Format:
1 Online-Ressource (xiv, 321 pages)
Edition:
Online-Ausg.
ISBN:
0472116622
,
0472022954
,
9780472116621
,
9780472022953
Content:
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
Content:
The common law -- The source-based argument for the judicial obligation to apply the law -- The conceptual argument for the judicial obligation to apply the law -- The source-based argument for the judicial obligation to develop the law : part I (England) -- The source-based argument for the judicial obligation to develop the law : part II (United States) -- The conceptual argument for the judicial obligation to develop the law -- Common law review -- Common law review in two common law systems
Note:
Includes bibliographical references (pages 283-299) and index
Additional Edition:
Erscheint auch als Druck-Ausgabe Edlin, Douglas E Judges and unjust laws Ann Arbor : University of Michigan Press, ©2008
Language:
English
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