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The Temporal Dimension Of Justice
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Book Synopsis The Temporal Dimension of Justice by : Santiago Truccone
Download or read book The Temporal Dimension of Justice written by Santiago Truccone and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-10-21 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should historical injustices always be repaired? Upon scrutinising public institutions and present holdings, it becomes evident that many are partially the result of past injustices. Consequently, the imperative to rectify and repair historical injustices emerges. However, as circumstances change over time and these changes affect justice, the argument for repairing historical injustices becomes more intricate. The distributive and reparative aspects of justice may be in tension with each other. Possible tensions between these aspects of justice are assessed by discussing the thesis about the supersession of historical injustices. Different facets of the supersession thesis are evaluated in two contexts. The first context, explored in the initial part of the book, examines whether and, if so, under what conditions, post-colonial injustices against 19th-century Latin American indigenous peoples should be repaired. The second context, explored later in the book, assesses how climate burdens should be distributed globally and how to respond to potential injustices arising from departures from a fair climate transition towards net-zero CO2 emissions societies. The book demonstrates that repairing historical injustices is compatible with the imperatives of distributive justice.
Author :Massimo Meccarelli Publisher :Max Planck Institute for European Legal History ISBN 13 :3944773055 Total Pages :304 pages Book Rating :4.9/5 (447 download)
Book Synopsis Spatial and Temporal Dimensions for Legal History by : Massimo Meccarelli
Download or read book Spatial and Temporal Dimensions for Legal History written by Massimo Meccarelli and published by Max Planck Institute for European Legal History. This book was released on 2016-07-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: http://dx.doi.org/10.12946/gplh6http://www.epubli.de/shop/buch/53894"The spatiotemporal conjunction is a fundamental aspect of the juridical reflection on the historicity of law. Despite the fact that it seems to represent an issue directly connected with the question of where legal history is heading today, it still has not been the object of a focused inquiry. Against this background, the book’s proposal consists in rethinking key confluences related to this problem in order to provide coordinates for a collective understanding and dialogue. The aim of this volume, however, is not to offer abstract methodological considerations, but rather to rely both on concrete studies, out of which a reflection on this conjunction emerges, as well as on the reconstruction of certain research lines featuring a spatiotemporal component. This analytical approach makes a contribution by providing some suggestions for the employment of space and time as coordinates for legal history. Indeed, contrary to those historiographical attitudes reflecting a monistic conception of space and time (as well as a Eurocentric approach), the book emphasises the need for a delocalized global perspective. In general terms, the essays collected in this book intend to take into account the multiplicity of the spatiotemporal confines, the flexibility of those instruments that serve to create chronologies and scenarios, as well as certain processes of adaptation of law to different times and into different spaces. The spatiotemporal dynamism enables historians not only to detect new perspectives and dimensions in foregone themes, but also to achieve new and compelling interpretations of legal history. As far as the relationship between space and law is concerned, the book analyses experiences in which space operates as a determining factor of law, e.g. in terms of a field of action for law. Moreover, it outlines the attempted scales of spatiality in order to develop legal historical research. With reference to the connection between time and law, the volume sketches the possibility of considering the factor of time, not just as a descriptive tool, but as an ascriptive moment (quasi an inner feature) of a legal problem, thus making it possible to appreciate the synchronic aspects of the ‘juridical experience’. As a whole, the volume aims to present spatiotemporality as a challenge for legal history. Indeed, reassessing the value of the spatiotemporal coordinates for legal history implies thinking through both the thematic and methodological boundaries of the discipline."
Book Synopsis Justice Back and Forth by : Richard Vernon
Download or read book Justice Back and Forth written by Richard Vernon and published by University of Toronto Press. This book was released on 2016-11-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas of justice have traditionally focused on what individuals owe to one another and have drawn our attention to what is considered fair – what one of us owes to another is justly matched by what the other owes to them. However, what does justice require us to do for past and future generations? In Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This “temporal justice” is examined in ten controversial cases including the duty to return historical artifacts, the ethics and politics of parenting, the punishment of historical offences, the right to procreate, and the imposition of constitutions on future citizens. By deftly weaving together discussions on historical redress and justice for future generations, Vernon reveals that these two opposing topics can in fact be used to illuminate each other. In doing so, he concludes that reciprocity can be adapted to serve intergenerational cases.
Book Synopsis Temporal Boundaries of Law and Politics by : Luigi Corrias
Download or read book Temporal Boundaries of Law and Politics written by Luigi Corrias and published by Routledge. This book was released on 2018-04-09 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, the changing role of time in society has once again taken centre stage in the academic debate. A prominent, but surely not the only, aspect of this debate hinges on the so-called acceleration of time and its societal consequences. Despite the fact that time is fundamental to the way in which law and politics function, the influence of the contemporary experience of time on law and politics remains underdeveloped. How, for example, does society’s structural acceleration impact on justice? Does law actually offer stability and predictability in an ever-changing global world? How can legal and political institutions function in the wake of ever-increasing uncertainty? Both law and politics employ time to order society but they are also limited in what can be effectuated by time. It is this very tension between temporal possibilities and limitations that the contributors to this collection – drawn from different fields of law, as well as from other disciplines – examine.
Book Synopsis Handbook of Energy Law in the Low-Carbon Transition by : Giuseppe Bellantuono
Download or read book Handbook of Energy Law in the Low-Carbon Transition written by Giuseppe Bellantuono and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-05-22 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The low-carbon transition is ongoing everywhere. This Handbook, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distils the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice. The Handbook can be drawn upon by legal scholars to compare decarbonisation pathways in several jurisdictions. Non-legal scholars can find information to be included in transition theories and decarbonization scenarios. Policymakers can discover contextual factors that should be taken into account when deciding how to support the transition.
Book Synopsis The Finnish Yearbook of International Law 1998 by : Kari Takamaa
Download or read book The Finnish Yearbook of International Law 1998 written by Kari Takamaa and published by Martinus Nijhoff Publishers. This book was released on 2000-08-01 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite its Finnish initiative and pedigrees, "The Finnish Yearbook of International Law" does not restrict itself to purely Finnish' topics. On the contrary, it reflects the many connections in law between the national and the international. "The Finnish Yearbook of International Law" annually publishes articles of high quality dealing with all aspects of international law, including international law aspects of European law, with close attention to developments that affect Finland. Its offerings include: longer articles of a theoretical nature, exploring new avenues and approaches; shorter polemics; commentaries on current international law developments; book reviews; and documentation of relevance to Finland's foreign relations not easily available elsewhere. "The Finnish Yearbook" offers a fertile ground for the expression of and reflection on the connections between Finnish law and international law as a whole and insight into the richness of this interaction.
Book Synopsis International Law for Humankind by : Antônio Augusto Cançado Trindade
Download or read book International Law for Humankind written by Antônio Augusto Cançado Trindade and published by BRILL. This book was released on 2010-07-12 with total page 719 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Cançado Trindade develops his Leitmotiv of identification of a corpus juris increasingly oriented to the fulfillment of the needs and aspirations of human beings, of peoples and of humankind as a whole. With the overcoming of the purely inter-State dimension of the discipline of the past, international legal personality has expanded, so as to encompass nowadays, besides States and international organizations, also peoples, individuals and humankind as subjects of International Law. The growing consciousness of the need to pursue universally-shared values has brought about a fundamental change in the outlook of International Law in the last decades, drawing closer attention to its foundations and, parallel to its formal sources, to its material source (the universal juridical conscience). He examines the conceptual constructions of this new International Law and identifies basic considerations of humanity permeating its whole corpus juris, disclosing the current processes of its humanization and universalization. Finally, he addresses the construction of the international rule of law, acknowledging the need and quest for international compulsory jurisdiction, in the move towards a new jus gentium, the International Law for humankind. This volume is an updated and revised version of the General Course on Public International Law delivered by the Author at The Hague Academy of International Law in 2005. Professor Cançado Trindade, Doctor honoris causa of seven Latin American Universities in distinct countries, was for many years Judge of the Inter-American Court of Human Rights, and President of that Court for half a decade (1999-2004). He is currently Judge of the International Court of Justice; he is also Member of the Curatorium of The Hague Academy of International Law, as well as of the Institut de Droit International, and of the Brazilian Academy of Juridical Letters.
Book Synopsis IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED” MERE PROVERBIAL by : Prahalad Rao
Download or read book IN INDIA: “JUSTICE DELAYED IS JUSTICE DENIED” MERE PROVERBIAL written by Prahalad Rao and published by Blue Rose Publishers. This book was released on 2024-07-10 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In India, the quote “Justice Delayed is Justice Denied” is frequently cited in legal proceedings, orders, and judgments. However, its impact has been minimal, leading to a rising backlog of cases, especially criminal ones. This issue has been discussed at governance and judicial levels, yet the situation continues to worsen. The author's conscience is compelled to address this proverb due to the severe mental toll on accused individuals in prolonged criminal trials. These delays, spanning years, leave the accused mentally imprisoned and living in torment. The judiciary, known for its sharp discernment, appears inconsistent in criminal cases. Accused individuals endure financial, physical, and mental torture without fault, often for over twenty-five years. If trials concluded within a reasonable five-year period, many could have been exonerated much sooner. Even the cruelest animal shows mercy, yet the current system subjects the accused to prolonged suffering unjustly.
Book Synopsis Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law by : Antônio Augusto Cançado Trindade
Download or read book Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law written by Antônio Augusto Cançado Trindade and published by Hotei Publishing. This book was released on 2015-01-27 with total page 1910 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the sixth in the Series The Judges, which collects and synthesizes the opinions of leading international Judges of the contemporary era who have contributed significantly to the progressive development of international law. The current volume contains a selection of the Individual Opinions of Judge Antônio A. Cançado Trindade, former Judge and President of the Inter-American Court of Human Rights, and since 2008 a Judge of the International Court of Justice. Many dwell on aspects of the increased humanization of international law. Elevating this body of norms, which have traditionally focused on purely inter-State relations, to a level where individuals and their suffering (projected in time) become a primary concern, is without doubt Antônio A. Cançado Trindade ́s major doctrinal contribution. Revisiting the traditional conceptions of the basis of State responsibility and of jurisdiction, the problems of amnesty laws, the prohibitions of jus cogens, the imperative of access to justice in the light of jus cogens, the obligations erga omnes of protection, the provisional measures of protection, locus standi in judicio and the international legal personality of the human person, jus standi and the international legal capacity of the human person, and developments in reparations, are but a few examples of the themes examined in the learned Opinions expressed by Judge Cançado Trindade at the Inter-American Court of Human Rights. The great achievement of Judge Cançado Trindade at the International Court of Justice has been to draw attention to this dimension, and to further its development in the international case-law, in the light of the universal juridical conscience and stressing the relevance of general principles of international law. In a significant number of cases the World Court acts today as a human rights court, dealing increasingly, albeit under the traditional umbrella of inter-State disputes, with situations that involve human suffering and lead it to find human rights violations. The volume includes a Preface by Dean Spielmann and a General Introduction by Andrew Drzemczewski. Two volume set. This title comprises volume 1 & 2. We also offer this title as part of a 3 volume set (isbn 9789004375048).
Book Synopsis Rape, Sexual Violence and Transitional Justice Challenges by : Janine Natalya Clark
Download or read book Rape, Sexual Violence and Transitional Justice Challenges written by Janine Natalya Clark and published by Routledge. This book was released on 2017-09-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is estimated that 20,000 people were subjected to rape and other forms of sexual violence during the 1992–1995 Bosnian war. Today, these men and women have been largely forgotten. Where are they now? To what extent do their experiences continue to affect and influence their lives, and the lives of those around them? What are the principal problems that these individuals face? Such questions remain largely unanswered. More broadly, the long-term consequences of conflict-related rape and sexual violence are often overlooked. Based on extensive interviews with male and female survivors from all ethnic groups in Bosnia-Herzegovina (BiH), this interdisciplinary book addresses a critical gap in the current literature on rape and sexual violence in conflict situations. In so doing, it uniquely situates and explores the legacy of these crimes within a transitional justice framework. Demonstrating that transitional justice processes in BiH have neglected the long-term effects of rape and sexual violence, it develops and operationalizes a new holistic approach to transitional justice that is based on an expanded conception of ‘legacy’ and has a wider application beyond BiH.
Book Synopsis The Political Value of Time by : Elizabeth F. Cohen
Download or read book The Political Value of Time written by Elizabeth F. Cohen and published by . This book was released on 2018-03 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses of why precise dates and quantities of time become critical to transactions over citizenship rights in liberal democracies.
Book Synopsis Handbook of Intergenerational Justice by : Joerg Chet Tremmel
Download or read book Handbook of Intergenerational Justice written by Joerg Chet Tremmel and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume undertake to establish the foundations and definitions of intergenerational justice and to explore its capacity to guide us in policy and public opinion judgments we must make to face unprecedented issues. . . We are changing the biosphere and using resources to an extent never contemplated in the history of ethics. Deterioration of our oceans, loss of topsoil, insecurity about potable water supplies, the ozone hole, global warming, and the question about how to handle high-level nuclear waste which remains lethal perhaps 400,000 years from now, are some examples whose consequences reach far beyond inherited principles and policies of responsibility to others. This Handbook works to open a path for debate, extension of our tradition and invention of new thinking on these issues. Craig Walton, University of Nevada, Las Vegas, US More than a Handbook, this collection is a landmark work showing the way to a new ethics of intergenerational responsibility. It raises, in the most comprehensive way, the overarching ethical questions of our time, What are the rights of future generations? and How might present generations establish a philosophical foundation for its responsibilities to generations to come? . Peter Blaze Corcoran, Center for Environmental and Sustainability Education, Florida Gulf Coast University, US This important book provides a rich menu of history, current theory, and future directions in constitutional law, philosophy of rights and justice, and the relations of economics and politics to time, institutions, and the common good. It is enlivened by back-and-forth discussions among the authors (including some disagreements), as well as by applications to important contemporary issues such as climate change, nuclear waste, and public debt. Theoretic considerations are nicely balanced with examples of the means adopted in a number of countries to establish a legal foundation for protection of the quality of life for future generations. Neva Goodwin, Tufts University, US Do we owe the future anything? If so, what and why? Our capacity to affect the lives of future generations is greater than ever before, but what principles should regulate our relationship with people who don t yet exist? This Handbook offers a comprehensive survey of the key debates and pathbreaking accounts of potential ways forward both ethical and institutional. Andrew Dobson, The Open University, UK This Handbook provides a detailed overview of various issues related to intergenerational justice. Comprising articles written by a distinguished group of scholars from the international scientific community, the Handbook is divided into two main thematic sections foundations and definitions of intergenerational justice and institutionalization of intergenerational justice. The first part clarifies basic terms and traces back the origins of the idea of intergenerational justice. It also focuses on the problem of intergenerational buck-passing in the ecological context; for example in relation to nuclear waste and the greenhouse effect. At the same time, it also sheds light on the relationship between intergenerational justice and economics, addressing issues such as public debt and financial sustainability. The innovative second part of the volume highlights how posterity can be institutionally protected, such as by inserting relevant clauses into national constitutions. Reading this volume is the best way to gain an overall knowledge of intergenerational justice an extremely salient and topical issue of our time. The Handbook is an important contribution to the literature and will be of great interest to academics and graduate students as well as readers interested in wider human rights issues.
Book Synopsis Constitutionalism by : Alejandro Linares Cantillo
Download or read book Constitutionalism written by Alejandro Linares Cantillo and published by Oxford University Press. This book was released on 2021-03-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.
Book Synopsis Law, Time and Historical Injustices by : Harison Citrawan
Download or read book Law, Time and Historical Injustices written by Harison Citrawan and published by Taylor & Francis. This book was released on 2024-12-09 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical assessment of how judges reason in the adjudication of historical injustices. The practice of adjudication in historical cases of injustice require that, in determining collective responsibility, judges impart meaning to past injuries. This book analyses the narrative mechanisms through which this meaning is produced. Focusing on three areas of adjudication–racial discrimination, post-colonial extractivism and the climate crisis–the book’s analysis focuses on the issue of time. It considers the interplay of how historical injustice adjudication is shaped by temporal presuppositions and how it enacts a particular idea of temporality. As experiences of injustice are narrated, the book demonstrates how some of those experiences are included and others are excluded within the process of adjudication. Drawing on legal theory, legal epistemology and the philosophy of time, the book thus offers an instructive, and provocative, account of how collective responsibility is determined in cases of historical injustice. This book will appeal to scholars working in the fields of legal theory, legal reasoning, socio-legal studies, comparative jurisprudence and transitional justice.
Book Synopsis Renmin Chinese Law Review by : Jichun Shi
Download or read book Renmin Chinese Law Review written by Jichun Shi and published by Edward Elgar Publishing. This book was released on 2024-11-08 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renmin Chinese Law Review, Volume 11 is the eleventh work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
Book Synopsis Law Without Future by : Jack Jackson
Download or read book Law Without Future written by Jack Jackson and published by University of Pennsylvania Press. This book was released on 2019-07-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative, sobering analysis of twenty-first century court cases that undermine the very idea of constitutional government As the 2000 decision by the Supreme Court to effectively deliver the presidency to George W. Bush recedes in time, its real meaning comes into focus. If the initial critique of the Court was that it had altered the rules of democracy after the fact, the perspective of distance permits us to see that the rules were, in some sense, not altered at all. Here was a "landmark" decision that, according to its own logic, was applicable only once and that therefore neither relied on past precedent nor lay the foundation for future interpretations. This logic, according to scholar Jack Jackson, not only marks a stark break from the traditional terrain of U.S. constitutional law but exemplifies an era of triumphant radicalism and illiberalism on the American Right. In Law Without Future, Jackson demonstrates how this philosophy has manifested itself across political life in the twenty-first century and locates its origins in overlooked currents of post-WWII political thought. These developments have undermined the very idea of constitutional government, and the resulting crisis, Jackson argues, has led to the decline of traditional conservatism on the Right and to the embrace on the Left of a studiously legal, apolitical understanding of constitutionalism (with ironically reactionary implications). Jackson examines Bush v. Gore, the post-9/11 "torture memos," the 2005 Terri Schiavo controversy, the Republican Senate's norm-obliterating refusal to vote on President Obama's Supreme Court nominee Merrick Garland, and the ascendancy of Donald Trump in developing his claims. Engaging with a wide array of canonical and contemporary political thinkers—including St. Augustine, Alexis de Tocqueville, Karl Marx, Martin Luther King Jr., Hannah Arendt, Wendy Brown, Ronald Dworkin, and Hanna Pitkin—Law Without Future offers a provocative, sobering analysis of how these events have altered U.S. political life in the twenty-first century in profound ways—and seeks to think beyond the impasse they have created.
Book Synopsis Cross-border Water Trade: Legal and Interdisciplinary Perspectives by : Piotr Szwedo
Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.