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Download How Judges Judge PDF
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Publisher : Taylor & Francis
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ISBN 10 : 9780429659935
Pages : 296 pages
Rating : 4.4/5 (296 users)
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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 296 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.

Download Women  Judging and the Judiciary PDF
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Publisher : Routledge
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ISBN 10 : 9780415548618
Pages : 226 pages
Rating : 4.4/5 (155 users)
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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 226 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.

Download How Judges Think PDF
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Publisher : Harvard University Press
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ISBN 10 : 9780674504073
Pages : 397 pages
Rating : 4.6/5 (745 users)
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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 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases.

Download The Judge in a Democracy PDF
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Publisher : Princeton University Press
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ISBN 10 : 069112017X
Pages : 332 pages
Rating : 4.1/5 (21 users)
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Download or read book The Judge in a Democracy written by Aharon Barak and published by Princeton University Press. This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Download Judges  Judging and Humour PDF
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Publisher : Springer
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ISBN 10 : 9783319767383
Pages : 335 pages
Rating : 4.3/5 (197 users)
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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 335 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.

Download The Responsive Judge PDF
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Publisher : Springer
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ISBN 10 : 9789811310232
Pages : 339 pages
Rating : 4.8/5 (113 users)
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Download or read book The Responsive Judge written by Tania Sourdin and published by Springer. This book was released on 2018-07-06 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.

Download The Dynamics of Judicial Independence PDF
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Publisher : Springer
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ISBN 10 : 9783319498843
Pages : 251 pages
Rating : 4.3/5 (194 users)
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Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Download Judges  Technology and Artificial Intelligence PDF
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Publisher : Edward Elgar Publishing
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ISBN 10 : 9781788978262
Pages : 320 pages
Rating : 4.7/5 (889 users)
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Download or read book Judges Technology and Artificial Intelligence written by Tania Sourdin and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: New and emerging technologies are reshaping justice systems and transforming the role of judges. The impacts vary according to how structural reforms take place and how courts adapt case management processes, online dispute resolution systems and justice apps. Significant shifts are also occurring with the development of more sophisticated forms of Artificial Intelligence that can support judicial work or even replace judges. These developments, together with shifts towards online court processes are explored in Judges, Technology and Artificial Intelligence.

Download A Judge s Miscellany PDF
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Publisher :
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ISBN 10 : UCAL:B3493358
Pages : pages
Rating : 4.:/5 (34 users)
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Download or read book A Judge s Miscellany written by Mohammed Hidayatullah and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Judicial Administration in Japan PDF
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Publisher :
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ISBN 10 : OCLC:42069872
Pages : 74 pages
Rating : 4.:/5 (42 users)
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Download or read book Judicial Administration in Japan written by Takeo Hayakawa and published by . This book was released on 1983* with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Judicial Decision Making in a Globalised World PDF
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Publisher : A&C Black
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ISBN 10 : 9781782253648
Pages : 290 pages
Rating : 4.7/5 (822 users)
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Download or read book Judicial Decision Making in a Globalised World written by Elaine Mak and published by A&C Black. This book was released on 2014-07-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do judges study legal sources that originated outside their own national legal system, and how do they use arguments from these sources in deciding domestic cases? Based on interviews with judges, this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom, Canada, the United States, France and the Netherlands. A comparative analysis of the views and experiences of the judges clarifies how the decision-making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication. While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of 'globalist' and 'localist' approaches to judging, the author also finds suggestions of a convergence of practices between the courts that are the subject of this study. This empirical analysis is complemented by a constitutional-theoretical inquiry into the procedural and substantive factors of legal evolution, which enable or constrain the development and possible convergence of highest courts' practices. The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts.

Download Judging the Judges PDF
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Publisher : Gyan Publishing House
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ISBN 10 : 8121206065
Pages : 224 pages
Rating : 4.2/5 (6 users)
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Download or read book Judging the Judges written by K. Mahesh and published by Gyan Publishing House. This book was released on 1999 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reference to Indian judiciary.

Download Judicial Independence PDF
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Publisher : Springer
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ISBN 10 : 3030023079
Pages : 520 pages
Rating : 4.0/5 (23 users)
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Download or read book Judicial Independence written by Carl Baudenbacher and published by Springer. This book was released on 2019-02-15 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Download Part I  The Business of Judging  The Judge as Juror  The Judicial Determination of Factual Issues  The Judge as Lawmaker  An English Perspective  The Discretion of the Judge  Part II  Judges in Society  Judicial Independence  Judicial Ethics  Part III  The Wider World   There is a World Elsewhere   The Changing Perspectives of English Law  Law in a Pluralist Society  Speech on the Jubilee of the Supreme Court of India  Part IV  Human Rights  The European Convention on Human Rights  Time to Incorporate  Opinion  Should there be a Law to Protect Rights of Personal Privacy   The Way We Live Now  Human Rights in the New Millennium  Tort and Human Rights  Part V  Public Law  Should Public Law Remedies be Discretionary   The Old Despotism  Mr Perlzweig  Mr Liversidge  and Lord Atkin  Part VI  The Constitution  The Courts and the Constitution  Anglo American Reflections  Part VII  The English Criminal Trial  The English Criminal Trial  The Credits and the Debits  Justice and Injustice  Silence is Golden   or is it   A Criminal Code  Must We Wait for Ever   Part VIII  Crime and Punishment  The Sentence of the Court  Justice for the Young  The Mandatory Life Sentence for Murder  Speech on the Second Reading of the Crime  Sentences  Bill  Part IX  Miscellaneous  Address to the Centenary Conference of the Bar  Who Then in Law is my Neighbour   The Future of the Common Law  Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre  Address at the Service of Thanksgiving for Rt Hon Lord Denning OM PDF
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Publisher : Oxford University Press, USA
Release Date :
ISBN 10 : 9780199693351
Pages : 452 pages
Rating : 4.1/5 (996 users)
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Download or read book Part I The Business of Judging The Judge as Juror The Judicial Determination of Factual Issues The Judge as Lawmaker An English Perspective The Discretion of the Judge Part II Judges in Society Judicial Independence Judicial Ethics Part III The Wider World There is a World Elsewhere The Changing Perspectives of English Law Law in a Pluralist Society Speech on the Jubilee of the Supreme Court of India Part IV Human Rights The European Convention on Human Rights Time to Incorporate Opinion Should there be a Law to Protect Rights of Personal Privacy The Way We Live Now Human Rights in the New Millennium Tort and Human Rights Part V Public Law Should Public Law Remedies be Discretionary The Old Despotism Mr Perlzweig Mr Liversidge and Lord Atkin Part VI The Constitution The Courts and the Constitution Anglo American Reflections Part VII The English Criminal Trial The English Criminal Trial The Credits and the Debits Justice and Injustice Silence is Golden or is it A Criminal Code Must We Wait for Ever Part VIII Crime and Punishment The Sentence of the Court Justice for the Young The Mandatory Life Sentence for Murder Speech on the Second Reading of the Crime Sentences Bill Part IX Miscellaneous Address to the Centenary Conference of the Bar Who Then in Law is my Neighbour The Future of the Common Law Lecture at Toynbee Hall on the Centenary of its Legal Advice Centre Address at the Service of Thanksgiving for Rt Hon Lord Denning OM written by Tom Bingham and published by Oxford University Press, USA. This book was released on 2011 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Business of Judging collects the most important writings of Tom Bingham during his time in judicial office before the House of Lords. Written for anyone with an interest in public affairs, the book offers an absorbing account of the law and the courts in public life, offering Bingham's reflections on the judicial role and the common law.

Download Judging in Good Faith PDF
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Publisher : Cambridge University Press
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ISBN 10 : 0521477409
Pages : 292 pages
Rating : 4.4/5 (774 users)
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Download or read book Judging in Good Faith written by Steven J. Burton and published by Cambridge University Press. This book was released on 1994-11-25 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.

Download Judges PDF
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Publisher : Notion Press
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ISBN 10 : 9781648288661
Pages : 362 pages
Rating : 4.6/5 (482 users)
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Download or read book Judges written by Oagile Bethuel Key Dingake and published by Notion Press. This book was released on 2020-03-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United Nations Human Rights Commission (UNHRC) endorsed the above principles, considered amongst common and civil law jurisdictions as the authoritative statement on the values that should inform judicial conduct. Judges must be independent and impartial. Independence means a judge should not take any instructions from anyone or be influenced in any way in determining any matter by anyone. Impartiality means that a judge should treat the parties before him equally, providing them with equal opportunity to say their side of the story. He should have no personal interest in the outcome of the case. Every judge is a product of his time. It is through this prism that his objectivity must be assessed and critiqued. The purpose of objectivity is to be dispassionate. This objectivity is not always easy, but it is attainable. Similarly, the primary function of a judge is to dispense justice. It has always been a revered principle of liberty and freedom that judges are no respecters of persons but the Law, ever vigilant to ensure that any governmental action is justified. Today’s judge is required to give effect to the values of a pluralistic society that cherishes democracy, human rights, tolerance and diversity. This book exemplifies these values.

Download Human Rights  a Judge s Miscellany PDF
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Publisher :
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ISBN 10 : UOM:39015037822031
Pages : 260 pages
Rating : 4.3/5 (91 users)
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Download or read book Human Rights a Judge s Miscellany written by V. R. Krishna Iyer and published by . This book was released on 1995 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: