Judges and Unjust Laws

Released on by Douglas E. Edlin
preview-18

  • Judges and Unjust Laws Book Detail

  • Author : Douglas E. Edlin
  • Release Date : 2010-07-22
  • Publisher : University of Michigan Press
  • Genre : Law
  • Pages : 336
  • ISBN 13 : 0472034154
  • File Size : 94,94 MB
DOWNLOAD BOOK

Judges and Unjust Laws by Douglas E. Edlin PDF Summary

Book Description: "With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition "Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law "Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power." ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College.

Disclaimer: www.yourbookbest.com does not own Judges and Unjust Laws books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Judges and Unjust Laws

Judges and Unjust Laws

File Size : 92,92 MB
Total View : 944 Views
DOWNLOAD

"With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageo

The People Vs. the State

The People Vs. the State

File Size : 42,42 MB
Total View : 1452 Views
DOWNLOAD

Good people refuse to enforce bad laws, but how do you force change in the justice system? How do the people peacefully take power back from an overreaching gov

Limits of Legality

Limits of Legality

File Size : 53,53 MB
Total View : 7620 Views
DOWNLOAD

Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that

Justice Accused

Justice Accused

File Size : 5,5 MB
Total View : 9712 Views
DOWNLOAD

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 prob