Justifying Injustice

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Publisher : Cambridge University Press
ISBN 13 : 110715930X
Total Pages : 283 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Justifying Injustice by : Herlinde Pauer-Studer

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.

Francisco de Vitoria and the Evolution of International Law

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Publisher : Lexington Books
ISBN 13 : 1793613354
Total Pages : 141 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Francisco de Vitoria and the Evolution of International Law by : Amaya Amell

Download or read book Francisco de Vitoria and the Evolution of International Law written by Amaya Amell and published by Lexington Books. This book was released on 2021-03-04 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: Francisco de Vitoria and the Evolution of International Law: Justifying Injustice is a reconstruction of the philosophical and legal theories of Fray Francisco de Vitoria, hailed by many as one of the primary founders of international law, and how these served to introduce the theory of an international community in which all nations take part, regardless of religious beliefs. The impact of the conquest of the Americas resulted in a transformation or re-articulation of the Old World’s preconceived notions of human nature and the rights of people and nations. Due to the need for a more universal principle, the theory of international law began to expand. In order to present a perspective on international law and human rights beyond the scope of the Spanish conquest of the Americas, Vitoria’s thoughts are compared to those of Hugo Grotius and John Locke, to show how the issues of natural, human, and divine law evolved through time. Their questioning of the right to invade other countries and subdue their inhabitants brought to light the conflictive relationship between colonial expansion and the law of nations and was an essential part of debates among intellectuals, jurists, and theologians in an attempt to find a way to reconcile these two often-contradictory notions.

A Theory of System Justification

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Publisher :
ISBN 13 : 0674244656
Total Pages : 402 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis A Theory of System Justification by : John T. Jost

Download or read book A Theory of System Justification written by John T. Jost and published by . This book was released on 2020 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychologist John Jost has spent decades researching poor people who vote for policies of inequality and women who think men deserve higher salaries. He argues that the persecuted often justify and defend the very social systems that oppress them because doing so serves a fundamental need for certainty, security, and social acceptance.

The Right to Justification

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Publisher : Columbia University Press
ISBN 13 : 0231147082
Total Pages : 370 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis The Right to Justification by : Rainer Forst

Download or read book The Right to Justification written by Rainer Forst and published by Columbia University Press. This book was released on 2012 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice?freedom, democracy, equality, and toleration?and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.

Living by Faith

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Publisher : Wm. B. Eerdmans Publishing
ISBN 13 : 9780802839879
Total Pages : 106 pages
Book Rating : 4.8/5 (398 download)

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Book Synopsis Living by Faith by : Oswald Bayer

Download or read book Living by Faith written by Oswald Bayer and published by Wm. B. Eerdmans Publishing. This book was released on 2003-08-29 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Living by faith" is much more than a general Christian precept; it is the fundamental posture of believers in a world rife with suffering and injustice. In this penetrating reflection on the meaning of "justification," Oswald Bayer shows how this key religious term provides a comprehensive horizon for discussing every aspect of Christian theology, from creation to the end times. Inspired by and interacting with Martin Luther, the great Christian thinker who grappled most intensely with the concept of justification, Bayer explores anew the full range of traditional dogmatics (sin, redemption, eschatology, and others), placing otherwise complex theological terms squarely within their proper milieu -- everyday life. In the course of his discussion, Bayer touches on such deep questions as the hidden nature of God, the hope for universal justice, the problem of evil, and -- one of the book's most engaging motifs -- Job's daring lawsuit with God.

Justifying Private Law Remedies

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317081
Total Pages : 267 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Justifying Private Law Remedies by : C.E.F. Rickett

Download or read book Justifying Private Law Remedies written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-06-26 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.

Justice

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 1429952687
Total Pages : 318 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Justice by : Michael J. Sandel

Download or read book Justice written by Michael J. Sandel and published by Farrar, Straus and Giroux. This book was released on 2009-09-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

Justice and Authority in Immigration Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782258922
Total Pages : 354 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Justice and Authority in Immigration Law by : Colin Grey

Download or read book Justice and Authority in Immigration Law written by Colin Grey and published by Bloomsbury Publishing. This book was released on 2015-04-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

Justifying Contract in Europe

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Publisher : Oxford University Press
ISBN 13 : 0192655736
Total Pages : 513 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Justifying Contract in Europe by : Martijn W. Hesselink

Download or read book Justifying Contract in Europe written by Martijn W. Hesselink and published by Oxford University Press. This book was released on 2021-06-22 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

Justification and Critique

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Publisher : Polity
ISBN 13 : 074565228X
Total Pages : 228 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Justification and Critique by : Rainer Forst

Download or read book Justification and Critique written by Rainer Forst and published by Polity. This book was released on 2014 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism.

The Era of Transitional Justice

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Publisher : Routledge
ISBN 13 : 1136902201
Total Pages : 279 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Era of Transitional Justice by : Paul Gready

Download or read book The Era of Transitional Justice written by Paul Gready and published by Routledge. This book was released on 2010-10-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.

Constitutionalism Justified

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Publisher : Oxford University Press
ISBN 13 : 0190889071
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutionalism Justified by : Ester Herlin-Karnell

Download or read book Constitutionalism Justified written by Ester Herlin-Karnell and published by Oxford University Press. This book was released on 2019-10-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.

Justifying Legal Punishment

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Publisher : Prometheus Books
ISBN 13 : 159102983X
Total Pages : 210 pages
Book Rating : 4.5/5 (91 download)

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Book Synopsis Justifying Legal Punishment by : Igor Primoratz

Download or read book Justifying Legal Punishment written by Igor Primoratz and published by Prometheus Books. This book was released on 1997-11 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the philosophy of punishment is dominated by utilitarian and "mixed" theories, this study, written in the analytic tradition but also drawing on the views of Hegel, argues for a purely retributive view: all the main questions facing a theory of punishment are answered in terms of justice and desert, without any concessions to social expediency.

A Religion of Truth, Justice and Peace

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Publisher :
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis A Religion of Truth, Justice and Peace by : Isidore Singer

Download or read book A Religion of Truth, Justice and Peace written by Isidore Singer and published by . This book was released on 1924 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social and Psychological Bases of Ideology and System Justification

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Publisher : Oxford University Press
ISBN 13 : 0190295708
Total Pages : 552 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Social and Psychological Bases of Ideology and System Justification by : John T. Jost

Download or read book Social and Psychological Bases of Ideology and System Justification written by John T. Jost and published by Oxford University Press. This book was released on 2009-03-11 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new volume on Social and Psychological Bases of Ideology and System Justification brings together several of the most prominent social and political psychologists who are responsible for the resurgence of interest in the study of ideology, broadly defined. Leading scientists and scholars from several related disciplines, including psychology, sociology, political science, law, and organizational behavior present their cutting-edge theorizing and research. Topics include the social, personality, cognitive and motivational antecedents and consequences of adopting liberal versus conservative ideologies, the social and psychological functions served by political and religious ideologies, and the myriad ways in which people defend, bolster, and justify the social systems they inhabit. This book is the first of its kind, bringing together formerly independent lines of research on ideology and system justification.

Handbook of the Social Psychology of Inequality

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Publisher : Springer
ISBN 13 : 9401790027
Total Pages : 749 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Handbook of the Social Psychology of Inequality by : Jane D. McLeod

Download or read book Handbook of the Social Psychology of Inequality written by Jane D. McLeod and published by Springer. This book was released on 2014-08-18 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the first comprehensive overview of social psychological research on inequality for a graduate student and professional audience. Drawing on all of the major theoretical traditions in sociological social psychology, its chapters demonstrate the relevance of social psychological processes to this central sociological concern. Each chapter in the volume has a distinct substantive focus, but the chapters will also share common emphases on: • The unique contributions of sociological social psychology • The historical roots of social psychological concepts and theories in classic sociological writings • The complementary and conflicting insights that derive from different social psychological traditions in sociology. This Handbook is of interest to graduate students preparing for careers in social psychology or in inequality, professional sociologists and university/college libraries.

Justice for Some

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Publisher : Stanford University Press
ISBN 13 : 1503608832
Total Pages : 405 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Justice for Some by : Noura Erakat

Download or read book Justice for Some written by Noura Erakat and published by Stanford University Press. This book was released on 2019-04-23 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents