Download or read book Justice for the Past written by Stephen Kershnar and published by State University of New York Press. This book was released on 2012-02-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice—where both the victims and perpetrators are long dead—cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.
Download or read book Doing Justice to History written by Barrie Sander and published by Oxford University Press, USA. This book was released on 2021-03-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.
Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
Download or read book Historical Justice and Memory written by Klaus Neumann and published by University of Wisconsin Pres. This book was released on 2015-07-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.
Download or read book Law History and Justice written by Annette Weinke and published by Berghahn Books. This book was released on 2018-12-17 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.
Download or read book A Brief History of Justice written by David Johnston and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brief History of Justice traces the development of the idea of justice from the ancient world until the present day, with special attention to the emergence of the modern idea of social justice. An accessible introduction to the history of ideas about justice Shows how complex ideas are anchored in ordinary intuitions about justice Traces the emergence of the idea of social justice Identifies connections as well as differences between distributive and corrective justice Offers accessible, concise introductions to the thought of several leading figures and schools of thought in the history of philosophy
Download or read book Teaching History for Justice written by Christopher C. Martell and published by Teachers College Press. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn how to enact justice-oriented pedagogy and foster students’ critical engagement in today’s history classroom. Over the past 2 decades, various scholars have rightfully argued that we need to teach students to “think like a historian” or “think like a democratic citizen.” In this book, the authors advocate for cultivating activist thinking in the history classroom. Teachers can use Teaching History for Justice to show students how activism was used in the past to seek justice, how past social movements connect to the present, and how democratic tools can be used to change society. The first section examines the theoretical and research foundation for “thinking like an activist” and outlines three related pedagogical concepts: social inquiry, critical multiculturalism, and transformative democratic citizenship. The second section presents vignettes based on the authors’ studies of elementary, middle, and high school history teachers who engage in justice-oriented teaching practices. Book Features: Outlines key components of justice-oriented history pedagogy for the history and social studies K–12 classroom.Advocates for students to develop “thinking like an activist” in their approach to studying the past.Contains research-based vignettes of four imagined teachers, providing examples of what teaching history for justice can look like in practice.Includes descriptions of typical units of study in the discipline of history and how they can be reimagined to help students learn about movements and social change.
Download or read book Justice for All written by Jim Newton and published by Penguin. This book was released on 2007-10-02 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U.S. history. In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.
Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.
Download or read book Remembrance History and Justice written by Vladimir Tismaneanu and published by Central European University Press. This book was released on 2015-01-01 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twentieth century has left behind a painful and complicated legacy of massive trauma, monstrous crimes, radical social engineering, creating collective/individual guilt syndromes that were often specters haunting the process of democratization in the various societies that have emerged out of these profoundly de-structuring contexts, such as Germany, Romania, Russia and others.
Download or read book Transitional Justice and the Former Soviet Union written by Cynthia M. Horne and published by Cambridge University Press. This book was released on 2018-02-22 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twenty-five years since the Soviet Union was dismantled, the countries of the former Soviet Union have faced different circumstances and responded differently to the need to redress and acknowledge the communist past and the suffering of their people. While some have adopted transitional justice and accountability measures, others have chosen to reject them; these choices have directly affected state building and societal reconciliation efforts. This is the most comprehensive account to date of post-Soviet efforts to address, distort, ignore, or recast the past through the use, manipulation, and obstruction of transitional justice measures and memory politics initiatives. Editors Cynthia M. Horne and Lavinia Stan have gathered contributions by top scholars in the field, allowing the disparate post-communist studies and transitional justice scholarly communities to come together and reflect on the past and its implications for the future of the region.
Download or read book Justice in Blue and Gray written by Stephen C. Neff and published by Harvard University Press. This book was released on 2010-06-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Download or read book Hijacked Justice written by Jelena Subotić and published by Cornell University Press. This book was released on 2011-02-23 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the appropriate political response to mass atrocity? In Hijacked Justice, Jelena Subotic traces the design, implementation, and political outcomes of institutions established to deal with the legacies of violence in the aftermath of the Yugoslav wars. She finds that international efforts to establish accountability for war crimes in the former Yugoslavia have been used to pursue very different local political goals.Responding to international pressures, Serbia, Croatia, and Bosnia have implemented various mechanisms of "transitional justice"—the systematic addressing of past crimes after conflicts end. Transitional justice in the three countries, however, was guided by ulterior political motives: to get rid of domestic political opponents, to obtain international financial aid, or to gain admission to the European Union. Subotic argues that when transitional justice becomes "hijacked" for such local political strategies, it fosters domestic backlash, deepens political instability, and even creates alternative, politicized versions of history. That war crimes trials (such as those in The Hague) and truth commissions (as in South Africa) are necessary and desirable has become a staple belief among those concerned with reconstructing societies after conflict. States are now expected to deal with their violent legacies in an institutional setting rather than through blanket amnesty or victor's justice. This new expectation, however, has produced paradoxical results. In order to avoid the pitfalls of hijacked justice, Subotic argues, the international community should focus on broader and deeper social transformation of postconflict societies, instead on emphasizing only arrests of war crimes suspects.
Download or read book Historical Justice written by Klaus Neumann and published by Routledge. This book was released on 2017-10-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: The yearning for historical justice – that is, for the redress of past wrongs – has become one of the defining features of our age. Governments, international bodies and civil society organisations address historical injustices through truth commissions, tribunals, official apologies and other transitional justice measures. Historians produce knowledge of past human rights violations, and museums, memorials and commemorative ceremonies try to keep that knowledge alive and remember the victims of injustices. In this book, researchers with a background in history, archaeology, cultural studies, literary studies and sociology explore the various attempts to recover and remember the past as a means of addressing historic wrongs. Case studies include sites of persecution in Germany, Argentina and Chile, the commemoration of individual victims of Nazi Germany, memories of life under South Africa’s apartheid regime, and the politics of memory in Israel and in Northern Ireland. The authors critique memory, highlight silences and absences, explore how to engage with the ghosts of the past, and ask what drives individuals, including professional historians, to strive for historical justice. This book was originally published as a special issue of Rethinking History.
Download or read book Simple Justice written by Richard Kluger and published by Vintage. This book was released on 2011-08-24 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education.
Download or read book Justice Denied written by Dr. Joe Wendel and published by Archway Publishing. This book was released on 2017-10-30 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has been inundated with horror stories about what the Germans did during the last century, but most Americans know little about what was done to the Germans or to German Americans. In Justice Denied, author Dr. Joe Wendel offers a complete picture to the story about how Germans and German Americans were treated. Presenting a balanced portrayal of history, Wendel discusses the destruction and the unconditional surrender of Germany and details many personal and emotional accounts about the mistreatment, the terror, the mass murder, the starvation blockade, the expulsions of millions of ethnic Germans, and the raping of thousands of German women by the occupying forces. Justice Denied gives us a wide-ranging history of Germany and German Americans, with a focus on providing insights into the two twentieth-century world wars from the viewpoint of a German American who lived in Austria during World War II. It offers compelling facts, interpretations, and points of view unfamiliar to most Americans, including the personal stories of German Americans sent to interment camps in World War II.
Download or read book Popular Justice written by Samuel Walker and published by . This book was released on 1998 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of this popular book, the author has thoroughly updated his analysis of the history of American criminal justice, exploring the tension between popular passions and the rule of law. Surveying the topic from the colonial era to the present day, Walker examines changing patterns in criminal activity, the institutional development of the system of criminal justice, and the major issues concerning the administration of justice. Comprehensive and concise, this book is the best single volume treatment of American criminal justice.
