Download or read book Justice and the Slaughter Bench written by Alan William Norrie and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 7 Justice on the slaughter bench: the problem of war guilt in Arendt and Jaspers -- 8 Ethics and history: can critical lawyers talk of good and evil? -- 9 Law, ethics and socio-history: the case of freedom -- 10 Responsibility and the metaphysics of justice -- Bibliography -- Index
Download or read book Justice and the Slaughter Bench written by Alan Norrie and published by Routledge. This book was released on 2016-09-19 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 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.
Download or read book Does History Make Sense written by Terry Pinkard and published by Harvard University Press. This book was released on 2017-02-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hegel’s philosophy of history—which most critics view as a theory of inevitable progress toward modern European civilization—is widely regarded as a failure today. In Does History Make Sense? Terry Pinkard argues that Hegel’s understanding of historical progress is not the kind of teleological or progressivist account that its detractors claim, but is based on a subtle understanding of human subjectivity. Pinkard shows that for Hegel a break occurred between modernity and all that came before, when human beings found a new way to make sense of themselves as rational, self-aware creatures. In Hegel’s view of history, different types of sense-making become viable as social conditions change and new forms of subjectivity emerge. At the core of these changes are evolving conceptions of justice—of who has authority to rule over others. In modern Europe, Hegel believes, an unprecedented understanding of justice as freedom arose, based on the notion that every man should rule himself. Freedom is a more robust form of justice than previous conceptions, so progress has indeed been made. But justice, like health, requires constant effort to sustain and cannot ever be fully achieved. For Hegel, philosophy and history are inseparable. Pinkard’s spirited defense of the Hegelian view of history will play a central role in contemporary reevaluations of the philosopher’s work.
Download or read book Law the Beautiful Soul written by Alan Norrie and published by Routledge. This book was released on 2013-03-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from concrete legal issues, Alan Norrie develops a critical vision of law in its relation to morality and socio-historical context. Traced historically, the conflicts he describes can be read today in law's treatment of legality and justice, judgment and responsibility. Joint winner of the Hart / Socio-Legal Studies Association Book Prize 2006.
Download or read book The Ethics of Time written by John Panteleimon Manoussakis and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Ethics of Time utilizes the resources of phenomenology and hermeneutics to explore this under-charted field of philosophical inquiry. Its rigorous analyses of such phenomena as waiting, memory, and the body are carried out phenomenologically, as it engages in a hermeneutical reading of such classical texts as Augustine's Confessions and Sophocles's Oedipus Rex, among others. The Ethics of Time takes seriously phenomenology's claim of a consciousness both constituting time and being constituted by time. This claim has some important implications for the “ethical” self or, rather, for the ways in which such a self informed by time, might come to understand anew the problems of imperfection and ethical goodness. Even though a strictly philosophical endeavour, this book engages knowledgeably and deftly with subjects across literature, theology and the arts and will be of interest to scholars throughout these disciplines.
Download or read book The Girl in the Gatehouse written by Julie Klassen and published by Bethany House. This book was released on 2011-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Miss Mariah Aubrey, banished after a scandal, hides herself away in a long-abandoned gatehouse on the far edge of a distant relative's estate. There, she supports herself and her loyal servant the only way she knows how--by writing novels in secret. Captain Matthew Bryant, returning to England successful and wealthy after the Napoleonic wars, leases an impressive estate from a cash-poor nobleman, determined to show the society beauty who once rejected him what a colossal mistake she made. When he discovers an old gatehouse on the property, he is immediately intrigued by its striking young inhabitant and sets out to uncover her identity, and her past. But the more he learns about her, the more he realizes he must distance himself. Falling in love with an outcast would ruin his well-laid plans. The old gatehouse holds secrets of its own. Can Mariah and Captain Bryant uncover them before the cunning heir to the estate buries them forever?
Download or read book Lectures on Justice Police Revenue and Arms written by Adam Smith and published by . This book was released on 1896 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs 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 CourtÕs race recordÑa 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 CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ 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 countryÕs promise of equal rights for all.
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Download or read book Time Temporality and Legal Judgment written by Tanzil Chowdhury and published by Routledge. This book was released on 2020-05-25 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and constituted by social structures. The consequences of this novel account of legal judgement are fourfold. The first is that judicial fact construction is not exclusively determined by the legal rule (s) but by adjudication’s production of temporalities. The second is that the selection between different adjudicative temporalities is generally indeterminate, though influenced by wider social structures. As will be argued, social structures, framed as a particular type of past produced by certain adjudicative temporalities, may either be incorporated in the rendering of the legal event or elided. The third is that, with the book’s focus on criminal law, different deployments of adjudicative temporalities effect responsibility ascription. Finally, it is argued that the demystification of time as that which structures event and subject formation reveals another way in which to uncover the politics of legal judgement and the potential for its transformative potential, through either its inclusion or its elision of social structures in adjudication’s determination of facts. This book will be of interest to students and scholars in the field of legal judgement, legal theory and jurisprudence.
Download or read book The Moral Psychology of Forgiveness written by Kathryn J. Norlock and published by Rowman & Littlefield. This book was released on 2017-05-24 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The feeling that one can’t get over a moral wrong is challenging even in the best of circumstances. This volume considers challenges to forgiveness in the most difficult circumstances. It explores forgiveness in criminal justice contexts, under oppression, after genocide, when the victim is dead or when bystanders disagree, when many different negative reactions abound, and when anger and resentment seem preferable and important. The book gathers together a diverse assembly of authors with publication and expertise in forgiveness, while centering the work of new voices in the field and pursuing new lines of inquiry grounded in empirical literature. Some scholars consider how forgiveness influences and is influenced by our other mental states and emotions, while other authors explore the moral value of the emotions attendant upon forgiveness in particularly challenging contexts. Some authors critically assess and advance applications of the standard view of forgiveness predominant in Anglophone philosophy of forgiveness as the overcoming of resentment, while others offer rejections of basic aspects of the standard view, such as what sorts of feelings are compatible with forgiving. The book offers new directions for inquiry into forgiveness, and shows that the moral psychology of forgiveness continues to enjoy challenges to its theoretical structure and its practical possibilities.
Download or read book Making the Modern Criminal Law written by Lindsay Farmer and published by Oxford University Press. This book was released on 2016 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminalization series arose from an interdisciplinary investigation into criminalization, focusing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fifth book in the series offers an historical and conceptual account of the criminal law, as it has developed in England and spread to common law jurisdictions around the world. It traces how and why criminal law has come to be accorded with a central role in securing civil order in modernity, and justifies who and what should be treated as criminal under the law. Farmer argues that the emergence of the modern state in which criminal law is recognized as an instrument of government is a result of the distinct body of rules which have emerged from the modern criminal law. Structured in two parts, the first traces the development of the modern criminal law, including jurisdiction, codification, and responsibility. The second part engages in a detailed analysis of the development of specific categories of criminal law, focusing on patterns of criminalization in relation to property offences, offences against the person, sexual offences, and civility.
Download or read book Justice and the Politics of Difference written by Iris Marion Young and published by Princeton University Press. This book was released on 2011-09-11 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.
Download or read book The Evolution of the Juvenile Court written by Barry C. Feld and published by NYU Press. This book was released on 2019-06-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences A major statement on the juvenile justice system by one of America’s leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system’s development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years—the ascendance of get tough crime policies and the more recent Supreme Court recognition that “children are different.” Feld’s comprehensive historical analyses trace juvenile courts’ evolution though four periods—the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today’s Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts’ policies and practices. Changes in juvenile courts’ ends and means—substance and procedure—reflect shifting notions of children’s culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths’ reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality—concentrated poverty in segregated urban areas—that disproportionately expose children of color to juvenile courts’ punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author’s past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
Download or read book The Slaughterhouse Cases written by Ronald M. Labbé and published by . This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: What makes someone responsible for a crime and therefore liable tof punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.
Download or read book Narratives of Mass Atrocity written by Sarah Federman and published by Cambridge University Press. This book was released on 2022-09-08 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a narrative approach to post-conflict intervention, showing how legalism following mass violence encourages dangerous binaries.
