The Business of Judging - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Business of Judging write by Tom Bingham. This book was released on 2000-08-03. The Business of Judging available in PDF, EPUB and Kindle. Tom Bingham (1933-2010) was the 'greatest judge of our time' (The Guardian), a towering figure in modern British public life who championed the rule of law and human rights inside and outside the courtroom. The Business of Judging collects Bingham's most important writings during his period in judicial office before the House of Lords. The papers collected here offer Bingham's views on a wide range of issues, ranging from the ethics of judging to the role of law in a diverse society. They include his reflections on the main contours of English public and criminal law, and his early work on the incorporation of the European Convention on Human Rights and reforming the constitution. Written in the accessible style that made The Rule of Law (2010) a popular success, the book will be essential reading for all those working in law, and an engaging inroad to understanding the role of the law and courts in public life for the general reader.
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
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 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook 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 write by The late Tom Bingham. This book was released on 2011. 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 available in PDF, EPUB and Kindle. Collecting the most important writings of Tom Bingham during his time in judicial office before the House of Lords, The Business of Judging is written for anyone with an interest in public affairs. It offers an absorbing account of the law and the courts in public life, presenting Bingham's reflections on the judicial role and the common law.
Reflections on Judging
Reflections on Judging - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reflections on Judging write by Richard A. Posner. This book was released on 2013-10-07. Reflections on Judging available in PDF, EPUB and Kindle. 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.
Judges and Judging in the History of the Common Law and Civil Law
Judges and Judging in the History of the Common Law and Civil Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judges and Judging in the History of the Common Law and Civil Law write by Paul Brand. This book was released on 2012-01-12. Judges and Judging in the History of the Common Law and Civil Law available in PDF, EPUB and Kindle. 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.
How Judges Think
How Judges Think - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook How Judges Think write by Richard A. Posner. This book was released on 2010-05-01. How Judges Think available in PDF, EPUB and Kindle. 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.
