Social Justice And Rule Of Law

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Leading Works in Law and Social Justice

Author : Faith Gordon
Publisher : Routledge
ISBN 13 : 1000367355
Total Pages : 196 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Leading Works in Law and Social Justice by : Faith Gordon

Download or read book Leading Works in Law and Social Justice written by Faith Gordon and published by Routledge. This book was released on 2021-03-23 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

The Structure of Liberty : Justice and the Rule of Law

Author : Randy E. Barnett
Publisher : Oxford University Press, USA
ISBN 13 : 019152204X
Total Pages : 363 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Structure of Liberty : Justice and the Rule of Law by : Randy E. Barnett

Download or read book The Structure of Liberty : Justice and the Rule of Law written by Randy E. Barnett and published by Oxford University Press, USA. This book was released on 1998-04-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power. - ;What is liberty, as opposed to license, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, interest, and power. These problems are dealt with by ensuring the liberty of the people to pursue their own ends, but addressing these problems also requires that liberty be structured by certain rights and procedures associated with the classical liberal conception of justice and the rule of law. In this controversial new work, Barnett examines the serious social problems that are addressed by liberty and the background or `natural' rights and `rule of law' procedures that distinguish liberty from license. He goes on to outline the constitutional framework that is needed to protect this structure of liberty. This is the only discussion of the liberal conception of justice and the rule of law to draw upon insights from philosophy, economics, political theory, and law to describe comprehensively the vital social functions performed by adherence to these concepts. And, although the book is intended to challenge specialists, its clear and accessible prose ensure that it will be of immense value to both scholars and students working in a range of academic disciplines. -

Customary Justice and the Rule of Law in War-torn Societies

Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser

Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Access to Justice as a Human Right

Author : Francesco Francioni
Publisher : OUP Oxford
ISBN 13 : 0191018651
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Access to Justice as a Human Right by : Francesco Francioni

Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

The rule of law, property and violation of human rights. A plea for social justice

Author : Omar Swartz
Publisher :
ISBN 13 : 9788884480187
Total Pages : 192 pages
Book Rating : 4.4/5 (81 download)

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Book Synopsis The rule of law, property and violation of human rights. A plea for social justice by : Omar Swartz

Download or read book The rule of law, property and violation of human rights. A plea for social justice written by Omar Swartz and published by . This book was released on 2004 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rule of Law in the Real World

Author : Paul Gowder
Publisher : Cambridge University Press
ISBN 13 : 131649554X
Total Pages : 289 pages
Book Rating : 4.3/5 (164 download)

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Book Synopsis The Rule of Law in the Real World by : Paul Gowder

Download or read book The Rule of Law in the Real World written by Paul Gowder and published by Cambridge University Press. This book was released on 2016-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.

The Mirage of Social Justice

Author : Friedrich August Hayek
Publisher : Routledge
ISBN 13 : 9780710084033
Total Pages : 195 pages
Book Rating : 4.0/5 (84 download)

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Book Synopsis The Mirage of Social Justice by : Friedrich August Hayek

Download or read book The Mirage of Social Justice written by Friedrich August Hayek and published by Routledge. This book was released on 1976-01-01 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a three-part study of the relations between law and liberty. Volume 1 deals with the basic conceptions necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy. In volume 2, the author examines the theories of utilitariansim and legal positivism and considers the concept of 'social justice.' He shows this ideal to be devoid of meaning and therefore a most harmful and dangerous cause of the mis-direction of well-meant efforts: he demonstrates that it is a remnant of the tribal ethics of a closed society and whooly incompatible with the individual freedom whih the Open Society promises. In the final volume, Hayek analyses and discards modern sociobiological theories of morality and social conduct, demonstrating that man's behaviour pattern has been determined more by custom than by the exercise of reason, and that mind and culture therefore developed concurrently and not successively. He shows how the democratic ideal is in danger of miscarrying due to the erroneous assumptions that there can be moral standards without moral discipline, that the element of tradition can be ignored in proposals for restructuring society, and the way in which the disctinct ideals of egalitarianism and democracy are increasingly confused.

Courting Social Justice

Author : Varun Gauri
Publisher : Cambridge University Press
ISBN 13 : 9780521145169
Total Pages : 384 pages
Book Rating : 4.1/5 (451 download)

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Book Synopsis Courting Social Justice by : Varun Gauri

Download or read book Courting Social Justice written by Varun Gauri and published by Cambridge University Press. This book was released on 2010-03-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.

The Rule of Law, Property, and the Violation of Human Rights

Author : Omar Swartz
Publisher : Foxwell & Davies
ISBN 13 : 9781905868087
Total Pages : 0 pages
Book Rating : 4.8/5 (68 download)

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Book Synopsis The Rule of Law, Property, and the Violation of Human Rights by : Omar Swartz

Download or read book The Rule of Law, Property, and the Violation of Human Rights written by Omar Swartz and published by Foxwell & Davies. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deals with the necessity for political struggle, about questioning and confronting the way in which legal and moral authority are conceptualised in the United States.

From Plato to NATO

Author : David Gress
Publisher : Simon and Schuster
ISBN 13 : 0684827891
Total Pages : 1082 pages
Book Rating : 4.6/5 (848 download)

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Book Synopsis From Plato to NATO by : David Gress

Download or read book From Plato to NATO written by David Gress and published by Simon and Schuster. This book was released on 1998 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold war and the imminent unification of Europe raises urgent questions about the future of the "Western Alliance". FROM PLATO TO NATO analyses European civilisation's legacy from its inception and traces the ongoing debate about the West through to the present day. David Gress assesses historical accounts of the West and argues that while often attacked as a cover for exploitation, the legitimacy and unity of the West appears to contain both the rationality of the enlightenment and the mythological visions of fascism. It will be up to the Westerners to choose which 'West' they want to embrace. FROM PLATO TO NATO is the first book to make sense of the enduring value of Western politics and culture at a time when the West is facing its greatest challenge since World War Two - how to include new democracies in a world order that is struggling to preserve the egalitarian values of the Western Tradition.

Rule of Law, Human Rights and Judicial Control of Power

Author : Rainer Arnold
Publisher : Springer
ISBN 13 : 3319551868
Total Pages : 446 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Rule of Law, Human Rights and Judicial Control of Power by : Rainer Arnold

Download or read book Rule of Law, Human Rights and Judicial Control of Power written by Rainer Arnold and published by Springer. This book was released on 2017-05-16 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.

Social Justice in the Liberal State

Author : Bruce Ackerman
Publisher : Yale University Press
ISBN 13 : 0300158076
Total Pages : 406 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Social Justice in the Liberal State by : Bruce Ackerman

Download or read book Social Justice in the Liberal State written by Bruce Ackerman and published by Yale University Press. This book was released on 1981-09-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs

Law and Social Justice

Author : Joseph Keim Campbell
Publisher : Topics in Contemporary Philoso
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law and Social Justice by : Joseph Keim Campbell

Download or read book Law and Social Justice written by Joseph Keim Campbell and published by Topics in Contemporary Philoso. This book was released on 2005 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars consider a variety of philosophical issues in law and social justice, from foundational concepts to specific legal problems.

Law and Social Justice in a Developing Society

Author : Osy Ezechukwunyere Nwebo
Publisher :
ISBN 13 :
Total Pages : 238 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Law and Social Justice in a Developing Society by : Osy Ezechukwunyere Nwebo

Download or read book Law and Social Justice in a Developing Society written by Osy Ezechukwunyere Nwebo and published by . This book was released on 1995 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Justice and Injustice in Law and Legal Theory

Author : Austin Sarat
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Justice and Injustice in Law and Legal Theory by : Austin Sarat

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

Access to Justice in Africa and Beyond

Author :
Publisher : Ntl Inst for Trial Advocacy
ISBN 13 : 9781601560162
Total Pages : 340 pages
Book Rating : 4.5/5 (61 download)

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Book Synopsis Access to Justice in Africa and Beyond by :

Download or read book Access to Justice in Africa and Beyond written by and published by Ntl Inst for Trial Advocacy. This book was released on 2007 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Building the Rule of Law in China

Author : Lin Li
Publisher : Elsevier
ISBN 13 : 008102231X
Total Pages : 352 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis Building the Rule of Law in China by : Lin Li

Download or read book Building the Rule of Law in China written by Lin Li and published by Elsevier. This book was released on 2017-03-21 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building the Rule of Law in China explores the idea that China needs a more globalized and diversified vision for the science of law, presenting the need to think differently from the two major western mainstream legal cultures, the Anglo-American and the continental systems. Other globalized, universalized, and diversified models and experiences in the rule of law from diverse civilizations have much to offer China. Through learning from the strengths exhibited by systems in countries with a very developed and well-organized rule of law, and absorbing essential aspects from different countries, China might be well positioned to promote the development of the rule of law in a robust and comprehensive manner. This book explores the topic from several perspectives, giving the reader an up-to-date resource on the ever-evolving vision for the science of law in China. Explores the situation of rule of law in China as it currently stands Presents a case that China must look beyond the two western systems of law for a more globalized vision Gives analysis on the contemporary situation, and insight into the near future Presents a particular perspective on the rule of law in China by a scholar closely involved with its actual development Translates into English, providing a new and valuable perspective to an English speaking readership