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Janus Faced Justice
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Book Synopsis Janus-Faced Justice by : Richard H. Mitchell
Download or read book Janus-Faced Justice written by Richard H. Mitchell and published by University of Hawaii Press. This book was released on 1992-01-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his study of the treatment of political criminal suspects and prisoners from 1868 to 1945, Richard H. Mitchell makes a major contribution to our knowledge and understanding of Japan's criminal justice system at a most critical juncture in that country's history. Through careful research and sensitive evaluation of the source materials, Mitchell identifies two contrasting themes--a high degree of state repression and a concern for human rights--and shows how a system that clearly involved considerable brutality, torture, and illegal detention also exhibited elements of humanity and fairness. He argues that this contradiction is best understood by viewing prewar Japan as a "paternalistic police state," in which brutality was the other side of benevolence. The scope of inquiry of this study encompasses a broad range of issues. It assays laws for control of political dissent as well as the origins of the movement for human rights of criminal suspects and convicts, giving special attention to the behavior of defense lawyers. It sorts out the actors and their roles in upholding or violating individual rights and does a superb job of conveying the subtle difficulties faced by judges as well as the markedly "un-American" legal context of political trials. It describes and makes critical distinctions between conditions in prisons and facilities for special detention and surveillance, and it challenges a number of common assumptions, including long-cherished views about the differences between the 1920s and 1930s. Numerous cases of alleged police brutality are evaluated and police actions analyzed. Tenko (conversion), a novel method of dealing with political criminal suspects and convicts, is explored together with the little-known Criminal Compensation Law. Throughout, the yardstick by which treatment of accused and convicted criminals is judged is the state's own laws and regulations. In addition to evaluation by these internal standards, Mitchell devotes his final chapter to a very useful comparison with the situation in Europe during the same period. There is no other work in English on precisely this subject and no other related work of this scope. Although Mitchell's focus is on political offenders, there is enough material on the overall system to make this volume easily the best available resource on prewar Japanese criminal justice.
Author :Global South Study Center (GSSC), University of Cologne Publisher :Lexington Books ISBN 13 :1498513867 Total Pages :216 pages Book Rating :4.4/5 (985 download)
Book Synopsis Legacies of State Violence and Transitional Justice in Latin America by : Global South Study Center (GSSC), University of Cologne
Download or read book Legacies of State Violence and Transitional Justice in Latin America written by Global South Study Center (GSSC), University of Cologne and published by Lexington Books. This book was released on 2015-10-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legacies of State Violence and Transitional Justice in Latin America presents a nuanced and evidence-based discussion of both the acceptance and co-optation of the transitional justice framework and its potential abuses in the context of the struggle to keep the memory of the past alive and hold perpetrators accountable within Latin America and beyond. The contributors argue that “transitional justice”—understood as both a conceptual framework shaping discourses and a set of political practices—is a Janus-faced paradigm. Historically it has not always advanced but often hindered attempts to achieve historical memory and seek truth and justice. This raises the vital question: what other theoretical frameworks can best capture legacies of human rights crimes? Providing a historical view of current developments in Latin America’s reckoning processes, Legacies of State Violence and Transitional Justice in Latin America reflects on the meaning of the paradigm’s reception: what are the broader political and social consequences of supporting, appropriating, or rejecting the transitional justice paradigm?
Book Synopsis Janus-faced Justice by : Richard H. Mitchell
Download or read book Janus-faced Justice written by Richard H. Mitchell and published by . This book was released on 1992 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Rights in Exile by : Guglielmo Verdirame
Download or read book Rights in Exile written by Guglielmo Verdirame and published by Berghahn Books. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the estimated 12 million refugees in the world, more than 7 million have been confined to camps, effectively "warehoused," in some cases, for 10 years or more. Holding refugees in camps was anathema to the founders of the refugee protection regime. Today, with most refugees encamped in the less developed parts of the world, the humanitarian apparatus has been transformed into a custodial regime for innocent people. Based on rich ethnographic data, Rights in Exile exposes the gap between human rights norms and the mandates of international organisations, on the one hand, and the reality on the ground, on the other. It will be of wide interest to social scientists, and to human rights and international law scholars. Policy makers, donor governments and humanitarian organizations, especially those adopting a "rights-based" approach, will also find it an invaluable resource. But it is the refugees themselves who could benefit the most if these actors absorb its lessons and apply them. Guglielmo Verdirame is a Lecturer in Law at the University of Cambridge and a Fellow of Corpus Christi College. He is also the author of a forthcoming book on the accountability of the United Nations. Barbara Harrell-Bond, Founding director of the Refugee Studies Centre, University of Oxford, has, after retirement, been Visiting Professor at Makerere University and at the American University in Cairo. In 1996, she received the Distinguished Service Award of the American Anthropological Association. She is the author of Imposing Aid (Oxford, 1986).
Book Synopsis The Double-Facing Constitution by : Jacco Bomhoff
Download or read book The Double-Facing Constitution written by Jacco Bomhoff and published by Cambridge University Press. This book was released on 2020-01-30 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how constitutional orders engage with and are shaped by their exteriors.
Book Synopsis The Janus Face of Ideas by : Burton Porter
Download or read book The Janus Face of Ideas written by Burton Porter and published by . This book was released on 2019 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a philosophical exploration of great ideas and how to apply them to the problems of human existence"--
Book Synopsis Two Faces of Janus by : Linnea Tanner
Download or read book Two Faces of Janus written by Linnea Tanner and published by Apollo Raven Publisher, LLC. This book was released on 2021-08-06 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: A young nobleman confronts a specter from the past that could threaten his family’s legacy. A brash young aristocrat, Lucius Antonius anticipates Emperor Augustus Caesar will support his lofty ambitions to serve as a praetor in the Roman justice system in 2 BC Rome. As the son of the distinguished politician and poet, Iullus Antonius, Lucius prays to Janus, the two-faced god of beginnings, to open the door for him to rise politically. But he is unaware of the political firestorm ready to erupt in the imperial family. Augustus must confront evidence that his daughter, Julia, has behaved scandalously in public and that Iullus is her lover. The prospect that Julia might want to marry Iullus—the only surviving son of Marcus Antonius—threatens to redirect the glory from Augustus to his most hated rival beyond the grave. Caught in the political crossfire, Lucius must demonstrate his loyalty to Augustus by meeting all of his demands or face the destruction of his family’s legacy and possibly his own life. Will Lucius ultimately choose to betray and abandon his disgraced father?
Book Synopsis Justice in Japan by : Richard H. Mitchell
Download or read book Justice in Japan written by Richard H. Mitchell and published by University of Hawaii Press. This book was released on 2002-03-31 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Imperial Rayon Company corruption scandal (popularly known as the Teijin incident) was Japan's major interwar political bribery case. Compared to numerous Japanese corruption cases of the past century, the Teijin affair stands out as not only the most sensational of the pre-1945 era, but also the most important--perhaps because more than any other case, it has left an indelible mark on the public mind. Nevertheless, Japanese and foreign scholars have neglected this incident, which brought down an entire cabinet and produced a record-setting trial. The sixteen defendants, all prominent bureaucrats, ministers, and businessmen, were charged with illegally profiting from the sale of Imperial Rayon Company stock held by the Bank of Japan. In December 1937, after a more than two-year trial, all sixteen were found innocent when the judges declared that the case had been fabricated by the prosecution. Their verdict ranks in importance with the famous Otsu case judgment, the benchmark for judicial independence from the executive. Despite its importance, basic facts about the Teijin case remain obscure, as scholars repeat factual misinformation and produce farfetched conspiracy theories. This study, the first comprehensive, scholarly work on the subject in English or Japanese, investigates controversial and important issues regarding the origins, results, and significance of the incident. It illustrates transwar continuities within the judicial system by showing that the institutional flaws in the old criminal justice system, which were magnified by the Teijin investigation and trial, remain embedded despite reform attempts during the Occupation. While illuminating the basic institutional features that generated it, the author uses the incident to spotlight the considerable amount of political criticism and public conflict that existed in Japan in the 1930s.
Author :Legal Services Research Centre Publisher :The Stationery Office ISBN 13 :9780117021464 Total Pages :230 pages Book Rating :4.0/5 (214 download)
Book Synopsis Transforming lives by : Legal Services Research Centre
Download or read book Transforming lives written by Legal Services Research Centre and published by The Stationery Office. This book was released on 2007-04-25 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together a selection of papers originally presented at the Legal Services Research Centre's tenth anniversary international research conference. The papers, drawn from three continents, provide an insight into how people experience the law, the extent of impact of legal problems, the reasons people sometimes take no action to resolve problems, methods of service delivery, the integration of legal and health services and forms of funding legal services.
Book Synopsis The Police In Occupation Japan by : Christopher Aldous
Download or read book The Police In Occupation Japan written by Christopher Aldous and published by Routledge. This book was released on 2014-04-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Western commentators have expressed their admiration for the Japanese police system, tracing its origins to the American Occupation of Japan (1945-52). This study challenges the assumptions that underlie these accounts, focusing on the problems that attended the reform of the Japanese police during the Occupation. Drawing on a wide range of primary sources, Christopher Aldous explores the extent to which America failed in it's goal of 'democratizing' the Japanese police force, arguing that deeply-rooted tradition, the pivotal importance of the black market, and the US's decision to opt for an indirect Occupation produced resistance to reform. His study concludes with a consideration of the postwar legacy of the Occupation's police reform, and touches on a number of recent controversies, most notably the case of Aum Shinrikyo.
Book Synopsis Laying Down the Law by : R. W. Kostal
Download or read book Laying Down the Law written by R. W. Kostal and published by Harvard University Press. This book was released on 2019-10-15 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.
Book Synopsis Reconciling Law and Morality in Human Rights Discourse by : Willy Moka-Mubelo
Download or read book Reconciling Law and Morality in Human Rights Discourse written by Willy Moka-Mubelo and published by Springer. This book was released on 2016-12-13 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.
Book Synopsis Justice After War by : David Chiwon Kwon
Download or read book Justice After War written by David Chiwon Kwon and published by CUA Press. This book was released on 2023-05-12 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice After War is aimed especially to both undergraduate and graduate students, as well as the general audience who want to understand the significance of a recent development within the just war tradition, namely, the increasing attention given to the category of jus post bellum (postwar justice and peace). While examining the interrelated challenges of moral and social norms in both political and legal domains, as well as church practices, this work proposes an innovative methodology for linking theology, ethics, and social science so that the ideal and the real can inform each other in the ethics of war and peacebuilding. The main task of this project, then, is to identify what the author views as three key themes of jus post bellum, and three practices that are essential to implementing jus post bellum immediately after a war: just policing, just punishment, and just political participation. David Kwon endeavors to challenge the view of those who suggest that reconciliation, mainly political reconciliation, is the foremost ambition of jus post bellum. Instead, he attempts to justify the proposition that achieving just policing, just punishment, and just political participation are essential to building a just peace, a peace in which the fundamental characteristic must be human security. It thus demonstrates that human security is an oft-neglected theme in the recent discourse of moral theologians and that a more balanced understanding of jus post bellum will direct attention to the elements composing human security in a postwar context.
Book Synopsis Punishment and Power in the Making of Modern Japan by : Daniel V. Botsman
Download or read book Punishment and Power in the Making of Modern Japan written by Daniel V. Botsman and published by Princeton University Press. This book was released on 2013-10-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The kinds of punishment used in a society have long been considered an important criterion in judging whether a society is civilized or barbaric, advanced or backward, modern or premodern. Focusing on Japan, and the dramatic revolution in punishments that occurred after the Meiji Restoration, Daniel Botsman asks how such distinctions have affected our understanding of the past and contributed, in turn, to the proliferation of new kinds of barbarity in the modern world. While there is no denying the ferocity of many of the penal practices in use during the Tokugawa period (1600-1868), this book begins by showing that these formed part of a sophisticated system of order that did have its limits. Botsman then demonstrates that although significant innovations occurred later in the period, they did not fit smoothly into the "modernization" process. Instead, he argues, the Western powers forced a break with the past by using the specter of Oriental barbarism to justify their own aggressive expansion into East Asia. The ensuing changes were not simply imposed from outside, however. The Meiji regime soon realized that the modern prison could serve not only as a symbol of Japan's international progress but also as a powerful domestic tool. The first English-language study of the history of punishment in Japan, the book concludes by examining how modern ideas about progress and civilization shaped penal practices in Japan's own colonial empire.
Book Synopsis The Spirit of Japanese Law by : John Owen Haley
Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
Book Synopsis Genealogies of Legal Vision by : Peter Goodrich
Download or read book Genealogies of Legal Vision written by Peter Goodrich and published by Routledge. This book was released on 2015-06-05 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was the classical task of legal rhetoric to make law both seen and understood. These conjoint goals came to be separated and opposed in modernity and a degree of blindness ensued. Legal reason was increasingly deemed to be a purely textual enterprise. Against this constraint and in furtherance of an incipient visual turn in legal studies, Genealogies of Legal Vision seeks to revive the classical ars iuris and to this end traces the history of regimes of visual control. Law always relied in significant measure upon the use of visual representations, upon pictures, architecture, costume and statuary to convey authority and sovereign norm. Military, religious, administrative and legal insignia found juridical codification and expression in collections of signs of office, in heraldic codes, in genealogical devices, and then finally in the juridical invention in the mid-sixteenth century of the legal emblem book. Genealogies of Legal Vision traces the complex lineage of the legal emblem and argues that the mens emblematica of the humanist lawyers was the inauguration of a visiocratic regime that continues into the multiple new technologies and novel media of contemporary governance. Bringing together leading experts on the history and art of legal emblems this collection provides a ground-breaking account of the long relationship between visibility, meaning and normativity.
Book Synopsis Representing Justice by : Judith Resnik
Download or read book Representing Justice written by Judith Resnik and published by Yale University Press. This book was released on 2011-01-01 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: A remnant of the Renaissance : the transnational iconography of justice -- Civic space, the public square, and good governance -- Obedience : the judge as the loyal servant of the state -- Of eyes and ostriches -- Why eyes? : color, blindness, and impartiality -- Representations and abstractions : identity, politics, and rights -- From seventeenth-century town halls to twentieth-century courts -- A building and litigation boom in Twentieth-Century federal courts -- Late Twentieth-Century United States courts : monumentality, security, and eclectic imagery -- Monuments to the present and museums of the past : national courts (and prisons) -- Constructing regional rights -- Multi-jurisdictional premises : from peace to crimes -- From "rites" to "rights" -- Courts : in and out of sight, site, and cite -- An iconography for democratic adjudication.
