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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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Judging in Good Faith (Paperback, Revised)
Loot Price: R961
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Judging in Good Faith (Paperback, Revised)
Series: Cambridge Studies in Philosophy and Law
Expected to ship within 10 - 15 working days
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This book is concerned with the ethics of judging in courts of law.
Professor Burton analyzes the grounds, content, and force of a
judge's legal and moral duties to uphold the law. He defends two
primary theses. The first is the good faith thesis, whereby judges
are bound in law to uphold the law, even when they have discretion,
by acting only on reasons warranted by the conventional law as
grounds for judical decisions. The good faith thesis counters the
common view that judges are not bound by the law when they exercise
discretion. The second is the permissible discretion thesis,
whereby, when exercised in good faith, judicial discretion is
compatible with the legitimacy of adjudication in a constitutional
democracy under the Rule of Law. The permissible discretion thesis
counters the view that judges can fulfill their duty to uphold the
law only when the law yields determinate results. Together, these
two theses provide an original and powerful theory of adjudication
in sharp contrast both to conservative theories that would restrict
the scope of adjudication unduly, and to leftist critical theories
that would liberate judges from the Rule of Law.
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