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The Ambiguity Of Justice
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Book Synopsis The Ambiguity of Justice: New Perspectives on Paul Ricoeur's Approach to Justice by :
Download or read book The Ambiguity of Justice: New Perspectives on Paul Ricoeur's Approach to Justice written by and published by BRILL. This book was released on 2020-07-13 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ambiguity of Justice consists of a collection of essays that address difficulties and potential contradictions in thinking justice by focussing on Ricoeur's theory of justice and on the major thinkers that were influential for it.
Book Synopsis Legislative Deferrals by : George I. Lovell
Download or read book Legislative Deferrals written by George I. Lovell and published by Cambridge University Press. This book was released on 2003-03-31 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do unelected federal judges have so much power to make policy in the United States? Why were federal judges able to thwart apparent legislative victories won by labor organizations in the Lochner era? Most scholars who have addressed such questions assume that the answer lies in the judiciary's constitutionally guaranteed independence, and thus worry that insulated judges threaten democracy when they stray from baseline positions chosen by legislators. This book argues for a fundamental shift in the way scholars think about judicial policy-making. Scholars need to notice that legislators also empower judges to make policy as a means of escaping accountability. This study of legislative deference to the courts offers a dramatic reinterpretation of the history of twentieth-century labor law and shows how attention to legislative deferrals can help scholars to address vexing questions about the consequences of judicial power in a democracy.
Book Synopsis Illness Or Deviance? by : Jennifer Murphy
Download or read book Illness Or Deviance? written by Jennifer Murphy and published by Temple University Press. This book was released on 2015-06-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is drug addiction a disease that can be treated, or is it a crime that should be punished? In her probing study, Illness or Deviance?, Jennifer Murphy investigates the various perspectives on addiction, and how society has myriad ways of handling it—incarcerating some drug users while putting others in treatment. Illness or Deviance? highlights the confusion and contradictions about labeling addiction. Murphy’s fieldwork in a drug court and an outpatient drug treatment facility yields fascinating insights, such as how courts and treatment centers both enforce the “disease” label of addiction, yet their management tactics overlap treatment with “therapeutic punishment.” The “addict" label is a result not just of using drugs, but also of being a part of the drug lifestyle, by selling drugs. In addition, Murphy observes that drug courts and treatment facilities benefit economically from their cooperation, creating a very powerful institutional arrangement. Murphy contextualizes her findings within theories of medical sociology as well as criminology to identify the policy implications of a medicalized view of addiction.
Book Synopsis The Ambiguity of Justice by : Thomas Hofstedt
Download or read book The Ambiguity of Justice written by Thomas Hofstedt and published by . This book was released on 2022-01-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Every man is guilty of all the good he did not do." (Voltaire)Peter Marsden was a lone murder victim, one of twenty-five thousand in a bloody year. But he was a United States senator in an era of fraught politics, so the list of suspects numbers in the millions and the question of motive looms large. Was the senator murdered for his politics or his infidelity? For his contemporary sins or the wrongs from his distant past? Because he was corrupt or because he wasn't? As a veteran homicide detective, Sergeant Susan Kimura was not impressed by celebrities, whether dead or alive, but Marsden's death challenges her conception of what justice is and how it is best served. She forms an alliance with the senator's widow, a woman who will discover that her husband of forty years was not at all what he seemed, and a soldier-of-fortune working out the difference between vengeance and atonement.Kimura's investigation spirals back in time, across decades and continents, exposing past crimes and ongoing corruption, finding seamy connections between Congress, coups in mineral-rich African nations and the murky world of military contractors. And at the other end of the human scale, it tells a story of a single individual's coping with questions of guilt, loyalty and goodness.
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Book Synopsis Reconstructing Rawls by : Robert S. Taylor
Download or read book Reconstructing Rawls written by Robert S. Taylor and published by Penn State Press. This book was released on 2015-11-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.
Book Synopsis Altruism in the Context of Economic Rationalistic Idelogies and Systems of Healthcare and Welfare Delivery. A Multi-Disciplinary Approach by : Donald Gates
Download or read book Altruism in the Context of Economic Rationalistic Idelogies and Systems of Healthcare and Welfare Delivery. A Multi-Disciplinary Approach written by Donald Gates and published by Lulu.com. This book was released on 2006-03 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the two apparently contradictory concepts of Altruism and Economic Rationalism in the context of Health and Welfare Delivery. It is multi-dsiciplinary and employs a number of diciplines including: Sociology, Economics, Theology, Religion, Eccesiology, History and Political Science.
Download or read book Illinois law review written by and published by . This book was released on 1912 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Family Ambiguity and Domestic Violence in Asia by : Maznah Mohamad
Download or read book Family Ambiguity and Domestic Violence in Asia written by Maznah Mohamad and published by Apollo Books. This book was released on 2013 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic violence in Asia is explored in this analysis through questions of family ambiguity and the relationship between concept, law, and strategy. Comparative experiences in the Asian context enable an examination of the effectiveness of family regulations and laws in diverse national, cultural, and religious settings. Key questions relate to the limits and relevance of the human rights discourse in resolving family conflicts; the extent to which power and control in intimate relationships can actually be regulated by a set of inanimate, homogeneous, and uniform policies and legislations; and how the state relates to the family as an ambiguous unit given state rules of governance that perpetuate unequal gender relations. Carefully considering the many components of domestic violence--such as state intervention versus the private domain and differences in legislation across Asia--the book offers new theoretical insights to the conceptualization of the family, culture, and law, and provides reasoned new perspectives on the effectiveness or inadequacy of present policies and enforcement strategies against domestic violence in Asia.
Book Synopsis Northwestern University Law Review by :
Download or read book Northwestern University Law Review written by and published by . This book was released on 1912 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Political Theory and Partisan Politics by : Edward Bryan Portis
Download or read book Political Theory and Partisan Politics written by Edward Bryan Portis and published by State University of New York Press. This book was released on 2012-02-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political theorists typically define political action in terms of rational potential rather than conflict, and for this reason neglect the partisan nature of political experience. This volume redresses this neglect, focusing on the interrelated questions of whether the task of political theory is to find some means of containing partisan politics and whether political theory is itself separate from partisan politics. Each section of the book corresponds to one of three ways of conceiving the optimal or necessary relationship between political theory and partisan political struggle. The first section considers the extent to which partisan politics requires constitutional consensus and the degree to which such a consensus requires correct theoretical underpinnings. The second focuses on the compatibility of theoretical deliberation with partisan politics, and the third on the possibility that political theory is itself necessarily a form or means of partisan engagement. The end result is a theoretically diverse but focused debate on this important but neglected subject. Contributors include William E. Connolly, Mary G. Dietz, Adolf G. Gundersen, John G. Gunnell, Donald S. Lutz, Edward Bryan Portis, Arlene W. Saxonhouse, Ruth Lessl Shively, and Thomas A. Spragens, Jr.
Book Synopsis Justice, Crime, and Ethics by : Michael C. Braswell
Download or read book Justice, Crime, and Ethics written by Michael C. Braswell and published by Routledge. This book was released on 2010-12-29 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions in this book examine ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. Comprehensive coverage is achieved through focus on law enforcement, legal practice, sentencing, corrections, research, crime control policy and philosophical issues. The seventh edition includes three new chapters focusing on deception in police interrogation; using ethical dilemmas in training police; and terrorism and justice. Essays are enhanced with case studies and exercises designed to stimulate critical and creative thinking regarding ethical issues in crime and justice. Discussion questions and lists of key concepts focus readers and help them to understand ethics in the context of the criminal justice system.
Book Synopsis Report of Cases Decided in the Supreme Court of the State of Georgia by : Georgia. Supreme Court
Download or read book Report of Cases Decided in the Supreme Court of the State of Georgia written by Georgia. Supreme Court and published by . This book was released on 1912 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ... by : Georgia. Supreme Court
Download or read book Reports of Cases in Law and Equity, Argued and Determined in the Supreme Court of the State of Georgia, in the Year ... written by Georgia. Supreme Court and published by . This book was released on 1905 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ambiguity in EU Law by : Sofiya Kartalova
Download or read book Ambiguity in EU Law written by Sofiya Kartalova and published by Taylor & Francis. This book was released on 2022-10-07 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ambiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU’s strategic use of ambiguity. Ambiguity is here transformed from an underestimated or misunderstood detail of undetermined significance to a desirable systemic feature of the EU legal order with concrete properties and impact. Ambiguity as the implicit basis of the CJEU’s decision-making is shown to be strategically valuable for the implementation of the authority of EU law at some of the most pivotal moments in the evolution of the EU legal order. This interdisciplinary investigation presents in-depth linguistic and legal analysis of ambiguity found in the text of key provisions of EU Treaties and in the language of some of the CJEU’s leading preliminary rulings in the area of fundamental rights, freedom of movement and EU citizenship. The book suggests a categorisation of examples, basic guidance about the type of case and situation where the phenomenon is likely to emerge as well as an assessment of the advantages and disadvantages of this unusual judicial technique. The book will be a valuable resource for researchers and academics working in the areas of Law and Language, Public International Law, EU Law and Multilingualism.
Book Synopsis Tragic Ambiguity by : Th.C.W. Oudemans
Download or read book Tragic Ambiguity written by Th.C.W. Oudemans and published by BRILL. This book was released on 1987-06-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Material /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter One: Introduction /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Two: Separative Cosmologies /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Three: Interconnected Cosmologies /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Four: Aspects of Ancient Greek Cosmology /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Five: Existing Interpretations of Sophocles' Antigone /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Six: The Stasima of Sophocles' Antigone /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Seven: The Episodes of Sophocles' Antigone /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Chapter Eight: Tragedy and some Philosophers /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Bibliography /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Index Locorum /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Index of Selected Topics /Th.C.W. Oudemans and A.P.M.H. Lardinois -- Index of Proper NAMES /Th.C.W. Oudemans and A.P.M.H. Lardinois.
Download or read book Ambiguity written by Susanne Winkler and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-03-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume investigates the concept of ambiguity and how it manifests itself in language and communication from a new perspective. The main goal is to uncover a great mystery: why can we communicate effectively despite the fact that ambiguity is pervasive in the language that we use? And conversely, how do speakers and hearers use ambiguity and vagueness to achieve a specific goal? Comprehensive answers to these questions are provided from different fields which focus on the study of language, in particular, linguistics, literary criticism, rhetoric, psycholinguistics, theology, media studies and law. By bringing together these different disciplines, the book documents a radical change in the research on ambiguity. The innovation is brought about by the transdisciplinary perspective of the individual and co-authored papers that bridge the gaps between disciplines. The research program that underlies this volume establishes theoretical connections between the areas of (psycho)linguistics that concentrate on the question of how the system of language works with the areas of rhetoric, literary studies, theology and law that focus on the question of how communication works in discourse and text from the perspective of both production and perception. A three-dimensional Ambiguity Model is presented that serves as a theoretical anchor point for the analyses of the different types of ambiguities by the contributors of this volume. The Ambiguity Model is a hybrid model which brings together the different perspectives on how language and the language system work with respect to ambiguity as well as the question of how ambiguity is employed in communication and in different communicational settings. A set of specific features that are relevant for the description of ambiguity, such as whether the ambiguity arises in the production or perception process, and whether it occurs in strategic or nonstrategic communication, are defined. The research program rests on the assumption that both the production and the perception of ambiguity, as well as its strategic and nonstrategic occurrence, can only be understood by exploring how these factors interact with each other and a reference system when ambiguity is generated and resolved. The collection Ambiguity: Language and Communication constitutes a superb introduction to the workings of ambiguity in language and communication along with extensive analyses of many different examples from different fields. As such it is relevant for students of linguistics, literary studies, rhetoric, law and theology and at the same time there is sufficient quality analysis and new research questions to benefit advanced readers who are interested in ambiguity.
