Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
Judging The Judges
Download Judging The Judges full books in PDF, epub, and Kindle. Read online Judging The Judges ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Judging the Judges by : Mary L. Conway
Download or read book Judging the Judges written by Mary L. Conway and published by Eisenbrauns. This book was released on 2019-11-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book of Judges is full of characters of ambivalent moral integrity and acts of dubious propriety, such as Jael's murder of Sisera and the sacrifice of Jephthah's daughter. And yet the terse narrative and the reticent narrator frequently leave the ethical character of these actions in doubt. In order to avoid reading contemporary worldviews and ethics into this ancient text, Mary L. Conway applies a blend of narrative and functional linguistic theories to her analysis of the stories of the six major judges in an effort to more accurately identify the unifying ideological stance of the book. Using an interdisciplinary approach that employs the concepts of narrative perspective alongside appraisal theory, Conway evaluates the judges within their historical context in order to determine whether their actions are normative or aberrant. The lexicogrammatical and ideational evidence produced by this methodology reveals contrasts and trajectories within and across the narratives that, Conway argues, give insight into the character and actions of the Israelites and YHWH and the relationship between the Israelite people and their God. In this trailblazing study, Conway models a new approach to biblical interpretation that lays bare the ethics of the book of Judges. This study will be of interest to biblical studies scholars, in particular Old Testament scholars, as well as seminary students and pastors.
Book Synopsis Judges, Judging and Humour by : Jessica Milner Davis
Download or read book Judges, Judging and Humour written by Jessica Milner Davis and published by Springer. This book was released on 2018-07-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.
Book Synopsis Judging Judges by : Jason E. Whitehead
Download or read book Judging Judges written by Jason E. Whitehead and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "rule of law" stands at the heart of the American legal system. But the rule of law does not require judges slavishly to follow the letter of the law, unaffected by political or social influences. Because following the rule of law absolutely is impossible, it is dismissed by the public as a myth and judges are vilified. Judging Judges refocuses and elevates the debate over judges and the rule of law by showing that personal and professional values matter. Jason E. Whitehead demonstrates that the rule of law depends on a socially constructed attitude of legal obligation that spawns objective rules. Intensive interviews of judges reveal the value systems that uphold or undermine the attitude of legal obligation so central to the rule of law. This focus on the social practices undergirding these value systems demonstrates that the rule of law is ultimately a matter of social trust rather than textual constraints. Whitehead's unique combination of philosophical and empirical investigation is a major advance because it moves beyond the dichotomy of law or politics and shows that the rule of law is a shared social enterprise involving all of society--judges, politicians, scholars, and ordinary citizens alike. Judging Judges' attention to judicial values establishes judges' true worth in a liberal democracy.
Book Synopsis Judges on Judging by : David M. O′Brien
Download or read book Judges on Judging written by David M. O′Brien and published by CQ Press. This book was released on 2016-05-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly revised and updated for this Fifth Edition, Judges on Judging offers insights into the judicial philosophies and political views of those on the bench. Broad in scope, this one-of-a-kind book features "off-the-bench" writings and speeches in which Supreme Court justices, as well as lower federal and state court judges, discuss the judicial process, constitutional interpretation, judicial federalism, and the role of the judiciary. Engaging introductory material provides students with necessary thematic and historical context making this book the perfect supplement to present a nuanced view of the judiciary. "Judges on Judging is consistently rated by my students as their favorite book in my class. No other single volume provides them with such a clear and accessible sense of what judges do, what courts do, and the way judges think about their roles and their courts." —Douglas Edlin, Dickinson College
Book Synopsis Judges and Judging in the History of the Common Law and Civil Law by : Paul Brand
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
Book Synopsis How Judges Judge by : Brian M. Barry
Download or read book How Judges Judge written by Brian M. Barry and published by Taylor & Francis. This book was released on 2020-11-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Book Synopsis Reflections on Judging by : Richard A. Posner
Download or read book Reflections on Judging written by Richard A. Posner and published by Harvard University Press. This book was released on 2013-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Book Synopsis Model Code of Judicial Conduct by : American Bar Association
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Who is to Judge? by : Charles Gardner Geyh
Download or read book Who is to Judge? written by Charles Gardner Geyh and published by Oxford University Press. This book was released on 2019-02-14 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: An elected judiciary is virtually unique to the American experience and creates a paradox in a representative democracy. Elected judges take an oath to uphold the law impartially, which calls upon them to swear off the influence of the very constituencies they must cultivate in order to attain and retain judicial office. This paradox has given rise to perennially shrill and unproductive binary arguments over the merits and demerits of elected and appointed judiciaries, which this project seeks to transcend and reimagine. In Who Is to Judge?, judicial politics expert Charles Gardner Geyh exposes and explains the overstatements of both sides in the judicial selection debate. When those exaggerations are understood as such, it becomes possible to search for common ground and its limits. Ultimately, this search leads Geyh to conclude that, while appointive systems are a preferable default, no one system of selection is best for all jurisdictions at all times.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis Women, Judging and the Judiciary by : Erika Rackley
Download or read book Women, Judging and the Judiciary written by Erika Rackley and published by Routledge. This book was released on 2013 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.
Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis Judging on a Collegial Court by : Virginia A. Hettinger
Download or read book Judging on a Collegial Court written by Virginia A. Hettinger and published by University of Virginia Press. This book was released on 2006 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the behavioral aspects of disagreement within a panel and between the levels of the federal judicial hierarchy, the authors reveal the impact of individual attitudes or preferences on judicial decision-making, and hence on political divisions in the broader society.
Book Synopsis The Most Dangerous Branch by : David A. Kaplan
Download or read book The Most Dangerous Branch written by David A. Kaplan and published by Crown. This book was released on 2018-09-04 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the bestselling tradition of The Nine and The Brethren, The Most Dangerous Branch takes us inside the secret world of the Supreme Court. David A. Kaplan, the former legal affairs editor of Newsweek, shows how the justices subvert the role of the other branches of government—and how we’ve come to accept it at our peril. With the retirement of Justice Anthony Kennedy, the Court has never before been more central in American life. It is the nine justices who too often now decide the controversial issues of our time—from abortion and same-sex marriage, to gun control, campaign finance and voting rights. The Court is so crucial that many voters in 2016 made their choice based on whom they thought their presidential candidate would name to the Court. Donald Trump picked Neil Gorsuch—the key decision of his new administration. Brett Kavanaugh—replacing Kennedy—will be even more important, holding the swing vote over so much social policy. Is that really how democracy is supposed to work? Based on exclusive interviews with the justices and dozens of their law clerks, Kaplan provides fresh details about life behind the scenes at the Court—Clarence Thomas’s simmering rage, Antonin Scalia’s death, Ruth Bader Ginsburg’s celebrity, Breyer Bingo, the petty feuding between Gorsuch and the chief justice, and what John Roberts thinks of his critics. Kaplan presents a sweeping narrative of the justices’ aggrandizement of power over the decades—from Roe v. Wade to Bush v. Gore to Citizens United, to rulings during the 2017-18 term. But the arrogance of the Court isn’t partisan: Conservative and liberal justices alike are guilty of overreach. Challenging conventional wisdom about the Court’s transcendent power, The Most Dangerous Branch is sure to rile both sides of the political aisle.
Book Synopsis Common Law Judging by : Douglas E. Edlin
Download or read book Common Law Judging written by Douglas E. Edlin and published by University of Michigan Press. This book was released on 2016-07-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moving beyond the subjectivity-objectivity debate, Edlin presents a case for intersubjectivity
Book Synopsis The Judge in a Democracy by : Aharon Barak
Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2009-01-10 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Judging Inequality by : James L. Gibson
Download or read book Judging Inequality written by James L. Gibson and published by Russell Sage Foundation. This book was released on 2021-08-31 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social scientists have convincingly documented soaring levels of political, legal, economic, and social inequality in the United States. Missing from this picture of rampant inequality, however, is any attention to the significant role of state law and courts in establishing policies that either ameliorate or exacerbate inequality. In Judging Inequality, political scientists James L. Gibson and Michael J. Nelson demonstrate the influential role of the fifty state supreme courts in shaping the widespread inequalities that define America today, focusing on court-made public policy on issues ranging from educational equity and adequacy to LGBT rights to access to justice to worker’s rights. Drawing on an analysis of an original database of nearly 6,000 decisions made by over 900 judges on 50 state supreme courts over a quarter century, Judging Inequality documents two ways that state high courts have crafted policies relevant to inequality: through substantive policy decisions that fail to advance equality and by rulings favoring more privileged litigants (typically known as “upperdogs”). The authors discover that whether court-sanctioned policies lead to greater or lesser inequality depends on the ideologies of the justices serving on these high benches, the policy preferences of their constituents (the people of their state), and the institutional structures that determine who becomes a judge as well as who decides whether those individuals remain in office. Gibson and Nelson decisively reject the conventional theory that state supreme courts tend to protect underdog litigants from the wrath of majorities. Instead, the authors demonstrate that the ideological compositions of state supreme courts most often mirror the dominant political coalition in their state at a given point in time. As a result, state supreme courts are unlikely to stand as an independent force against the rise of inequality in the United States, instead making decisions compatible with the preferences of political elites already in power. At least at the state high court level, the myth of judicial independence truly is a myth. Judging Inequality offers a comprehensive examination of the powerful role that state supreme courts play in shaping public policies pertinent to inequality. This volume is a landmark contribution to scholarly work on the intersection of American jurisprudence and inequality, one that essentially rewrites the “conventional wisdom” on the role of courts in America’s democracy.
