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Law Without Justice
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Book Synopsis Justice Without Law? by : Jerold S. Auerbach
Download or read book Justice Without Law? written by Jerold S. Auerbach and published by Oxford University Press, USA. This book was released on 1983 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of various types of litigation -- arbitration, mediation, and conciliation.
Book Synopsis Law Without Justice by : Paul H. Robinson
Download or read book Law Without Justice written by Paul H. Robinson and published by Oxford University Press. This book was released on 2006 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.
Book Synopsis Law Without Values by : Albert W. Alschuler
Download or read book Law Without Values written by Albert W. Alschuler and published by University of Chicago Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Book Synopsis The Enterprise of Law by : Bruce L. Benson
Download or read book The Enterprise of Law written by Bruce L. Benson and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.
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
Download or read book No Equal Justice written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-10 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
Book Synopsis Punishment Without Trial by : Carissa Byrne Hessick
Download or read book Punishment Without Trial written by Carissa Byrne Hessick and published by Abrams. This book was released on 2021-10-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Trial: Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
Book Synopsis Equal Justice by : Frederick Wilmot-Smith
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.
Book Synopsis The Thin Justice of International Law by : Steven R. Ratner
Download or read book The Thin Justice of International Law written by Steven R. Ratner and published by Oxford University Press, USA. This book was released on 2015 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Book Synopsis Unequal Justice by : Jerold S. Auerbach
Download or read book Unequal Justice written by Jerold S. Auerbach and published by Oxford University Press. This book was released on 1977-02-03 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.
Book Synopsis Peace Without Justice by : Margaret Popkin
Download or read book Peace Without Justice written by Margaret Popkin and published by Penn State Press. This book was released on 2010-11-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popkin analyzes the role of international actors, notably the United States and the United Nations, and the contributions and limitations of international assistance in efforts to establish accountability and reform the justice system in El Salvador. The author discusses the essential role of civil society in attempts to establish accountability and an effective justice system for all, and looks at the reasons for and the consequences of the limited role played by Salvadorean civil society. She also addresses the challenges facing democratic reform efforts in the context of a postwar crime wave. Peace Without Justice grew out of Margaret Popkin's extensive experience working as a human rights advocate in El Salvador during the armed conflict and interviews with a variety of Salvadorans and others involved in justice reform and in negotiating and implementing the peace accords.
Book Synopsis Law Without Lawyers, Justice Without Courts by : Bee Chen Goh
Download or read book Law Without Lawyers, Justice Without Courts written by Bee Chen Goh and published by Routledge. This book was released on 2016-12-05 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Download or read book Law written by Morris L. Cohen and published by . This book was released on 1992 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents 48 colour reproductions of art masterpieces that convey the drama and emotional resonance of the law in diverse settings in time and place. Rendered by some of the world's most revered artists, these works portray the great legends, personalities, and events that have defined the law, and record the progress of civilisation's concepts of justice. Accompanying each high-quality reproduction is an essay that illuminates the social, historical, and philosophical contexts of the work.
Book Synopsis Justice Without Borders by : Martin Böse
Download or read book Justice Without Borders written by Martin Böse and published by BRILL. This book was released on 2018-01-16 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
Book Synopsis Equal Justice Under Law by : Constance Baker Motley
Download or read book Equal Justice Under Law written by Constance Baker Motley and published by Macmillan. This book was released on 1999-09-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A civil rights lawyer who became the first African American female federal judge, describes her career, including working with Thurgood Marshall's NAACP legal team.
Book Synopsis Success Without Victory by : Jules Lobel
Download or read book Success Without Victory written by Jules Lobel and published by NYU Press. This book was released on 2006-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how some legal issues are losing cases - but that's okay because advances are still possible.
Book Synopsis Justice before the Law by : Michael Huemer
Download or read book Justice before the Law written by Michael Huemer and published by Springer Nature. This book was released on 2021-09-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
