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Judging in Good Faith

by

Judging in Good Faith Cover

 

Synopses & Reviews

Publisher Comments:

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.

Synopsis:

Offering an original theory of adjudication based on the ethics of judging in courts of law, this book presents two main theses to oppose conservative theories restricting the scope of adjudication as well as leftist critical theories liberating judges from the rule of law.

Synopsis:

This book offers an original theory of adjudication focused on the ethics of judging in courts of law.

Table of Contents

Part I: The Good Faith Thesis: 1. Stubborn indeterminacy; 2. The good faith thesis; 3. An illustrative case and first objections; Part II. The Permissible Discretion Thesis: 4. Science and skepticism. 5. Critical claims; 6. Philosophies of law; Part III. Law, Morals and Politics: 7. Legal and moral duties; 8. The politics of good faith; Index.

Product Details

ISBN:
9780521477406
Editor:
Postema, Gerald
Editor:
Coleman, Jules
Editor:
Coleman, Jules L.
Editor:
Postema, Gerald
Editor:
Coleman, Jules
Author:
Burton, Steven J.
Author:
Postema, Gerald
Author:
Steven J., Burton
Publisher:
Cambridge University Press
Location:
New York
Subject:
Modern
Subject:
Natural Law
Subject:
Jurisprudence
Subject:
Law
Subject:
Judicial process
Subject:
Law -- Philosophy.
Subject:
Judicial process -- Moral and ethical aspects.
Subject:
History & Surveys - Modern
Subject:
General Philosophy
Subject:
Philosophy : General
Subject:
Political
Edition Description:
Trade paper
Series:
Cambridge studies in philosophy and law
Series Volume:
94-1
Publication Date:
20041131
Binding:
TRADE PAPER
Grade Level:
College/higher education:
Language:
English
Pages:
292
Dimensions:
8.92x5.87x.79 in. .90 lbs.

Related Subjects

Health and Self-Help » Health and Medicine » Medical Specialties
History and Social Science » Law » General
History and Social Science » Law » Legal Guides and Reference
History and Social Science » Politics » General
Humanities » Philosophy » General
Science and Mathematics » Physics » Acoustics

Judging in Good Faith New Trade Paper
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Product details 292 pages Cambridge University Press - English 9780521477406 Reviews:
"Synopsis" by , Offering an original theory of adjudication based on the ethics of judging in courts of law, this book presents two main theses to oppose conservative theories restricting the scope of adjudication as well as leftist critical theories liberating judges from the rule of law.
"Synopsis" by , This book offers an original theory of adjudication focused on the ethics of judging in courts of law.
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