- Table View
- List View
Judgment Day: Judicial Decision Making at the International Criminal Tribunals
by Rosa Aloisi James MeernikThis book demonstrates how, after many years of inactivity after the World War II tribunals, judges at the Yugoslav, Rwanda and Sierra Leone tribunals, and to a lesser extent the International Criminal Court, have seized the opportunity to develop international law on war crimes, crimes against humanity and genocide. Meernik and Aloisi argue that judges are motivated by a concern for human rights protection and the legacy of international criminal justice. They have progressively expanded the reach of international law to protect human rights and have used the power of their own words to condemn human rights atrocities. Judges have sentenced the guilty to lengthy and predictable terms in prison to provide justice, deterrence of future violations and even to advance peace and reconciliation. On judgment day, we show that judges have sought to enhance the power of international justice.
Judgments of Love in Criminal Justice
by Farhad MalekianThis volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i. e. legality, morality and love. The norm love is derived from human reason for man's advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century. A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence
by Nihal JayawickramaSince the 1948 Universal Declaration of Human Rights, over 140 countries have incorporated human rights standards into their legal systems: the resulting jurisprudence from diverse cultural traditions brings new dimensions to concepts first articulated in the 1948 Declaration. Nihal Jayawickrama draws on all available sources to encapsulate the judicial interpretation of human rights law in one ambitious, comprehensive volume. Jayawickrama covers the case law of the superior courts of over eighty countries in North America, Europe, Africa, Asia, and the Pacific, and the jurisprudence of the UN Human Rights monitoring bodies, the European Court of Human Rights, and of the Inter-American system. He analyses the judicial application of human rights law to demonstrate empirically the universality of contemporary human rights norms. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, as well as academics and students of both constitutional law and the international law of human rights.
Judicial Independence and the American Constitution: A Democratic Paradox
by Martin RedishThe Framers of the American Constitution took special pains to ensure that the governing principles of the republic were insulated from the reach of simple majorities. Only super-majoritarian amendments could modify these fundamental constitutional dictates. The Framers established a judicial branch shielded from direct majoritarian political accountability to protect and enforce these constitutional limits. Paradoxically, only a counter-majoritarian judicial branch could ensure the continued vitality of our representational form of government. This important lesson of the paradox of American democracy has been challenged and often ignored by office holders and legal scholars. Judicial Independence and the American Constitution provocatively defends the centrality of these special protections of judicial independence. Martin H. Redish explains how the nation's system of counter-majoritarian constitutionalism cannot survive absent the vesting of final powers of constitutional interpretation and enforcement in the one branch of government expressly protected by the Constitution from direct political accountability: the judicial branch. He uncovers how the current framework of American constitutional law has been unwisely allowed to threaten or undermine these core precepts of judicial independence.
Judicial Process In America
by Robert A. Carp Kenneth L. Manning Lisa M. Holmes Ronald StidhamThe book considers judges, lawyers, and litigants, as well as the variables at play in judicial decision making. In this Tenth Edition, the authors examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court's patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behaviour of the Obama trial judges--which are unavailable anywhere else--ensure this text's position as a standard bearer in the field. New to This Edition Comprehensive analysis of court dynamics, including the impact of three women on the U. S. Supreme Court; Chief Justice John G. Roberts' leadership on the Supreme Court; the new Attorney General of the United States, Loretta Lynch; the voting patterns of Democrats and Republicans on the trial court bench; and the decisional patterns of the Obama appointees. New coverage of current topics: Gay and lesbian rights, including analysis of Obergefell v. Hodges The Hobby Lobby case and judicial lobbying The trial of the Boston Marathon bomber The legality of the use of drones at home and abroad The legal implications of disclosures by Edward Snowden via WikiLeaks The Supreme Court decisions on the Affordable Care Act The legal ramifications of the use of the Confederate battle flag by government entities Issues of immigration and deportations, including the so-called Dreamers.
Jung's Ethics: Moral Psychology and his Cure of Souls (Philosophy and Psychoanalysis)
by Dan MerkurThis volume presents the first organized study of Jung's ethics. Drawing on direct quotes from all of his collected works, interviews, and seminars, psychoanalyst and religious scholar Dan Merkur provides a compendium of Jung’s thoughts on various topics and themes that comprise his theoretical corpus—from the personal unconscious, repression, dreams, good and evil, and the shadow, to collective phenomena such as the archetypes, synchronicity, the psychoid, the paranormal, God, and the Self, as well as his contributions to clinical method and technique including active imagination, inner dialogue, and the process of individuation and consciousness expansion. The interconnecting thread in Merkur's approach to the subject matter is to read Jung’s work through an ethical lens. What comes to light is how Merkur systematically portrays Jung as a moralist, but also as a complex thinker who situates the human being as an instinctual animal struggling with internal conflict and naturalized sin. Merkur exposes the tension and development in Jung’s thinking by exploring his innovative clinical-technical methods and experimentation, such as through active imagination, inner dialogue, and expressive therapies, hence underscoring unconscious creativity in dreaming, symbol formation, engaging the paranormal, and artistic productions leading to expansions of consciousness, which becomes a necessary part of individuation or the working through process in pursuit of self-actualization and wholeness. In the end, we are offered a unique presentation of Jung’s core theoretical and clinical ideas centering on an ethical fulcrum, whereby his moral psychology leads to a cure of souls. Jung’s Ethics will be of interest to academics, scholars, researchers, and practitioners in the fields of Jungian studies and analytical psychology, ethics, moral psychology, philosophy, religious studies, and mental health professionals focusing on the integration of humanities and psychoanalysis.
Just a Journalist: On the Press, Life, and the Spaces Between (The William E. Massey Sr. lectures in American studies ; #2015)
by Linda GreenhouseA Pulitzer Prize–winning reporter who covered the Supreme Court for The New York Times, Linda Greenhouse trains an autobiographical lens on a moment of transition in U.S. journalism. Calling herself “an accidental activist,” she raises urgent questions about the role of journalists as citizens and participants in the world around them.
Just Research: Preparing For Practice (Aspen Coursebook Ser.)
by Laurel Currie Oates Anne EnquistJust Research provides students with the information and skills that will enable them to do thorough and cost-effective research as soon as they enter into practice. Highly respected authors Laurel Currie Oates and Anne Enquist describe the sources that can be used to research the most common types of legal issues, for example, issues governed by state statutes and regulations, issues governed by federal statutes and regulations, issues governed by local law, and issued governed by common law.
Just War Theory and Civilian Casualties: Protecting the Victims of War
by Marcus SchulzkeThere are strong moral and legal pressures against harming civilians in times of conflict, yet neither just war theory nor international law is clear about what responsibilities belligerents have to correct harm once it has been inflicted. In this book, Marcus Schulzke argues that military powers have a duty to provide assistance to the civilians they attack during wars, and that this duty is entailed by civilians' right to life. Schulzke develops new just war principles requiring belligerents to provide medical treatment and financial compensation to civilian victims, and then shows how these principles can be implemented in governmental, military, and international practice. He calls for a more individual-focused conception of international law and post-war justice for victims - as opposed to current state- or group-based reconstruction and reparation programs - which will provide a framework for protecting civilian rights.
Justice: The China Experience (Law In East Asia Ser.)
by Susan Trevaskes Flora Sapio Sarah Biddulph Elisa NesossiClaims about a pursuit of justice weave through all periods of China's modern history. But what do authorities mean when they refer to 'justice' and do Chinese citizens interpret justice in the same way as their leaders? This book explores how certain ideas about justice have come to be dominant in Chinese polity and society and how some conceptions of justice have been rendered more powerful and legitimate than others. This book's focus on 'how' justice works incorporates a concern about the processes that lead to the making, un-making and re-making of distinct conceptions of justice. Investigating the processes and frameworks through which certain ideas about justice have come to the political and social forefront in China today, this innovative work explains how these ideas are articulated through spoken performances and written expression by both the party-state and its citizenry.
Justice: A Beginner's Guide (Beginner's Guides)
by Raymond WacksIn this highly topical introduction, Professor Raymond Wacks explains and evaluates the leading theories of justice that have shaped our societies and their legislative and judicial systems, and explores the extent to which fundamental notions like fairness, equality and freedom are reflected in contemporary society. By analysing some of the world&’s most pressing challenges, including terrorism, corruption and migration, Justice: A Beginner&’s Guide shows how these ideas are applied in practice – and how far we still have to go to achieve social justice.
Justice and Empathy: Toward a Constitutional Ideal
by Robert A. Burt Frank Iacobucci Robert C. PostAn impassioned argument for the role of courts as a moral and social agent for change and protecting the vulnerable The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. Constitutional scholar Robert A. Burt explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective is his unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties.
Justice and Reconciliation in World Politics (Cambridge Studies in International Relations)
by Catherine Lualls for justice and reconciliation in response to political catastrophes are widespread in contemporary world politics. What implications do these normative strivings have in relation to colonial injustice? Examining cases of colonial war, genocide, forced sexual labor, forcible incorporation, and dispossession, Lu demonstrates that international practices of justice and reconciliation have historically suffered from, and continue to reflect, colonial, statist, and other structural biases. The continued reproduction of structural injustice and alienation in modern domestic, international, and transnational orders generates contemporary duties of redress. How should we think about the responsibility of contemporary agents to address colonial structural injustices, and what implications follow for the transformation of international and transnational orders? Redressing the structural injustices implicated in or produced by colonial politics requires strategies of decolonization, decentering, and disalienation that go beyond interactional practices of justice and reconciliation, beyond victims and perpetrators, and beyond a statist world order.
Justice for Victims of Crime
by Albin DearingThis book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state's criminal laws and instead reinterpreting it as a violation of human rights. The state's right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.
Justice Leah Ward Sears: Seizing Serendipity
by Rebecca DavisThis is the first full biography of Justice Leah Ward Sears. In 1992 Sears became the first woman and youngest justice to sit on the Supreme Court of Georgia. In 2005 she became the first African American woman to serve as chief justice of any state supreme court in the country. This book explores her childhood in a career military family; her education; her early work as an attorney; her rise through Georgia's city, county, and state court systems; and her various pursuits after leaving the supreme court in 2009, when she transitioned into a life that was no less active or public. <p><p> As the biography recounts Sears's life and career, it is filled with instances of how Sears made her own luck by demonstrating a sharpness of mind and sagacious insight, a capacity for grueling hard work, and a relentless drive to succeed. Sears also maintained a strict devotion to judicial independence and the rule of law, which led to decisions that would surprise conservatives and liberals alike, earned the friendship of figures as diverse as Ambassador Andrew Young and Justice Clarence Thomas, and solidified a reputation that would land her on the short list of replacements for two retiring U.S. Supreme Court justices. <p> As a woman, an African American, a lawyer, and a judge, Sears has known successes as well as setbacks. Justice Leah Ward Sears shows that despite political targeting, the death of her beloved father, a painful divorce, and a brother's suicide, she has persevered and prevailed.
Juvenile Justice In America (Eighth Edition)
by Clemens Bartollas Stuart J. MillerJuvenile Justice in America provides an in-depth look at the lives of juveniles, their experiences in society, and the consequences of those experiences. The text carefully examines the structures, procedures, policies, and problems of American juvenile justice agencies. The Eighth Edition places further emphasis on delinquency prevention, and features a new chapter on juvenile offender populations to give readers a more comprehensive view of delinquents. Boxed features in every chapter highlight the practical realities of working in the juvenile justice system. The careful balance of theory, evidence-based findings, and practical applications gives readers the most up-to-date insight into the state of juvenile justice in America today.
Kassenbuchführung: Allgemeine Grundlagen und Änderungen ab 2017 (essentials)
by Karin NickenigKarin Nickenig befasst sich in diesem essential in aller Kürze mit den aktuell bestehenden Regelungen zur Kassenbuchführung und den geplanten Änderungen ab dem Jahr 2017 durch das Gesetz zum Schutz vor Manipulationen an digitalen Grundaufzeichnungen („Kassengesetz“). Mit Hilfe dieses essentials erhält der Praktiker einen Überblick über die stets fortschreitende Komplexität der Regelungen zur Kassenbuchführung.
Kelsenian Legal Science and the Nature of Law
by Peter Langford Ian Bryan John McgarryThis book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Kierkegaard and Religion: Personality, Character, And Virtue (Cambridge Studies In Religion, Philosophy And Society )
by Sylvia WalshNo thinker has reflected more deeply on the role of religion in human life than Søren Kierkegaard, who produced in little more than a decade an astonishing number of works devoted to an analysis of the kind of personality, character, and spiritual qualities needed to become an authentic human being or self. <p><p>Understanding religion to consist essentially as an inward, passionate, personal relation to God or the eternal, Kierkegaard depicts the art of living religiously as a self through the creation of a kaleidoscope of poetic figures who exemplify the constituents of selfhood or the lack thereof. The present study seeks to bring Kierkegaard into conversation with contemporary empirical psychology and virtue ethics, highlighting spiritual dimensions of human existence in his thought that are inaccessible to empirical measurement, as well as challenging on religious grounds the claim that he is a virtue ethicist in continuity with the classical and medieval virtue tradition.<p> Explores and clarifies the concepts of personality, character, and virtue in Kierkegaard's thought.<p> Elucidates the dialectic of jest and earnestness, human agency and divine agency, human striving and grace in Kierkegaard's thought.<p> Relates Kierkegaard's concepts of personality, character, and virtue to alternative approaches in contemporary philosophy, theology, and empirical psychology.
Kierkegaard's God and the Good Life
by J. Aaron Simmons Michael Strawser Stephen MinisterKierkegaard's God and the Good Life focuses on faith and love, two central topics in Kierkegaard's writings, to grapple with complex questions at the intersection of religion and ethics. Here, leading scholars reflect on Kierkegaard's understanding of God, the religious life, and what it means to exist ethically. The contributors then shift to psychology, hope, knowledge, and the emotions as they offer critical and constructive readings for contemporary philosophical debates in the philosophy of religion, moral philosophy, and epistemology. Together, they show how Kierkegaard continues to be an important resource for understandings of religious existence, public discourse, social life, and how to live virtuously.
Kill and Be Killed: A Novel (Jack Dana #2)
by Louis BegleyMaster stylist Begley continues the story of Jack Dana, the former Marine Corps officer turned novelist whose quest to avenge his murdered uncle takes a new, more dangerous turn. The man who brutally murdered Uncle Harry is dead. In an effort to recover from the confrontation and collect himself, Jack takes refuge on Torcello, a small island in the Venetian lagoon, to return to his writing career. Even more urgently, he wants to win back Kerry, the beautiful lawyer who rejected him after the bloody episode with Harry's assassin.But events beyond Jack's control intervene: Kerry loses her life in circumstances that contradict everything Jack thinks he knew about her. Soon death begins to stalk Jack himself. It is impossible not to recognize in its drumbeat the machinations of Abner Brown, the man who orchestrated Harry's demise.Jack fights back, driven by cold rage and determination to complete his revenge. At his side is Kerry's best friend, the glamorous and enigmatic Heidi Krohn. Their quest will force Jack to plumb the abyss of depravity into which Kerry had sunk and face one of his fellow Marines who has embarked on a violent feud of his own. Reprising memorable characters from Killer, Come Hither and introducing dangerous new ones, Begley concludes Jack's harrowing vendetta with one last shocking twist.
Knowing the Score: What Sports Can Teach Us About Philosophy (And What Philosophy Can Teach Us About Sports)
by David PapineauIn Knowing the Score, philosopher David Papineau uses sports to illuminate some of modern philosophy's most perplexing questions. As Papineau demonstrates, the study of sports clarifies, challenges, and sometimes confuses crucial issues in philosophy. The tactics of road bicycle racing shed new light on questions of altruism, while sporting family dynasties reorient the nature v. nurture debate. Why do sports competitors choke? Why do fans think God will favor their team over their rivals? How can it be moral to deceive the umpire by framing a pitch? From all of these questions, and many more, philosophy has a great deal to learn.An entertaining and erudite book that ranges far and wide through the sporting world, Knowing the Score is perfect reading for armchair philosophers and Monday morning quarterbacks alike.
Kompendium der Unternehmensführung: Was ein Ingenieur über Unternehmen wissen muss
by Joachim Schneider Tom Kulms Andreas RoehderDieses Kompendium beschreibt wichtige Grundlagenkenntnisse in Bezug auf das Management von Unternehmen. Anhand von zahlreichen Fallbeispielen aus der Praxis erklärt das Buch z.B. Kostenrechnung, Bilanzen, den Shareholder Value oder auch wichtige Management-Methoden. Verständnisfragen mit dazugehörigen Lösungen zu jedem Themenblock dienen der Festigung und Vertiefung der gewonnenen Erkenntnisse. Das Buch richtet sich insbesondere an Studierende und Absolventen eines Ingenieurstudiums.
Konzept und Berufsbild des Feelgood-Managements (essentials)
by Ulrike Weber Sophia GesingDieses essential f#65533;hrt in das noch wenig bekannte und verbreitete Konzept des Feelgood-Managements, das vor allem in Start-ups entwickelt wurde, sowie das neue Berufsbild des Feelgood-Managers ein. Es zeigt die Chancen auf, durch Feelgood-Management das Engagement der Mitarbeiter sowie die Unternehmens- und F#65533;hrungskultur positiv zu beeinflussen und dadurch die Wettbewerbsf#65533;higkeit weiter zu steigern. Auch werden die Grenzen des Feelgood-Managements und seine m#65533;gliche Weiterentwicklung skizziert. So m#65533;chte das essential einen fundierten als auch praxisorientierten Zugang zum neuen Werteverst#65533;ndnis von Unternehmen erm#65533;glichen. Dabei wird Fachwissen und Expertise aus HR-Management kompetent integriert und neue Wege des Miteinanders aufgezeigt.