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  • Art of Judging

    Volume 8

    de James. E Bond ...
    The single most important issue in American constitutional law is the role the Supreme Court should play in interpretation of the constitution. This issue has been a source of controversy since at least 1803, when Chief Justice John Marshall proclaimed that the Supreme Court could declare acts of Congress unconstitutional. But public attention has been refocused by the recent debate between ... Leer más

    $32.99 USD

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  • Reflections on Judging

    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. ... Leer más

    $30.99 USD

  • Law, Justice, Democracy, and the Clash of Cultures

    A Pluralist Account

    The Cold War ideological battle with universal aspirations has given way to a clash of cultures as the world concurrently moves toward globalization of economies and communications and balkanization through a clash of ethnic and cultural identities. Traditional liberal theory has confronted daunting challenges in coping with these changes and with recent developments such as the spread of ... Leer más

    $28.99 USD

  • Legal Architecture

    Justice, Due Process and the Place of Law

    de Linda Mulcahy ...
    Legal Architecture addresses how the environment of the trial can be seen as a physical expression of our relationship with ideals of justice. It provides an alternative account of the trial, which charts the troubled history of notions of due process and participation. In contrast to visions of judicial space as neutral, Linda Mulcahy argues that understanding the factors that determine the ... Leer más

    $68.99 USD

  • The Metaethics of Constitutional Adjudication

    Series series Oxford Constitutional Theory
    In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the ... Leer más

    $97.99 USD

  • Kadi on Trial

    A Multifaceted Analysis of the Kadi Trial

    Series series Routledge Research in EU Law
    Thejudgment of the European Court of Justice concerning the Kadi case has raised substantive and procedural issues that have caught the attention of scholars from many disciplines including EU law, constitutional law, international law and jurisprudence. This book offers a comprehensive view of the Kadi case, and explores specific issues that are anticipated to resonate beyond the immediate case ... Leer más

    $45.99 USD

  • The Culturalization of Human Rights Law

    The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of ... Leer más

    $120.99 USD

  • Courts in Conflict

    Interpreting the Layers of Justice in Post-Genocide Rwanda

    de Nicola Palmer ...
    The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations ... Leer más

    $41.99 USD

  • The Legal Order of the European Union

    The Institutional Role of the Court of Justice

    Series series Routledge Research in EU Law
    The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values ... Leer más

    $68.99 USD

  • The United States Supreme Court's Assault on the Constitution, Democracy, and the Rule of Law

    Series series Controversies in American Constitutional Law
    This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court’s decision-making process by eschewing ideology and ... Leer más

    $77.99 USD

  • The Persistent Objector Rule in International Law

    The persistent objector rule is said to provide states with an 'escape hatch' from the otherwise universal binding force of customary international law. It provides that if a state persistently objects to a newly emerging norm of customary international law during the formation of that norm, then the objecting state is exempt from the norm once it crystallises into law. The conceptual role of the ... Leer más

    $30.59 USD

  • Burden of Proof, Presumption and Argumentation

    The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of ... Leer más

    $28.99 USD