Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

Download or read book Access to Justice and Human Security written by Sindiso Mnisi Weeks and published by Routledge. This book was released on 2017-11-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.

Download or read book Uncertain Justice written by Laurence Tribe and published by Macmillan. This book was released on 2014-06-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings and their implications.

Download or read book Engaging Contradictions written by Charles R. Hale and published by Univ of California Press. This book was released on 2008-05-07 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars in many fields increasingly find themselves caught between the academy, with its demands for rigor and objectivity, and direct engagement in social activism. Some advocate on behalf of the communities they study; others incorporate the knowledge and leadership of their informants directly into the process of knowledge production. What ethical, political, and practical tensions arise in the course of such work? In this wide-ranging and multidisciplinary volume, leading scholar-activists map the terrain on which political engagement and academic rigor meet. Contributors: Ruth Wilson Gilmore, Edmund T. Gordon, Davydd Greenwood, Joy James, Peter Nien-chu Kiang, George Lipsitz, Samuel Martínez, Jennifer Bickham Mendez, Dani Nabudere, Jessica Gordon Nembhard, Jemima Pierre, Laura Pulido, Shannon Speed, Shirley Suet-ling Tang, João Vargas

Download or read book Making Law written by William J. Chambliss and published by Indiana University Press. This book was released on 1993-11-22 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: " . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.

Download or read book International Criminal Law written by BETH VAN. SLYE SCHAACK (RONALD C.) and published by Foundation Press. This book was released on 2020-11-27 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging primer presents the field of International Criminal Law (ICL) in new and accessible ways. It provides a concise summary of key ICL doctrines while also raising novel and interdisciplinary perspectives. It targets a wide range of audiences, including law and other graduate students studying international law and related disciplines, such as human rights, transitional justice, peacebuilding, and conflict resolution. The book will also be useful for those working in the field--including diplomats, mediators, government officials, and negotiators--who need to understand the foundations and core concepts of ICL. It offers a useful primer for someone new to the field, and provides thought-provoking discussions for more seasoned practitioners. Part I introduces the domain of ICL. Specific chapters are devoted to the different strands of the field's history; the web of institutions that apply and interpret ICL; how the rules of international law generally, and ICL in particular, are created; theories that attempt to explain why certain crimes are subject to international regulation; and the unique challenges posed by the principle of legality within ICL. Part II is devoted to the intersecting elements of the major crimes recognized by international law (war crimes, crimes against humanity, genocide, aggression, and terrorism), the unique development of modes of liability under international law (including superior responsibility, complicity, co-perpetration, and joint criminal enterprise), and some of the defenses that might be deployed to block or mitigate liability (immunities, amnesties, and excuses). The text ends with two synthesis chapters. The first provides an in-depth case study of Syria to illustrate the way in which members of the international community can attempt to invoke, and block access to, the architecture of ICL and related accountability mechanisms. The second revisits some of the fundamental objectives underlying ICL, the more trenchant critiques of the project of international justice, and the breadth of creativity underlying alternative mechanisms developed under the cognate fields of transitional justice and conflict resolution. More than a hornbook, the text goes beyond a straight doctrinal discussion of ICL and offers insightful and provocative insights into the field. In so doing, it highlights points of intersection and divergence within core doctrines and offers a candid assessment of challenges in the field and opportunities for growth and development.

Download or read book The Justice of Contradictions written by Richard L. Hasen and published by Yale University Press. This book was released on 2018-03-20 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Superbly written, filled with brilliant insights . . . Both liberals and conservatives will see Scalia and his legacy in a new and more illuminating light.” —Adam Winkler, author of Gunfight: The Battle Over the Right to Bear Arms in America Engaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia’s complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save. “Absorbing . . . [a] book that, at least for this reader, shed new light on the law and how it is made, interpreted, and applied.” —Los Angeles Review of Books

Download or read book The Contradictions of American Capital Punishment written by Franklin E. Zimring and published by Oxford University Press. This book was released on 2004-11-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does the United States continue to employ the death penalty when fifty other developed democracies have abolished it? Why does capital punishment become more problematic each year? How can the death penalty conflict be resolved? In The Contradictions of American Capital Punishment, Frank Zimring reveals that the seemingly insoluble turmoil surrounding the death penalty reflects a deep and long-standing division in American values, a division that he predicts will soon bring about the end of capital punishment in our country. On the one hand, execution would seem to violate our nation's highest legal principles of fairness and due process. It sets us increasingly apart from our allies and indeed is regarded by European nations as a barbaric and particularly egregious form of American exceptionalism. On the other hand, the death penalty represents a deeply held American belief in violent social justice that sees the hangman as an agent of local control and safeguard of community values. Zimring uncovers the most troubling symptom of this attraction to vigilante justice in the lynch mob. He shows that the great majority of executions in recent decades have occurred in precisely those Southern states where lynchings were most common a hundred years ago. It is this legacy, Zimring suggests, that constitutes both the distinctive appeal of the death penalty in the United States and one of the most compelling reasons for abolishing it. Impeccably researched and engagingly written, Contradictions in American Capital Punishment casts a clear new light on America's long and troubled embrace of the death penalty.

Download or read book Contradictions of Neoliberal Planning written by Tuna Taşan-Kok and published by Springer Science & Business Media. This book was released on 2011-09-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the concepts of ‘neoliberalism’ and ‘neoliberalisation,’ while in common use across the whole range of social sciences, have thus far been generally overlooked in planning theory and the analysis of planning practice. Offering insights from papers presented during a conference session at a meeting of the Association of American Geographers in Boston in 2008 and a number of commissioned chapters, this book fills this significant hiatus in the study of planning. What the case studies from Africa, Asia, North-America and Europe included in this volume have in common is that they all reveal the uneasy cohabitation of ‘planning’ – some kind of state intervention for the betterment of our built and natural environment – and ‘neoliberalism’ – a belief in the superiority of market mechanisms to organize land use and the inferiority of its opposite, state intervention. Planning, if anything, may be seen as being in direct contrast to neoliberalism, as something that should be rolled back or even annihilated through neoliberal practice. To combine ‘neoliberal’ and ‘planning’ in one phrase then seems awkward at best, and an outright oxymoron at worst. To admit to the very existence or epistemological possibility of ‘neoliberal planning’ may appear to be a total surrender of state planning to market superiority, or in other words, the simple acceptance that the management of buildings, transport infrastructure, parks, conservation areas etc. beyond the profit principle has reached its limits in the 21st century. Planning in this case would be reduced to a mere facilitator of ‘market forces’ in the city, be it gentle or authoritarian. Yet in spite of these contradictions and outright impossibilities, planners operate within, contribute to, resist or temper an increasingly neoliberal mode of producing spaces and places, or the revival of profit-driven changes in land use. It is this contradiction between the serving of private profit-seeking interests while actually seeking the public betterment of cities that this volume has sought to describe, explore, analyze and make sense of through a set of case studies covering a wide range of planning issues in various countries. This book lays bare just how spatial planning functions in an age of market triumphalism, how planners respond to the overruling profit principle in land allocation and what is left of non-profit driven developments.

Download or read book Fighting Words written by Patricia Hill Collins and published by U of Minnesota Press. This book was released on 1998 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: A professor of sociology explores how black feminist thought confronts the injustices of poverty and white supremacy, and argues that those operating outside the mainstream emphasize sociological themes based on assumptions different than those commonly accepted. Original. UP.

Download or read book An Uncertain Glory written by Jean Drèze and published by Princeton University Press. This book was released on 2013-08-11 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why India's problems won't be solved by rapid economic growth alone When India became independent in 1947 after two centuries of colonial rule, it immediately adopted a firmly democratic political system, with multiple parties, freedom of speech, and extensive political rights. The famines of the British era disappeared, and steady economic growth replaced the economic stagnation of the Raj. The growth of the Indian economy quickened further over the last three decades and became the second fastest among large economies. Despite a recent dip, it is still one of the highest in the world. Maintaining rapid as well as environmentally sustainable growth remains an important and achievable goal for India. In An Uncertain Glory, two of India's leading economists argue that the country's main problems lie in the lack of attention paid to the essential needs of the people, especially of the poor, and often of women. There have been major failures both to foster participatory growth and to make good use of the public resources generated by economic growth to enhance people's living conditions. There is also a continued inadequacy of social services such as schooling and medical care as well as of physical services such as safe water, electricity, drainage, transportation, and sanitation. In the long run, even the feasibility of high economic growth is threatened by the underdevelopment of social and physical infrastructure and the neglect of human capabilities, in contrast with the Asian approach of simultaneous pursuit of economic growth and human development, as pioneered by Japan, South Korea, and China. In a democratic system, which India has great reason to value, addressing these failures requires not only significant policy rethinking by the government, but also a clearer public understanding of the abysmal extent of social and economic deprivations in the country. The deep inequalities in Indian society tend to constrict public discussion, confining it largely to the lives and concerns of the relatively affluent. Drèze and Sen present a powerful analysis of these deprivations and inequalities as well as the possibility of change through democratic practice.

Download or read book Contradictions of Democracy written by Nicholas Rush Smith and published by Oxford University Press. This book was released on 2019-01-17 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.

Download or read book 9 11 Contradictions written by David Ray Griffin and published by Interlink Publishing Group. This book was released on 2008 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 9/11 Contradictions, David Ray Griffin shows that the official story about 9/11 is riddled with internal contradictions. Two contradictory statements cannot both be true, which therefore shows that individuals and agencies articulating the official story of 9/11 have made many false statements. Congress and the press clearly should then ask which of the contradictory statements are false and why they were made. This book is purely factual, simply laying out the fact that these internal contradictions exist. As such, the book contains no theory. Politicians and journalists who deal with the issues raised herein will therefore not be giving credence to some "conspiracy theory" about 9/11. They will simply be carrying out their duty to ask why the official story about 9/11, arguably the most fateful event of our time, is riddled with so many contradictions.

Download or read book Abe Fortas a Biography written by Laura Kalman and published by Yale University Press. This book was released on 1990-01-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: An engrossing intellectual biography... Kalman has set forth the bright and the dark sides of Abe Fortas in a well written, thoughtful biography that is a significant contribution to the literature on recent American history.

Download or read book Domestic Contradictions written by Priya Kandaswamy and published by Duke University Press. This book was released on 2021-07-06 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Domestic Contradictions, Priya Kandaswamy analyzes how race, class, gender, and sexuality shaped welfare practices in the United States alongside the conflicting demands that this system imposed upon Black women. She turns to an often-neglected moment in welfare history, the advent of the Freedmen's Bureau during Reconstruction, and highlights important parallels with welfare reform in the late twentieth century. Kandaswamy demonstrates continuity between the figures of the “vagrant” and “welfare queen” in these time periods, both of which targeted Black women. These constructs upheld gendered constructions of domesticity while defining Black women's citizenship in terms of an obligation to work rather than a right to public resources. Pushing back against this history, Kandaswamy illustrates how the Black female body came to represent a series of interconnected dangers—to white citizenship, heteropatriarchy, and capitalist ideals of productivity —and how a desire to curb these threats drove state policy. In challenging dominant feminist historiographies, Kandaswamy builds on Black feminist and queer of color critiques to situate the gendered afterlife of slavery as central to the historical development of the welfare state.

Download or read book Medical Education Politics and Social Justice written by Alan Bleakley and published by Routledge. This book was released on 2020-12-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses how politics and power affect the ways that medicine is taught and learned. Challenging society’s historic reluctance to connect the realm of politics to the realm of medicine, Medical Education, Politics and Social Justice: The Contradiction Cure emphasizes the need for medical students to engage with social justice issues, including global health crises resulting from the climate emergency, and the health implications of widening social inequality. Arguing for an increased focus on community-based learning, rather than acute care, this innovative text maps the territory of medicine’s contradictory engagement with politics as a springboard for creative curriculum design. It demonstrates why the socially disempowered - such as political and climate refugees, the homeless, or those without health insurance should be primary subjects of attention for medical students, while exploring how political engagement can be refined, sharp, cultivated and creative, engaging imagination and demanding innovation Exploring how the medical humanities can promote engagement with politics to improve medical education, this book is a ground-breaking and inspiring contribution. It is an essential read for all those with a focus on medical education and medical humanities, as well as medical and healthcare students with an interest in the social determinants of health.

Download or read book The Politics of Immigration written by James Hampshire and published by John Wiley & Sons. This book was released on 2014-01-28 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration is one of the most contested issues on the political agenda of liberal states across Europe and North America. While these states can be open and inclusive to newcomers, they are also often restrictive and exclusionary. The Politics of Immigration examines the sources of these apparently contradictory stances, locating answers in the nature of the liberal state itself. The book shows how four defining facets of the liberal state - representative democracy, constitutionalism, capitalism, and nationhood - generate conflicting imperatives for immigration policymaking, which in turn gives rise to paradoxical, even contradictory, policies. The first few chapters of the book outline this framework, setting out the various actors, institutions and ideas associated with each facet. Subsequent chapters consider its implications for different elements of the immigration policy field, including policies towards economic and humanitarian immigration, as well as citizenship and integration. Throughout, the argument is illustrated with data and examples from the major immigrant-receiving countries of Europe and North America. This book will be essential reading for students and researchers in migration studies, politics and international relations, and all those interested in understanding why immigration remains one of the most controversial and intractable policy issues in the Western world.