Valiant Judges, Iniquitous Law

ISBN-13: 9781032497600 / Miękka / 2023 / 208 str.

Hans Petter Graver

Opis

This book is about heroes of law. It provides examples of when judges have exercised courage, moderation, wisdom, and justice rather than blindly following the law. It also discusses the contentious issue of whether a judge has a moral responsibility to defend the rule of law, regardless of what the law actually states.

Recenzje

`In times of authoritarian resurgence, Graver’s inspiring profiles of judicial courage could not be more timely and consequential. An eminent scholar on judiciaries, Graver elevates the ideal of legal heroism in times of terror, war and repression. Gracefully and persuasively written, this superb volume should not only be mandatory reading for every course anywhere in legal ethics but also for thoughtful citizens who seek gripping prose that enlivens and uplifts.’

Terence Halliday, American Bar Foundation and Australian National University

'When should a judge defend law against attacks by those in power? And when should a judge stand up against evil or oppressive laws? Valiant Judges, Iniquitous Law: Thirteen Stories of Heroes of the Law illuminates these profound challenges with historical examples ranging across centuries and continents. As authoritarian regimes currently threaten judicial independence in fragile democracies, this vital work unleashes critical awareness, conscience, and courage.'

Martha Minow, 300th Anniversary University Professor, Harvard Law School

'This book by a famous Norwegian researcher and jurist, former dean of the University of Oslo Law School is worth special attention. Telling the life stories of his heroes, the author, among other things, analyses issues such as the right against the law and in the struggle for the law, natural law and legal positivism, minimum moral requirements for the law, the difference between the rule of law and the legal order, whether the ethics of the judge's virtues is conservative, etc.. The author notes that 'Authoritarian rulers learn from each other, cynically exploiting the gaps in the rule of law that democratic and liberal countries sometimes leave in an attempt to serve a good cause. That is why attacks on the rule of law must not go unanswered, particularly when they occur on our territory'.'

Hanna Vronska, Justice of the Supreme Court of Ukraine; Endorsement of Ukrainian translation

'The author's considerations about the virtues that should be inherent in judges, as well as about who should be responsible for the morality of laws, deserve special attention… In my opinion, every judge when putting on the robe should understand that from time to time he may be faced with a difficult choice between justice, the rule of law and the expectations of, say, the authorities or even society, which are not based on these principles.'

Valentyna Danishevska, Chief Justice of the Supreme Court of Ukraine 2017–2021; Endorsement of Ukrainian translation

Spis treści

Preface;  Introduction;  1. The Importance of being a hero;  2. Mandrup Pedersen Schønnebøl – The Judge Who Ended Witch-Burning;  3. James Edwin Horton: The Scottsboro Judge;  4. Lothar Kreyssig: The Judge with a Conscience;  5. The Norwegian Supreme Court: Against German Bayonets;  6. Hans Langeland: The Judge Who Hailed the King;  7. Hans Georg Calmeyer: Hitler’s disobedient bureaucrat;  8. Andreas Cervin: A Hero of the Sea;  9. Egil Reichborn-Kjennerud: The Villain Who Was a Hero;  10. Herbert Jay Stern: An American in Berlin;  11. Aharon Barak: A Hero on the Battlefield;  12. Iris Yasmin Barrios: The Judge Who Tries Military Dictators;  13. Malgorzata Gersdorf: The Battle over the Courts in Poland;  14. An Aunt from Gilead, A Legal Hero from the World of Fiction;  15. Judging against the law?  16. The Virtuous Judge?

O autorze

Hans Petter Graver is Professor of Law, Department of Private Law, University of Oslo, Norway. He has published widely in the areas of Sociology of Law, Legal Theory and Administrative Law.