- Table View
- List View
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 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.
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.
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 Fairness: A Restatement
by John Rawls Erin KellyThis 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 at a Distance
by Loren E. LomaskyThe current global-justice literature starts from the premise that world poverty is the result of structural injustice mostly attributable to past and present actions of governments and citizens of rich countries. As a result, that literature recommends vast coercive transfers of wealth from rich to poor societies, alongside stronger national and international governance. Justice at a Distance, in contrast, argues that global injustice is largely home-grown and that these native restrictions to freedom lie at the root of poverty and stagnation. The book is the first philosophical work to emphasize free markets in goods, services, and labor as an ethical imperative that allows people to pursue their projects and as the one institutional arrangement capable of alleviating poverty. Supported by a robust economic literature, Justice at a Distance applies the principle of noninterference to the issues of wealth and poverty, immigration, trade, the status of nation-states, war, and aid.
Justice at War: Civil Liberties and Civil Rights During Times of Crisis
by Richard DelgadoThe status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
Justice Back and Forth: Duties to the Past and Future
by Richard VernonIdeas 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.
Justice Behind the Iron Curtain: Nazis on Trial in Communist Poland (German and European Studies)
by Gabriel Finder Alexander PrusinIn Justice Behind the Iron Curtain, Gabriel N. Finder and Alexander V. Prusin examine Poland’s role in prosecuting Nazi German criminals during the first decade and a half of the postwar era. Finder and Prusin contend that the Polish trials of Nazi war criminals were a pragmatic political response to postwar Polish society and Poles’ cravings for vengeance against German Nazis. Although characterized by numerous inconsistencies, Poland’s prosecutions of Nazis exhibited a fair degree of due process and resembled similar proceedings in Western democratic counties. The authors examine reactions to the trials among Poles and Jews. Although Polish-Jewish relations were uneasy in the wake of the extremely brutal German wartime occupation of Poland, postwar Polish prosecutions of German Nazis placed emphasis on the fate of Jews during the Holocaust. Justice Behind the Iron Curtain is the first work to approach communist Poland’s judicial postwar confrontation with the legacy of the Nazi occupation.
Justice Brennan: Liberal Champion
by Seth Stern Stephen WermielA sweeping insider look at the life of William Brennan, champion of free speech and widely considered the most influential Supreme Court justice of the twentieth centuryBefore his death, William Brennan granted Stephen Wermiel access to volumes of personal and court materials that are sealed to the public until 2017. These are what Jeffrey Toobin has called “a coveted set of documents” that includes Brennan’s case histories—in which he recorded strategies behind all the major battles of the past half century, including Roe v. Wade, affirmative action, the death penalty, obscenity law, and the constitutional right to privacy—as well as more personal documents that reveal some of Brennan's curious contradictions, like his refusal to hire female clerks even as he wrote groundbreaking women’s rights decisions; his complex stance as a justice and a Catholic; and details on Brennan’s unprecedented working relationship with Chief Justice Earl Warren. Wermiel distills decades of valuable information into a seamless, riveting portrait of the man behind the Court's most liberal era.
Justice, Care, and Value: A Values-Driven Theory of Care Ethics (Routledge Innovations in Political Theory)
by Thomas RandallIn Justice, Care, and Value Thomas Randall argues for the radical potential of care ethics as a distinct and preferable theory of distributive justice. Advancing the feminist literature, this book defends a vision of society that can best enable caring relations to flourish. Specifically, Randall proposes a values-driven theory of care ethics that derives normative criteria for evaluating the moral worth of caring relations and their surrounding institutions via a classification of the values of care. They argue that such a theory gives us unique and meaningful solutions to contemporary questions of distributive justice across personal, political, global, and intergenerational domains. In doing so, the book makes significant strides to engage care ethics with the broader moral and political philosophy literature. Topical and interdisciplinary, Randall demonstrates that care ethics has the conceptual resources to ground distributive theories of socialism, territorial and natural resource rights, obligations to future generations, and historic redress. The book will be of great interest to academics, researchers, and students of feminist philosophy, but also of liberalism, political economy, and theories of global and intergenerational justice.
The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics)
by Kathryn SikkinkAcclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.
Justice, Community and Globalization: Groundwork to a Communal-Cosmopolitanism
by Joshua AndersonThis book takes up the tension between globalization and community in order to articulate a new theory of global justice. Although the process of globalization is not new, its current manifestation and consequences are. At the same time, there is a growing recognition of the importance of community, identity and belonging. These two facts have generally been understood to be fundamentally in tension, both theoretically and descriptively. This book seeks to resolve this tension, and then draw out the implications for a theory of global justice and an understanding of the value and purpose of community. Importantly, the book argues, not only does an acceptance of the significance of the fact of globalization and the importance of community call for cosmopolitan duties and obligations, but it also calls into question the legitimacy and justification of the traditional nation-state. Aimed primarily at scholars working on issues related to political philosophy, globalization and global justice, the book will appeal to readers in law, politics, philosophy, and sociology.
Justice Corrupted: How the Left Weaponized Our Legal System
by Ted Cruz. . . with liberty and justice for some. The left has corrupted the U.S. legal system. Wielding the law as a weapon, arrogant judges and lawless prosecutors are intimidating, silencing, and even imprisoning Americans who stand in the way of their radical agenda. Their "enemies list" even includes parents who dare to speak up for their children at school board meetings. <p><p>In this shocking new book, Senator Ted Cruz takes readers inside the justice system, showing how the wrong hands on the levers of power can strangle liberty, crush opposition, and wreck lives. The notion of a "Democratic" or "Republican" Department of Justice is outrageous. That institution should safeguard the Constitutional rights of all Americans. <p><p>Justice Corrupted will equip patriots and lovers of liberty to hold their government accountable. <p> <b>New York Times Bestseller</b>
Justice, Crime, and Ethics
by Michael C. Braswell Bradley D. Edwards Belinda R. McCarthy Bernard J. McCarthyJustice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This 11th edition continues to deliver a broad scope of topics, focusing on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book’s robust coverage encompasses contentious issues such as capital punishment, prison corruption, and the use of deception in police interrogation. The 11th edition includes new material on the impact of social media on crime myths and political misconduct. Law enforcement issues including the George Floyd case and responding to domestic as well as foreign terrorism, including the January 6th insurrection in Washington, DC, are examined. The potential ethical implications of Roe v. Wade being overturned by the Supreme Court are also explored. Emerging issues in corporate misconduct are also discussed including healthcare fraud and corruption as well as crypto-currency fraud. Students of criminal justice, as well as instructors and professionals in the field, continue to rely on this thorough, dependable resource on ethical decision making in the criminal justice system.
Justice, Crime, and Ethics
by Michael C. Braswell Belinda R. Mccarthy Bernard J. MccarthyJustice, Crime, and Ethics, a leading textbook in criminal justice programs, examines 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 contributions in this book examine ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field.
Justice, Crime, and Ethics
by Michael C. Braswell Belinda R. McCarthy Bernard J. McCarthyJustice, Crime, and Ethics, a leading textbook in criminal justice programs, examines ethical dilemmas pertaining to the administration of criminal justice and professional activities in the field. This tenth edition continues to deliver a broad scope of topics, focusing on law enforcement, legal practice, sentencing, corrections, research, crime control policy, and philosophical issues. The book’s robust coverage encompasses contentious issues such as capital punishment, prison corruption, and the use of deception in police interrogation. The tenth edition includes new material in a number of chapters including "Learning Police Ethics," "Using Ethical Dilemmas in Training Police," "Prison Corruption," "Crime and Justice Myths," "Corporate Misconduct and Ethics," "Ethics and Criminal Justice Research," and "Ethical Issues in Confronting Terrorism." The use of "Case Studies," "Ethical Dilemmas," and "Policy and Ethics" boxes continues throughout the textbook. A new feature for this edition is the inclusion of "International Perspective" boxes in a number of relevant chapters. Students of criminal justice, as well as instructors and professionals in the field, continue to rely on this thorough, dependable resource on ethical decision making in the criminal justice system.
Justice Deferred: Race and the Supreme Court
by Orville Vernon Burton Armand DerfnerIn the first comprehensive accounting of the U.S. Supreme Court’s race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court’s race record—a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the Court’s race jurisprudence. Addressing nearly two hundred cases involving America’s racial minorities, the authors probe the parties involved, the justices’ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
Justice, Democracy and State in India: Reflections on Structure, Dynamics and Ambivalence
by Amarnath MohantyThis book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its performance and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites.
Justice Denied
by Marci A. HamiltonThere is a silent epidemic of childhood sexual abuse in the United States and a legal system that is not effectively protecting children from predators. Recent coverage of widespread abuse in the public schools and in churches has brought the once-taboo subject of childhood sexual abuse to the forefront. The problem extends well beyond schools and churches, though: the vast majority of survivors are sexually abused by family or family acquaintances with 90 percent of abuse never reported to the authorities. Marci A. Hamilton proposes a comprehensive yet simple solution: eliminate the arbitrary statutes of limitations for childhood sexual abuse so that survivors past and present can get into court. In Justice Denied, Hamilton predicts a coming civil rights movement for children and explains why it is in the interest of all Americans to allow victims of childhood sexual abuse this chance to seek justice when they are ready.al abuse this chance to seek justice when they are ready.
Justice Denied: Extraordinary miscarriages of justice
by James MortonAn incisive examination by the bestselling author of The Mammoth Book of Gangs of some of the many miscarriages of justice of this and the previous century, which have seen innocent men and women found guilty, and sometimes executed. This shocking 'manual of injustice' exposes wrongful convictions and acquittals as a result of the chicanery of some forensic scientists, over-zealous or negligent police officers under pressure to get results, incompetent lawyers, lying witnesses, bribed juries, judicial blunders and feeble politicians. Sometimes, however, it is truculent and uncooperative defendants who prove their own worst enemies. It shows the mistakes that can be made in the face of a baying public and a rabid press, mistakes which have seen innocent men and women found guilty, and sometimes executed, while others have served lengthy sentences. It reveals critical flaws in criminal justice systems throughout the world (it is estimated, for example, that two per cent of felony cases in America result in wrongful convictions). Morton explores folk devils and moral panics, both historical such as the 'witches' of Salem and and much more recent cases like that of the West Memphis Three. It considers cases of race hatred, the impact of DNA, fit-ups, fake 'experts', doubtful science and the long road to the court of appeal. He also looks at what happens to the victims of miscarriages of justice, whether they go on to prosper or, as is sadly so often the case, never really recover. How did the boxer Rubin 'The Hurricane' Carter come to be wrongly convicted of a triple homicide? The alibi of Joe Hill, the Industrial Workers of the World activist wrongly executed for the murder of a Utah grocer and his son, came too late to save him from execution. On the other hand, Lindy Chamberlain (famously portrayed by Meryl Streep in A Cry in the Dark), has finally, over thirty years after the fact, had her claim that her baby Azaria was taken by a dingo at Ayers Rock in the Australian Outback upheld by a coroner. Among many other cases, Morton also considers the 1910 case of two men convicted of the murder of a man still alive in 1926, and case of the West Memphis Three, who were convicted as teenagers in 1994 of the murders of three boys in Arkansas and released in 2011 in a plea bargain after eighteen years, though the prosecution still refuses to accept their innocence.