Author: Mark Hedley
Publisher: Jordan Publishing (GB)
ISBN: 9781784732790
Category : Domestic relations
Languages : en
Pages : 0
Get Book Here
Book Description
Sir Mark Hadley's aim in this book is to be frank rather than scholarly about judging. The trial judge is in a very different position to the appellate judge. The trial is where the facts are determined, and it is essentially a trial judge who exercises the powers of discretion which modern society increasingly vests in its judiciary. As society becomes more complex, so does the law. However, law cannot provide for every circumstance and so its application often involves the exercise of discretion. Criminal sentencing, child welfare, the protection of those who lack mental capacity, and disputes about medical treatment are obvious examples. How do judges go about that? How far are judges influenced or affected by their backgrounds, beliefs, and own life experiences? And, if consistency is an aspect of public justice, can that be achieved? And what about the conflict between public justice and personal privacy? These are pressing questions in a society where judges have greater effective power than ever before. [Subject: Family Law, Judicial History]
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400827043
Category : Law
Languages : en
Pages : 355
Get Book Here
Book Description
Whether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge in a modern democracy assumes a role that raises some of the most contentious political issues of our day. But do judges even have a role beyond deciding the disputes before them under law? What are the criteria for judging the justices who write opinions for the United States Supreme Court or constitutional courts in other democracies? These are the questions that one of the world's foremost judges and legal theorists, Aharon Barak, poses in this book. In fluent prose, Barak sets forth a powerful vision of the role of the judge. He argues that this role comprises two central elements beyond dispute resolution: bridging the gap between the law and society, and protecting the constitution and democracy. The former involves balancing the need to adapt the law to social change against the need for stability; the latter, judges' ultimate accountability, not to public opinion or to politicians, but to the "internal morality" of democracy. Barak's vigorous support of "purposive interpretation" (interpreting legal texts--for example, statutes and constitutions--in light of their purpose) contrasts sharply with the influential "originalism" advocated by U.S. Supreme Court Justice Antonin Scalia. As he explores these questions, Barak also traces how supreme courts in major democracies have evolved since World War II, and he guides us through many of his own decisions to show how he has tried to put these principles into action, even under the burden of judging on terrorism.
Author: Russell Canan
Publisher: The New Press
ISBN: 1620973871
Category : Law
Languages : en
Pages : 113
Get Book Here
Book Description
“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
Author: Jeremy Cooper
Publisher:
ISBN: 9780198796602
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The role of the judiciary is constantly evolving and is in many ways more important than ever. Indeed, many argue that the sovereignty of parliament is eroding and being replaced by the respective power of judges. The Jackson Reforms of 2010, for example, saw judges bestowed with more power over case and budget management than ever before. Equally, courtrooms are transforming under the weight of technological innovation and the increasing presence of litigants in person. Stemming from a series of lectures arranged by the Judicial College on the theme of 'Being a Judge in the Modern World', this book provides a survey of many significant aspects of the modern judicial role. With contributions from some of the most senior judges in the UK and beyond, this collection provides a unique and firsthand insight into the development of the legal system and the challenges faced by today's judiciary. Additional contributions from the realms of journalism and civil liberties offer an external perspective and provide a wider context to the judicial voices.
Author: Christopher Wolfe
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645468
Category : Philosophy
Languages : en
Pages : 463
Get Book Here
Book Description
This major history of judicial review, revised to include the Rehnquist court, shows how modern courts have used their power to create new "rights with fateful political consequences." Originally published by Basic Books.
Author: Francis DeBernardo
Publisher: Liturgical Press
ISBN: 0814644449
Category : Biography & Autobiography
Languages : en
Pages : 176
Get Book Here
Book Description
The world came to know the Franciscan priest Mychal Judge through the bravery and self-sacrifice he displayed during the World Trade Center attacks of September 11, 2001. But long before his lifeless body was carried out of the rubble (a moment captured in a photograph that became immediately famous), and before he was officially designated “Victim 0001” of that day’s attacks, Fr. Judge was, to a great many people, a beloved priest known for his compassion and faith. In Mychal Judge, Francis DeBernardo offers a spiritual biography that will move and fascinate readers. It details the personal history and experiences—including his Irish-American upbringing, his struggles with alcoholism, his care for the marginalized, and his ministry to firefighters—that formed the man who ultimately died running into the North Tower to try to save and minister to the terrified and the dying. Whether meeting him in these pages for the first time or getting to know him better, readers will encounter in Fr. Judge a figure they will not soon forget.
Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449
Get Book Here
Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Author: Dave Swavely
Publisher: Independently Published
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
The sin of judging and the error of legalism cause many of the interpersonal conflicts we experience as believers. Plaguing many of our Christian institutions, from churches to schools to families, these problems sap our spiritual strength and weaken the work of God in our midst.This helpful book defines judging and legalism in a biblical manner and discusses two often-overlooked biblical commands: do not pass judgment before the time and do not exceed what is written (1 Cor. 4:5-6). Learning to identify and avoid these problems will help promote peace and joy in the body of Christ and release believers to serve God in the freedom of his grace! All Christians have, at one time or another, borne the brunt of inappropriate judging and the burden of legalism and will welcome this book.
Author: Mahmoud Hamad
Publisher: Cambridge University Press
ISBN: 1108425526
Category : Biography & Autobiography
Languages : en
Pages : 337
Get Book Here
Book Description
Discusses why and how the Egyptian judiciary was critically important in bringing down two vastly different regimes in three years.
Author: Jerome Frank
Publisher: Routledge
ISBN: 1351509551
Category : Law
Languages : en
Pages : 494
Get Book Here
Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
