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Justice and Diplomacy: Resolving Contradictions in Diplomatic Practice and International Humanitarian Law
by Timothy W. Ryback Mark S. Ellis Yves DoutriauxDiplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.
Justice and Economic Violence in Transition (Springer Series in Transitional Justice #5)
by Dustin N. SharpThis book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial "root cause" is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the "next frontier" of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Justice and Empathy: Toward a Constitutional Ideal
by Robert C. Post Robert A. Burt Frank IacobucciAn 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 Faith: The Frank Murphy Story
by Greg ZipesFrank Murphy was a Michigan man unafraid to speak truth to power. Born in 1890, he grew up in a small town on the shores of Lake Huron and rose to become Mayor of Detroit, Governor of Michigan, and finally a U.S. Supreme Court Justice. One of the most important politicians in Michigan’s history, Murphy was known for his passionate defense of the common man, earning him the pun “tempering justice with Murphy.” Murphy is best remembered for his immense legal contributions supporting individual liberty and fighting discrimination, particularly discrimination against the most vulnerable. Despite being a loyal ally of Franklin Delano Roosevelt, when FDR ordered the removal of Japanese Americans during World War II, Supreme Court Justice Murphy condemned the policy as “racist” in a scathing dissent to the Korematsu v. United States decision—the first use of the word in a Supreme Court opinion. Every American, whether arriving by first class or in chains in the galley of a slave ship, fell under Murphy’s definition of those entitled to the full benefits of the American dream. Justice and Faith explores Murphy’s life and times by incorporating troves of archive materials not available to previous biographers, including local newspaper records from across the country. Frank Murphy is proof that even in dark times, the United States has extraordinary resilience and an ability to produce leaders of morality and courage.
Justice and Foreign Rule: On International Transitional Administration
by Daniel JacobCan foreign rule be morally justified? Since the end of the First World War, international transitional administrations have replaced dysfunctional states to create the conditions for lasting peace and democracy. In response to extreme state failure, the author argues, this form of foreign rule is not only justified, but a requirement of justice.
Justice and Injustice in Law and Legal Theory
by Austin Sarat Thomas R. KearnsRunning through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected inJustice and Injustice in Law and Legal Theoryseek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Justice and International Law in Meiji Japan: The María Luz Incident and the Dawn of Modernity (Routledge Research in Legal History)
by Giorgio Fabio ColomboThis book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
Justice and Natural Resources: Concepts, Strategies, and Applications
by Douglas Kenney Gerald Torres Kathryn Mutz Gary BrynerJust over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use. Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice. Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.
Justice and Peace in a Renewed Caribbean: Contemporary Catholic Reflections
by Anna Kasafi Perkins Donald Chambers Jacqueline PorterThis collection of critical essays and personal reflections explores the insights provided by official statements of the Roman Catholic Bishops of the Caribbean. In so doing, it presents a critical reading of the corpus with a view to presenting its relevance to the regional and global conversation on matters of human flourishing.
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 and Reform: Formative Years of the American Legal Service Programme
by Earl JohnsonThis is the first study of the origins, philosophy, creation, management, and impact of the American Legal Services Bureau. As such, it clearly and concisely describes the program’s role as a strategy for overcoming poverty. Timely, iifiportant, and unique, Justice and Reform provides the background and a comprehensive study of an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the twentieth century.
Justice and Responsibility— Sensitive Egalitarianism
by Robert C. RobinsonThis text explores the place to locate the cut between those inequalities for which it is fair to hold one responsible, and those for which it is not. The argument traces a thread of intellectual history, identifying a rejection of strong property rights which we inherit from Locke, and find in contemporary defenders of entitlements such as Nozick.
Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone (Law, Development and Globalization)
by Lisa DenneyJustice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.
Justice and Self-Interest
by Melvin J. Lerner Susan ClaytonThis volume argues that the commitment to justice is a fundamental motive and that, although it is typically portrayed as serving self-interest, it sometimes takes priority over self-interest. To make this case, the authors discuss the way justice emerges as a personal contract in children's development; review a wide range of research studying the influences of the justice motive on evaluative, emotional and behavioral responses; and detail common experiences that illustrate the impact of the justice motive. Through an extensive critique of the research on which some alternative models of justice are based, the authors present a model that describes the ways in which motives of justice and self-interest are integrated in people's lives. They close with a discussion of some positive and negative consequences of the commitment to justice.
Justice and the Capabilities Approach (The Library of Essays on Justice)
by Thom BrooksThe capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.
Justice and the Critique of Pure Psychology
by Edward E. SampsonThis academic text explores how pure psychology and social justice intersect. Critiques some of the psychological research on justice, and advocates a sociohistorical approach.
Justice and the Enemy: Nuremberg, 9/11, and the Trial of Khalid Sheikh Mohammed
by William ShawcrossSince the Nuremberg Trials of 1945, lawful nations have struggled to impose justice around the world, especially when confronted by tyrannical and genocidal regimes. But in Cambodia, the USSR, China, Bosnia, Rwanda, and beyond, justice has been served haltingly if at all in the face of colossal inhumanity. International Courts are not recognized worldwide. There is not a global consensus on how to punish transgressors. The war against Al Qaeda is a war like no other. Osama bin Laden, Al Qaeda's founder, was killed in Pakistan by Navy Seals. Few people in America felt anything other than that justice had been served. But what about the man who conceived and executed the 9/11 attacks on the US, Khalid Sheikh Mohammed? What kind of justice does he deserve? The U. S. has tried to find the high ground by offering KSM a trial - albeit in the form of military tribunal. But is this hypocritical? Indecisive? Half-hearted? Or merely the best application of justice possible for a man who is implacably opposed to the civilization that the justice system supports and is derived from? In this book, William Shawcross explores the visceral debate that these questions have provoked over the proper application of democratic values in a time of war, and the enduring dilemma posed to all victors in war: how to treat the worst of your enemies.
Justice and the Ethics of Legal Interpretation
by Susanna Lindroos-HovinheimoJustice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.
Justice and the Slaughter Bench: Essays on Law's Broken Dialectic
by Alan NorrieIn this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life
by Richard DawsonThe meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.
Justice as Fairness: A Restatement (Reprints In Philosophy Ser.)
by John RawlsThis book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s. In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings. Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.
Justice as Friendship: A Theory of Law
by Seow Hon TanThis book explores the question of justification of law. It examines some perennial jurisprudential debates and suggests that law must find its justification in morality. Drawing upon the Aristotelian inspiration that friends have no need for justice - in (ideal) friendship, we behave justly - Seow Hon Tan develops a theory of law based on the universal phenomenon of friendship. Friendships and legal relations attract rights and obligations by virtue of the manner in which parties are situated. Friendship teaches us that how parties are situated gives rise to legitimate expectations; it attests to the intrinsic worth of each person. The methodology for deciphering norms within, and moral lessons from, friendship can be transposed to law, resulting in an inter-subjectively agreeable and rich conception of justice. In determining the content of legal rights and obligations, we can and should draw upon such determination in friendship. Justice as Friendship aims to provide a vision for law’s development and invites the practitioner to advance its central claims in their area of expertise. In dealing with selected legal doctrines, the book draws upon illustrative cases from the United States, the United Kingdom, and the Commonwealth. The book traverses the fields of jurisprudence, philosophy, ethics, political theory, contract law, and tort law.
Justice as Improvisation: The Law of the Extempore
by Sara RamshawJustice as Improvisation: The Law of the Extempore theorises the relationship between justice and improvisation through the case of the New York City cabaret laws. Discourses around improvisation often imprison it in a quasi-ethical relationship with the authentic, singular ‘other’. The same can be said of justice. This book interrogates this relationship by highlighting the parallels between the aporetic conception of justice advanced by the late French philosopher Jacques Derrida and the nuanced approach to improvisation pursued by musicians and theorists alike in the new and emerging interdisciplinary field of Critical Studies in Improvisation (CSI). Justice as Improvisation re-imagines justice as a species of improvisation through the formal structure of the most basic of legal mechanisms, judicial decision-making, offering law and legal theory a richer, more concrete, understanding of justice. Not further mystery or mystique, but a negotiation between abstract notions of justice and the everyday practice of judging. Improvisation in judgment calls for ongoing, practical decision-making as the constant negotiation between the freedom of the judge to take account of the otherness or singularity of the case and the existing laws or rules that both allow for and constrain that freedom. Yes, it is necessary to judge, yes, it is necessary to decide, but to judge well, to decide justly, that is a music lesson perhaps best taught by critical improvisation scholars.
Justice as a Virtue: A Thomistic Perspective
by Jean Porter“Aquinas,” says Jean Porter, “gets justice right.” In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions, as John Rawls and his interlocutors have described it — and as most people think of it today. Porter presents a thoughtful interpretation of Aquinas’s account of the complex virtue of justice as set forth in the Summa theologiae, focusing on his key claim that justice is a perfection of the will. Building on her interpretation of Aquinas on justice, Porter also develops a constructive expansion of his work, illuminating major aspects of Aquinas’s views and resolving tensions in his thought so as to draw out contemporary implications of his account of justice that he could not have anticipated.