Judges and Judging in the History of the Common Law and Civil Law PDF Download
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Author: Paul Brand
Publisher: Cambridge University Press
ISBN: 1139505572
Category : Law
Languages : en
Pages :
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Book Description
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Author: Paul Brand
Publisher: Cambridge University Press
ISBN: 1139505572
Category : Law
Languages : en
Pages :
Get Book Here
Book Description
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Author: Robert Stevens
Publisher: Hart Publishing
ISBN: 1841134953
Category : Law
Languages : en
Pages : 233
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Book Description
This book looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century.
Author: Shimon Shetreet
Publisher: Cambridge University Press
ISBN: 1107013674
Category : Law
Languages : en
Pages : 495
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Book Description
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
Author: Benjamin H. Barton
Publisher: Cambridge University Press
ISBN: 1139495585
Category : Law
Languages : en
Pages : 313
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Book Description
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Author: David Neuberger
Publisher: Haus Publishing
ISBN: 1912208245
Category : Law
Languages : en
Pages : 55
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Book Description
To the vast majority of the English public, the role of the United Kingdom’s Supreme Court has often been distant and incomprehensible, its judges a caste apart from society. The Power of Judges ends this mystery, exploring the fundamental concept of justice and explaining the main functions of the courts, the challenges they face, and the complexity of the judicial system. In this lucid account of the judiciary, David Neuberger and Peter Riddell lead us through an array of topics both philosophical and logistical, including the relationships between morality and law and between Parliament and the judiciary. They explain the effects of cuts in legal aid and shed light on complex and controversial subjects like assisted dying and the complexities of combating mass terrorism while protecting personal liberty. Given that many of these issues span national borders, the book also compares the United Kingdom’s legal system with its counterparts in the United States and Germany. Full of insights, The Power of Judges is an informative and accessible account of the United Kingdom’s judicial system, its contribution to running the country, and the challenges it faces—including the many threats to its effectiveness.
Author: John Aneurin Grey Griffith
Publisher: Manchester University Press
ISBN: 9780719007026
Category : Judicial power
Languages : en
Pages : 232
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Book Description
Author: C. A. Gearty
Publisher: Oxford University Press
ISBN: 0198787634
Category : Law
Languages : en
Pages : 257
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Book Description
The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.
Author: Robert H. O'Connell
Publisher: BRILL
ISBN: 9004275878
Category : Religion
Languages : en
Pages : 567
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Book Description
This volume describes how the rhetorical devices used in Judges inspire its readers to support a divinely appointed Judahite king who endorses the deuteronomic agenda to rid the land of foreigners, to maintain inter-tribal loyalty to YHWH's cult, and to uphold social justice. Matters of rhetorical concern interpreted here include the superimposed cycle-motif and tribal-political schemata, concerns reflected in the plot-layers of each hero story, the force of narrative analogy for characterization, the strategy of entrapment which foreshadows portrayals of Saul and David in 1 Samuel, and the relation between Judges' implied situation of composition and its compiler's intention. In addition to offering new insights into the rhetorical strategy of the Judges compiler, this book illustrates a new method for understanding how plot-layered stories work.
Author: Katja S Ziegler
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 306
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Book Description
This book examines the role of parliaments in modern constitutionalism by comparing various European deliberative institutions.
Author: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767892
Category : Law
Languages : en
Pages : 231
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Book Description
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
