| Description |
1 online resource (xiv, 321 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references (pages 283-299) and index. |
| Contents |
The common law -- The source-based argument for the judicial obligation to apply the law -- The conceptual argument for the judicial obligation to apply the law -- The source-based argument for the judicial obligation to develop the law : part I (England) -- The source-based argument for the judicial obligation to develop the law : part II (United States) -- The conceptual argument for the judicial obligation to develop the law -- Common law review -- Common law review in two common law systems. |
| Summary |
With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Judge-made law -- Great Britain.
|
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Judge-made law. |
|
Great Britain. |
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Judge-made law -- United States.
|
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United States. |
|
Judicial review -- Great Britain.
|
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Judicial review. |
|
Judicial review -- United States.
|
| Genre/Form |
Electronic books.
|
|
Electronic books.
|
| Other Form: |
Print version: Edlin, Douglas E. Judges and unjust laws. Ann Arbor : University of Michigan Press, ©2008 (DLC) 2008017464 |
| ISBN |
9780472022953 (electronic book) |
|
0472022954 (electronic book) |
|
9780472116621 (cloth ; alkaline paper) |
|
0472116622 (cloth ; alkaline paper) |
|
