Title
Limits of Legality: The Ethics of Lawless Judging,New
Delivery time: 8-12 business days (International)
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers.Combining ethical theory with discussions of caselaw, Jeffrey BrandBallard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. BrandBallard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agentneutral framework, rather than the agentrelative framework favored by many moral philosophers. Defying the conventional wisdom, BrandBallard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy.Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
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To facilitate a smooth return process, a Return Authorization (RA) Number is required for all returns. Returns without a valid RA number will be declined and may incur additional fees. You can request an RA number within 15 days of the original delivery date. For more details, please refer to our Return & Refund Policy page.
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Warranty
We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What is the main topic of 'Limits of Legality: The Ethics of Lawless Judging'? A: The book discusses the ethical dilemmas judges face when the law requires outcomes they find morally objectionable, exploring the tension between legal obligations and moral considerations.
- Q: Who is the author of this book? A: The author is Jeffrey Brand-Ballard, who combines ethical theory with legal analysis in his examination of judicial ethics.
- Q: What are the key arguments presented in the book? A: Brand-Ballard challenges traditional views on judges' obligations to apply the law, arguing that excessive judicial lawlessness can harm the rule of law and that judges may not always be morally obligated to apply the law correctly.
- Q: What is the publication date of this book? A: The book was published on May 26, 2010.
- Q: How many pages does 'Limits of Legality' contain? A: The book contains 368 pages.
- Q: What is the binding type of this book? A: The book is available in hardcover binding.
- Q: What is the intended audience for this book? A: The book is intended for philosophers, legal scholars, lawyers, and anyone interested in the ethics of judging.
- Q: Does the book include discussions of case law? A: Yes, the book combines ethical theory with discussions of case law to support its arguments.
- Q: Is this book suitable for general readers? A: While it primarily targets legal professionals and scholars, general readers with an interest in legal ethics may also find it insightful.
- Q: Are there any specific philosophical theories discussed in the book? A: Yes, the author builds upon recent theories of collective intentionality and critiques the agent-relative framework favored by many moral philosophers.