Religion
Languages : en
Pages : 289
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Book Description
John C. Yoder examines political culture and behavior in the book of Judges. Although the Deuteronomistic editor portrayed the "judges" as moral champions, the men and women of valor were preoccupied with the problem of gaining and maintaining political power. They were ambitious, at times ruthless; they might be labeled chiefs, strongmen, or even warlords in today's world, using violence, patronage, and the control of the labor and reproductive capacity of subordinates, as well as other strategies that did not require the constant exercise of force.
Author: Sabrina Pearson-Wenger
Publisher: Kluwer Law International B.V.
ISBN: 9403507489
Category : Law
Languages : en
Pages : 659
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Book Description
From the perspective of users of international commercial arbitration, the uncertainties surrounding the application of good faith by an arbitral tribunal create an unwelcome unpredictability. Acknowledging this prevalent situation, this book is the first to study in depth the available international arbitral awards that have applied good faith, thus providing detailed guidance on how this notion is (and can be) applied by tribunals in international commercial arbitration. Moreover, the author proposes a set of deeply informed guidelines for the future application of good faith by arbitral tribunals to both the parties’ contract and the arbitration agreement. This book provides a comprehensive description of the role and scope of good faith under governing laws in key jurisdictions (England, New York, Switzerland, France, Germany, China, Singapore, Hong Kong, Australia, and Canada) as well as under the CISG, the UNIDROIT Principles, and other uniform law and soft law instruments. The book greatly clarifies the source and role of good faith with respect to the following issues surrounding the arbitration agreement: formal validity of the arbitration agreement; incorporation of the arbitration agreement by reference; interpretation of the arbitration agreement; capacity and power of the parties to arbitrate; extension of an arbitration agreement to a non-signatory party; pre-arbitration requirements to negotiate or mediate; and performance of the arbitration agreement. Proposed guidelines for the application of good faith to each of these issues are included, along with useful figures summarizing the content of the obligations to negotiate or mediate in good faith prior to resorting to arbitration as well as the obligation to arbitrate in good faith. By analysing the role and scope of good faith under different national and non-national laws, this book will prove of inestimable value not only by providing invaluable insight into the recourse to good faith by arbitral tribunals but also by providing guidance on how good faith should be applied to the parties’ contract in international commercial arbitration. Arbitrators, as well as users of arbitration, will welcome the clarity on how good faith is applied to the various issues surrounding the arbitration agreement and, in particular, to the pre-arbitration requirements to negotiate or mediate as well as the performance of the arbitration agreement.
Author: Allan C. Hutchinson
Publisher: Duke University Press
ISBN: 0822380420
Category : Law
Languages : en
Pages : 390
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Book Description
Three questions concerning modern legal thought provide the framework for It’s All in the Game: What should judges do? What do judges do? What can judges do? Contrasting his own answers to traditional responses and moving playfully between debates of high theory, daily practices of appellate judges, and his own enlightening analyses of significant court rulings, Allan C. Hutchinson examines what it means to treat adjudication as an engaged game of rhetorical justification. His resulting argument enables the reader to grasp more fully the practical operation, political determinants, and the transformative possibilities of law and adjudication. Taking on leading contemporary theories to explore the claim that “law is politics,” Hutchinson delineates a route toward professional, relevant, and responsible—if radical—judicial practices. After discussing the difference between foundationalist, antifoundationalist, and nonfoundationalist legal critiques, he offers a focused, unequivocal, and positive account of the advantages of operating within a nonfoundationalist framework. Although such an approach centralizes the role of rhetoric in law, Hutchinson claims that this does not necessitate a turn away from politics or, more particularly, from a progressive politics. Driving home the political and jurisprudential impact of his critique and of his account of nonfoundationalist alternatives, he urges judges and jurists to engage in law’s language game of politics. This engaging book will interest linguistic philosophers, legal theorists, law students, attorneys, judges, and jurists of all stripes.
Author: Julien Chaisse
Publisher:
ISBN: 0198827458
Category : Business & Economics
Languages : en
Pages : 561
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Book Description
This book explores the three tracks of China's investment policy and strategy: bilateral agreements, regional agreements, and global initiatives. Its overarching topic is whether these three tracks compete with or complement one another - a question of profound importance for China's political and economic future and world investment governance.
Author: Edward Sri
Publisher: Ignatius Press
ISBN: 1681497441
Category : Religion
Languages : en
Pages : 192
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Book Description
"Don't be so judgmental!" "Why are Christians so intolerant?" "Why can't we just coexist?" In an age in which preference has replaced morality, many people find it difficult to speak the truth, afraid of the reactions they will receive if they say something is right or wrong. Using engaging stories and personal experience, Edward Sri helps us understand the classical view of morality and equips us to engage relativism, appealing to both the head and the heart. Learn how Catholic morality is all about love, why making a judgment is not judging a person's soul, and why, in the words of Pope Francis, "relativism wounds people." Topics include: • Real Freedom, Real Love • Sharing truth with compassion • Why "I disagree" doesn't mean "I hate you"
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184645
Category : Law
Languages : en
Pages : 393
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Book Description
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
