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Author : Austin Sarat
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)
Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by . This book was released on 1996 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between law and justice
Author : Barry E. Hill
Publisher : Environmental Law Institute
ISBN 13 : 9781585761241
Total Pages : 500 pages
Book Rating : 4.7/5 (612 download)
Download or read book Environmental Justice written by Barry E. Hill and published by Environmental Law Institute. This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.
Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 0472023683
Total Pages : 182 pages
Book Rating : 4.4/5 (72 download)
Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-11 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Author : David Luban
Publisher : University of Michigan Press
ISBN 13 : 0472024116
Total Pages : 421 pages
Book Rating : 4.4/5 (72 download)
Download or read book Legal Modernism written by David Luban and published by University of Michigan Press. This book was released on 2010-05-06 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modernism in legal theory is no different from modernism in the arts: both respond to a cultural crisis, a sense that institutions and traditions have lost their validity. Some doubt the importance of the rule of law, others question the objectivity of legal reasoning. We have lost confidence in the justice of our legal institutions, and even in our very capacity to identify justice. Legal philosopher David Luban argues that we cannot escape the modernist predicament. Accusing contemporary legal theorists of evading rather than confronting the challenge of modernity, he offers important and original objections to pragmatism, traditionalism, and nihilism. He argues that only by weaving together the broken narrative and forgotten voices of history's victims can we come to appreciate the nature of justice in modern society. Calling a trial the embodiment of the law's self-criticism, Luban demonstrates the centrality of narrative by analyzing the trial of Martin Luther King, the Nuremberg trials, and trial scenes in Homer, Hesiod, and Aeschylus. With these examples, Luban explores several of the tensions that motivate much more contemporary legal theory: order versus justice, obedience versus resistance, statism versus communitarianism. ". . . an illuminating account of how contemporary legal theory can be understood as an expression of 'the modernist predicament' by exploring the analogy between modernism in the arts and modernism in law, politics, and philosophy. . . . a valuable critical discussion of modern legal theory." --Choice David Luban is Morton and Sophia Macht Professor of Law at the University of Maryland and Research Scholar at the Institute for Philosophy and Public Policy. His other books include Lawyers and Justice: An Ethical Study.
Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510637
Total Pages : 169 pages
Book Rating : 4.1/5 (915 download)
Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Author : Jennifer Balint
Publisher : University of Michigan Press
ISBN 13 : 0472131680
Total Pages : 219 pages
Book Rating : 4.4/5 (721 download)
Download or read book Keeping Hold of Justice written by Jennifer Balint and published by University of Michigan Press. This book was released on 2020-02-19 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Author : Herlinde Pauer-Studer
Publisher : Cambridge University Press
ISBN 13 : 110715930X
Total Pages : 283 pages
Book Rating : 4.1/5 (71 download)
Download or read book Justifying Injustice written by Herlinde Pauer-Studer and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Author : Lloyd L. Weinreb
Publisher : Harvard University Press
ISBN 13 : 9780674604261
Total Pages : 340 pages
Book Rating : 4.6/5 (42 download)
Download or read book Natural Law and Justice written by Lloyd L. Weinreb and published by Harvard University Press. This book was released on 1987 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.
Author : Ian Millhiser
Publisher : Bold Type Books
ISBN 13 : 1568585853
Total Pages : 370 pages
Book Rating : 4.5/5 (685 download)
Download or read book Injustices written by Ian Millhiser and published by Bold Type Books. This book was released on 2016-06-28 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Author : Amartya Sen
Publisher : Harvard University Press
ISBN 13 : 0674060474
Total Pages : 497 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Idea of Justice written by Amartya Sen and published by Harvard University Press. This book was released on 2011-05-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
Author : John RAWLS
Publisher : Harvard University Press
ISBN 13 : 0674042603
Total Pages : 624 pages
Book Rating : 4.6/5 (74 download)
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author : Eric Heinze
Publisher : Routledge
ISBN 13 : 1136205721
Total Pages : 224 pages
Book Rating : 4.1/5 (362 download)
Download or read book The Concept of Injustice written by Eric Heinze and published by Routledge. This book was released on 2012-11-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Injustice challenges traditional Western justice theory. Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice. Misled by the word’s etymology, political theorists have assumed injustice to be the sheer, logical opposite of justice. Heinze summons ancient and early modern texts, philosophical and literary, with special attention to Shakespeare, to argue that injustice is not primarily the negation, failure or absence of justice. It is the constant product of regimes and norms of justice. Justice is not always the cure for injustice, and is often its cause.
Author : J.K. Feibleman
Publisher : Springer Science & Business Media
ISBN 13 : 9401094497
Total Pages : 208 pages
Book Rating : 4.4/5 (1 download)
Download or read book Justice, Law and Culture written by J.K. Feibleman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.
Author : Frederick Wilmot-Smith
Publisher : Harvard University Press
ISBN 13 : 0674243730
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)
Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9401577064
Total Pages : 333 pages
Book Rating : 4.4/5 (15 download)
Download or read book Giving Desert Its Due written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.
Author : Adam Benforado
Publisher : Crown
ISBN 13 : 0770437761
Total Pages : 402 pages
Book Rating : 4.7/5 (74 download)
Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.
Author : Peter Goodrich
Publisher : Palgrave MacMillan
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)
Download or read book Derrida and Legal Philosophy written by Peter Goodrich and published by Palgrave MacMillan. This book was released on 2008-10-02 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.
