Laughing at the Gods: Great Judges and How They Made the Common Law

ISBN-13: 9781107017269 / Angielski / Twarda / 2012 / 328 str.

Allan C. Hutchinson

Opis

Any effort to understand how law works has to take seriously its main players judges. Like any performance, judging should be evaluated by reference to those who are its best exponents. Not surprisingly, the debate about what makes a 'great judge' is as heated and inconclusive as the debate about the purpose and nature of law itself. History shows that those who are generally considered to be candidates for a judicial hall of fame are game changers who oblige us to rethink what it is to be a good judge. So the best of judges must tread a thin line between modesty and hubris; they must be neither mere umpires nor demigods. The eight judges showcased in this book demonstrate that, if the test of good judging is not about getting it right, but doing it well, then the measure of great judging is about setting new standards for what counts as judging well."

Recenzje

'A fascinating book, as much about the nature of greatness as about what makes for a great judge. Maverick and stubborn, greatness seems to lie also in the ability to make the innovative and previously unforeseen solutions seem absolute common sense. A persuasive account of eight great judges, providing food for thought about their legacies.' Rebecca Huxley-Binns, The Times Higher Education Supplement

Spis treści

1. Introduction; 2. Lord Mansfield; 3. John Marshall; 4. Oliver Wendell Holmes, Jr; 5. James Atkin; 6. Tom Denning; 7. Thurgood Marshall; 8. Bertha Wilson; 9. Albie Sachs; 10. Conclusion.