This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression?

The Judicial Role and the Rule of Law.- Part One: The War of Law: State Repression and the Rule of Law.- Repression of the Judiciary.- Judicial Acceptance of Oppression.- The Opposition.- Part Two: Holding Judges Responsible for Injustice: The Argument for Criminal Liability.- The Condition of Illegality under International Law.- The condition of Illegality and Failed Usurpations.- The Condition of Illegality in Transitional Settings.- Judges in Special Courts.- Justification of Judicial Oppression.- A Special Immunity for Judges?.- Holding Judges Responsible.- Part Three: The Moral Side of Judging: The Positivism Thesis.- What Positivism?.- Alternative approaches to Legal Interpretation.- Beyond Legal Theory as Explanation.- The Lesser Evil.- Judges for Justice.

This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happens when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

“Concerned with the role and behaviour of judges in developed “western” states during tyranny and authoritarian rule, including certain instances of occupation. … the book deserves a wider audience. In particular it should be of interest to lawmakers, judges and others concerned with preventing new instances of oppression, and everybody else interested in the role of judges in times of existential threats to society.” (Terje Einarsen, Nordic Journal of Human Rights, Vol. 34 (3), 2016)

"Many have long puzzled over how men in robes, presumably committed by trade and professional instinct to “the rule of law,” could so regularly and readily bring themselves to enforce the most evil policies of repressive rulers, from Stalin to Saddam Hussein. This penetrating study plumbs that question in greater comparative reach, historical depth, and jurisprudential sophistication than anyone before… Its answers are trenchant and sobering…a tour de force." (Mark Osiel, Aliber Family Chair, College of Law, University of Iowa, November 2014)

"Many have long puzzled over how men in robes, presumably committed by trade and professional instinct to "the rule of law," could so regularly and readily bring themselves to enforce the most evil policies of repressive rulers, from Stalin to Saddam Hussein. This penetrating study plumbs that question in greater comparative reach, historical depth, and jurisprudential sophistication than anyone before... Its answers are trenchant and sobering...a tour de force." (Mark Osiel, Aliber Family Chair, College of Law, University of Iowa, November 2014)

Guidance on how to diminish judicial cooperation in oppressionClose-up tour of judges in their complicity with bad legal regimesFirst comprehensive treatment of criminal liability for judges for upholding wicked lawsAddresses judges who experience oppressive legislation as a challenge to their conscienceIncludes supplementary material: sn.pub/extras