Justice And Injustice In Law And Legal Theory

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 0472023683
Total Pages : 182 pages
Book Rating : 4.84/5 ( download)

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Download or read book Justice and Injustice in Law and Legal Theory written by Austin Sarat and published by University of Michigan Press. This book was released on 2009-11-11 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Running 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 in Justice and Injustice in Law and Legal Theory seek 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.

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9401577064
Total Pages : 333 pages
Book Rating : 4.69/5 ( download)

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Download or read book Giving Desert Its Due written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

Author : Barry E. Hill
Publisher : Environmental Law Institute
ISBN 13 : 9781585761241
Total Pages : 500 pages
Book Rating : 4.49/5 ( download)

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Download or read book Environmental Justice written by Barry E. Hill and published by Environmental Law Institute. This book was released on 2009 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental risks and harms affect certain geographic areas and populations more than others. The environmental justice movement is aimed at having the public and private sectors address this disproportionate burden of risk and exposure to pollution in minority and/or low-income communities, and for those communities to be engaged in the decision-making processes. Environmental Justice provides an overview of this defining problem and explores the growth of the environmental justice movement. It analyzes the complex mixture of environmental laws and civil rights legal theories adopted in environmental justice litigation. Teachers will have online access to the more than 100 page Teachers Manual.

Author : John C. Anderson
Publisher : Penn State Press
ISBN 13 : 0271040041
Total Pages : 253 pages
Book Rating : 4.42/5 ( download)

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Download or read book Why Lawyers Derail Justice written by John C. Anderson and published by Penn State Press. This book was released on 2010-11-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Eric Heinze
Publisher : Routledge
ISBN 13 : 0415524415
Total Pages : 224 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Concept of Injustice written by Eric Heinze and published by Routledge. This book was released on 2013 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Concept of Injustice insists upon a re-thinking of Western theories of Justice, arguing that injustice, not justice, should be the focus of our attention.

Author : David Lyons
Publisher : Cambridge University Press
ISBN 13 : 9780521438353
Total Pages : 250 pages
Book Rating : 4.57/5 ( download)

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Download or read book Moral Aspects of Legal Theory written by David Lyons and published by Cambridge University Press. This book was released on 1993-01-29 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.

Author : Herlinde Pauer-Studer
Publisher : Cambridge University Press
ISBN 13 : 110715930X
Total Pages : 283 pages
Book Rating : 4.03/5 ( download)

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Download or read book Justifying Injustice written by Herlinde Pauer-Studer and published by Cambridge University Press. This book was released on 2020-09-24 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 pages
Book Rating : 4.49/5 ( download)

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Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Author : Jennifer Balint
Publisher : University of Michigan Press
ISBN 13 : 0472131680
Total Pages : 219 pages
Book Rating : 4.86/5 ( download)

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Download or read book Keeping Hold of Justice written by Jennifer Balint and published by University of Michigan Press. This book was released on 2020-02-17 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.

Author : J.K. Feibleman
Publisher : Springer Science & Business Media
ISBN 13 : 9401094497
Total Pages : 208 pages
Book Rating : 4.98/5 ( download)

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Download or read book Justice, Law and Culture written by J.K. Feibleman and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.