Justice and Unjusticiability Perspectives and Issues Between History and Comparison |
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| Author:
| Calzolaio, Ermanno
Lacche, Luigi |
| Series title: | Rechtsgeschichte und Rechtsgeschehen Ser. |
| ISBN: | 978-3-643-91099-8 |
| Publication Date: | Mar 2020 |
| Publisher: | Lit Verlag
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| Book Format: | Hardback |
| List Price: | USD $52.95 |
Book Description:
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The book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does...
More DescriptionThe book tries to identify the main contours of unjusticiability and non-justiciability from an historical and comparative perspective distinguishing between common law world and civil law tradition. In the light of a general overview, the aim of this publication is to reflect on the utility of paving the way for a much wider approach to unjusticiability. More precisely, some scholars have recently suggested that such a notion could embrace all the situations where a court does not decide a case, so that it is impossible for the plaintiff to have the case decided by a court. A first category covers the situations where the court refuses to judge because it does not want to judge. A second category is related to all the cases where there is an impossibility to reach a decision. Any case where the judge cannot or does not wish to make justice--si iudex non facit iustitiam--continues to indicate a series of new (and old) questions.