Injustice in robes: Iniquity and judicial accountability

Ratio Juris 22 (1):128-149 (2009)
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Abstract

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

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References found in this work

A Theory of Justice.John Rawls - 1971 - Oxford,: Harvard University Press. Edited by Steven M. Cahn.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Mortal questions.Thomas Nagel - 1979 - New York: Cambridge University Press.

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