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Judges, Judging and Humour
by Jessica Milner Davis Sharyn Roach AnleuThis book examines social aspects of humour relating to the judiciary, judicial behaviour, and judicial work across different cultures and eras, identifying how traditionally recorded wit and humorous portrayals of judges reflect social attitudes to the judiciary over time. It contributes to cultural studies and social science/socio-legal studies of both humour and the role of emotions in the judiciary and in judging. It explores the surprisingly varied intersections between humour and the judiciary in several legal systems: judges as the target of humour; legal decisions regulating humour; the use of humour to manage aspects of judicial work and courtroom procedure; and judicial/legal figures and customs featuring in comic and satiric entertainment through the ages.Delving into the multi-layered connections between the seriousness of the work of the judiciary on the one hand, and the lightness of humour on the other hand, this fascinating collection will be of particular interest to scholars of the legal system, the criminal justice system, humour studies, and cultural studies.
Judgment and Sachverhalt: An Introduction to Adolf Reinach’s Phenomenological Realism (Phaenomenologica #132)
by J.M. DuboisAdolf Reinach was one of the leading figures of the Munich and Göttingen circles of phenomenology, and Husserl's first real co-worker. Although his writings are highly original and remarkably clear, Reinach's tragic death in the First World War prevented him from formulating a definitive statement of his phenomenology, leaving his name virtually unknown to all but a small circle. In his ground-breaking study, Judgment and Sachverhalt, DuBois shows how Reinach succeeds in developing a realist ontology and epistemology based on rigorous argumentation and phenomenological elucidation. Drawing from numerous texts and the developments of Reinach's students and colleagues - Roman Ingarden, Alexander Pfänder and Dietrich von Hildebrand above all - DuBois presents, refines and defends Reinach's `phenomenological realism'. Confrontations of Reinach's theories of states of affairs, concepts and speech acts with the work of contemporary authors like Chisholm and Searle allow readers to evaluate Reinach's philosophy, not only in the light of the later developments of Husserl, but also in the light of certain Anglo-American developments.
Judgments of Love in Criminal Justice
by Farhad MalekianThis volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century.A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
Judicial Activism and the Democratic Rule of Law: Selected Case Studies
by Sonja C. GroverIn this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
The Judicial Application of Law (Law and Philosophy Library #15)
by Jerzy WróblewskiThis is the English version of Jerzy Wroblewski's major work in Polish, S~dowe Stosowania Prawa (translated in his own preferred terms as 'The Judicial Application of Law'). The present translation arose out of a visit by the author to Scotland in 1989. In that year, the Carnegie Trust for the Universities of Scotland made it possible for Jerzy Wroblewski to spend six months as a Carnegie Fellow in the Centre for Criminology and the Social and Philosophical Study of Law at the University of Edinburgh. During that time he took a notably active part in the intellectual life of the Centre and the Faculty of Law. He gave freely of his time in teaching and advising students and also produced a series of original articles on topics connected with legal reasoning and law and computers. His major task while he was here, however, was to prepare a translation of S~dowe Stosowania Prawa, and this he accomplished to the extent of completing a preliminary draft. Zenon Bankowski and Neil MacCormick were to help him in improving this linguistically and preparing the final text for publication. Wroblewski warned us, having finished his draft with great labour, that the greater labour would be in the polishing of it. For we would have, as he joked, 'to translate my English into English'. And certainly, we found it extremely time-consuming, so as to defy completion during his stay in Edinburgh.
Judicial Applications of Artificial Intelligence
by Giovanni SartorThe judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Judicial Decision-Making: Integrating Empirical and Theoretical Perspectives (Economic Analysis of Law in European Legal Scholarship #14)
by Piotr Bystranowski Bartosz Janik Maciej PróchnickiThis book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning.
The Judicial Function: Fundamental Principles of Contemporary Judging
by Joe McIntyreJudicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.
Judicial Governance and Democracy in Europe (SpringerBriefs in Law)
by Pablo Castillo-OrtizThis is an Open Access book.Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.
Judicial Responses to Climate Change in the Global South: A Jurisdictional and Thematic Review (Living Signs of Law #2)
by Shuma Talukdar Valéria Emília de AquinoThis book explores how judiciaries in different parts of the world are responding to climate change and how climate change intersects with the law. It offers feminist approaches to the judicial responses to climate change in the Global South, providing both jurisdictional and thematic reviews. Climate change is one of the most pressing global issues facing humankind, and is currently reshaping geopolitics, governance, law, and international relations around the world.The book’s originality lies in its endeavour to highlight judicial perspectives on climate change from prominent female researchers who have been working on this subject professionally and/or academically, bringing both regional and international views to the subject. The main objective is to give a new meaning to the study of climate change by bringing together the most recent aspects, including climate litigation, eco-constitutionalism and the environmental rule of law, climate and environmental justice, climate geopolitics and climate governance.The book will be of interest to students, academics, and scholars of climate law and environmental law around the world.
Judicial Review and Judicial Power in the Supreme Court: The Supreme Court in American Society
by Kermit L. HallAvailable as a single volume or as part of the 10 volume set Supreme Court in American Society
Judicial Review and Judicial Power in the Supreme Court: The Supreme Court in American Society (The\supreme Court In American Society Ser. #Vol. 4)
by Kermit L. HallAvailable as a single volume or as part of the 10 volume set Supreme Court in American Society
Judicial Review in the Commonwealth Caribbean
by Rajendra RamloganThe establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Cari
Judicial Review in the Commonwealth Caribbean (Commonwealth Caribbean Law Ser.)
by Rajendra RamloganThe establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Cari
Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa (Ius Gentium: Comparative Perspectives on Law and Justice #5)
by Gerhard van der SchyffConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
Judicial Transparency in China: Theory and Realization Path
by Yiming Wang He TianBased on the Judicial Transparency Index Assessment (2019 and 2020) conducted in China by the Institute of Law of the Chinese Academy of Social Sciences, this book summarizes and analyzes the current situation of judicial openness in China, using a sample of 218 courts across the country for the study. The book analyzes the ideological and institutional origins of judicial openness and examines the operation of judicial openness through the practical experience of role replacement. By analyzing evaluation data in the fields of audit information disclosure, trial information disclosure, judicial enforcement data disclosure, and judicial reform data disclosure, the book points out that the current judicial disclosure has made significant progress, but there are still problems such as unclear disclosure standards, insufficient rigidity in disclosure requirements, and the scope of disclosure still needs to be expanded. The book recommends accelerating the disclosure of judicial legislation, public standards, and strengthening assessment and accountability.
Julia Kristeva: Readings of Exile and Estrangement
by A. SmithLiterature can have a disturbing effect on its readers. It unsettles our hold on everyday experience and makes us strangers and exiles. Anna Smith argues that this is the side of literature which attracts critic and psychoanalyst Julia Kristeva. Kristeva is drawn to states of extremity where language and the psyche are under duress, and in this book Smith examines the way the alchemical properties of words may transform these extremities into what Kristeva calls 'a fire of tongues, an exit from representation'.
Jungle Survival (Air Ministry Survival Guide)
by A.M. Pamphlet 224THE ULTIMATE SURVIVAL GUIDE for anyone who thinks they'd survive the world's most hostile environments - or at least imagine they could do.-----------------------------First issued to airmen in the 1950s, the Air Ministry's Sea Survival guide includes original and authentic emergency advice to crew operating over the ocean. With original illustrations and text, these survival guides provide an insight to military survival techniques from a by-gone era.Packed with original line drawings and instruction in:- What to do if 'jungle hiking becomes boring'- How to stay safe from poisonous reptiles and insects- The benefits of using a 'fire thong'Focussing on one of the most hostile environments on Earth, Jungle Survival is one of four reprints of The Air Ministry's emergency survival pamphlets. Others include:Sea SurvivalDesert SurvivalArctic Survival
The Juridical Act: A Study of the Theoretical Concept of an Act that aims to create new Legal Facts (Law and Philosophy Library #129)
by H. D. van der KaaijThis book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws.The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts.Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.
Juridical Perspectives between Islam and the West: A Tale of Two Worlds (Global Issues)
by Federico Lorenzo RamaioliThis comparative philosophy of law book aims at formulating a new analytical approach to the Islamic legal tradition based on ‘juridical categories’, a concept that facilitates comprehension and understanding of juridical phenomena. Building upon legal comparativism and legal pluralism, this project intends to avoid bias caused by universalizing Western categories when analyzing foreign juridical notions, which inevitably results in the miscomprehension of non-Western ideas and institutions. Unlike existing literature, this project will not focus on substantive comparisons between normative contents, but on the ‘juridical perspectives’ that helped to shape the Islamic and Western legal orders.The book focuses on the most relevant juridical questions regarding the Islamic and Western legal perspectives, such as the different visions regarding juridical spatiality, the role of human reason and the relationship between law, man and the divinity. While contributing to legal philosophy, this work intends also to develop and define a new interdisciplinary approach, aiming to provide a starting point for novel analyses in research fields such as legal comparativism, legal pluralism, and constitutional law. Finally, by formulating a new interdisciplinary approach, it will provide a foundational discussion of a continuously evolving subject that will never be exhaustively explored. As such, it aims at broadening scholarly reflections on the relationship between the West and Islam, eventually placing these concepts within a suitably comprehensive and contextualized framework. "Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Jurisprudence and Theology: In Late Ancient and Medieval Jewish Thought (Studies in the History of Law and Justice #2)
by Joseph E. DavidThe book provides in depth studies of two epistemological aspects of Jewish Law (Halakhah) as the ‘Word of God’ – the question of legal reasoning and the problem of knowing and remembering.- How different are the epistemological concerns of religious-law in comparison to other legal systems?- In what ways are jurisprudential attitudes prescribed and dependent on theological presumptions?- What specifies legal reasoning and legal knowledge in a religious framework?The author outlines the rabbinic jurisprudential thought rooted in Talmudic literature which underwent systemization and enhancement by the Babylonian Geonim and the Andalusian Rabbis up until the twelfth century. The book develops a synoptic view on the growth of rabbinic legal thought against the background of Christian theological motifs on the one hand and Karaite and Islamic systemized jurisprudence on the other hand. It advances a perspective of legal-theology that combines analysis of jurisprudential reflections and theological views within a broad historical and intellectual framework.The book advocates two approaches to the study of the legal history of the Halakhah: comparative jurisprudence and legal-theology, based on the understanding that jurisprudence and theology are indispensable and inseparable pillars of legal praxis.
The Jurisprudence of Police: Toward a General Unified Theory of Law
by T. SvogunThis unique volume develops a new philosophy of law and a new theory of law enforcement. The concepts developed provide the basis for a general unified theory of law that reconciles what legislators and judges do, with what police do to resolve important questions in the field and make public policy recommendations.
Juristic Concept of the Validity of Statutory Law: A Critique of Contemporary Legal Nonpositivism
by Andrzej GrabowskiThis book presents the theory of the validity of legal norms, aimed at the practice of law, in particular the jurisdiction of the constitutional courts. The postpositivist concept of the validity of statutory law, grounded on a critical analysis of the basic theories of legal validity elaborated up to now, is introduced. In the first part of the book a contemporary German nonpositivist conception of law developed by Ralf Dreier and Robert Alexy is analysed in order to answer the question whether the juristic concept of legal validity should include moral standards or criteria. In the second part, a postpositivist concept of legal validity and an innovative model of validity discourse, based on the juristic presumption of the validity of legal norms, are proposed. The book is a work on analytical legal theory, written from a postpositivist, detached point of view.
Just Be You: Inspirational Quotes and Awesome Affirmations for Staying True to Yourself
by Summersdale PublishersTake courage and comfort from the uplifting quotations and powerful affirmations in this pocket-sized collection of unbeatable confidenceThere’s nobody quite like you. Your passions and possibilities are limitless, even when the world tries to get you down. This little book, packed full of empowering quotes and valuable reminders, is the perfect companion on your journey to greater happiness and stronger self-belief.From the timeless ideas of ancient sages to sound advice from modern superstars, these are words to get you feeling great and thinking big.As well as the hard-won wisdom of successful writers, artists and thinkers, this book includes a host of uplifting mantras and daily reminders such as:You don’t have to be perfect to be wonderfulEverything you need – your courage, strength, compassion and love – is already within youYou’re only confined by the walls you build yourselfDon’t just be good to others – be good to yourself tooYou are at your most powerful when you don’t seek the approval of others
Just Draw!: A Creative Step-by-Step Guide for Artists
by Susie HodgeWhat's stopping you from drawing? Just Draw! A Step-by-Step Guide for Artists offers a simple and effective way to get going and learn to draw in a wide variety of genres.Divided into two sections and offering plenty of space for practice, you can develop your skills in the first section, learning how to plan a drawing with just lines, consider perspective and volume, and how to create different effects.The second section contains 11 step-by-step projects to complete, including landscapes, still-lifes, and animals. Starting from the simplest outline, you'll learn how to create shape and form and add finer features to quickly create an impressively detailed drawing.