Download or read book Reconstructing Justice written by Franklin Strier and published by University of Chicago Press. This book was released on 1996-05-15 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.
Download or read book Reconstructing Restorative Justice Philosophy written by Dr Theo Gavrielides and published by Ashgate Publishing, Ltd.. This book was released on 2014-01-28 with total page 631 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
Download or read book Reconstructing Rawls written by Robert S. Taylor and published by Penn State Press. This book was released on 2015-11-10 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.
Download or read book Reconstructing Reality in the Courtroom written by W. Lance Bennett and published by Quid Pro Books. This book was released on 2014-03-13 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.
Download or read book Reconstructing Justice written by Franklin D. Strier and published by Praeger. This book was released on 1994-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States is so ensconced in the adversary system of trial justice that it has escaped serious public scrutiny. Yet it is replete with substantive deficiencies and injustices. As few others have, this book discusses and illustrates the major problems endemic to the adversary system in a scholarly but provocative fashion. Particular attention is given to the limitations of juries and the corrupting role trial attorneys often have on factfinding and jury decision-making. The book's most salient contribution is a comprehensive and detailed scheme of proposed reforms. Many are adopted from foreign trial systems and domestic alternative dispute resolution mechanisms; others are based on a long overdue revamping of the jury system. Is the basic procedural mechanism of the American trial just? Is the role behavior of the trial attorney essentially immoral? Are juries competent? Do attorney skills and tactics dictate trial outcomes more than do the merits of the cases? Do trial remedies really solve problems? These are some of the central issues this scholarly, but provocative book challenges us to confront. Transcending mere criticism of the trial system the author explores nonadversarial and less adversarial remedial alternatives from both domestic and foreign dispute resolution procedures. By eclectic adoption from these sources, plus some common sense reforms of the jury system, the author describes his vision of the courthouse of the future. Beginning with a comparison of the strategies used by the opposing attorneys in the two Rodney King trials, and their decisive effect on the outcomes, the opening chapter provides an overview of the major concepts and issues raised in the book. The second chapter explores the traditional justifications for the adversary system and jury trials, suggesting why we are captive to the notion that an adversarial trial is a just trial. Chapter Three discusses the many substantial criticisms of the American trial. Two of the most significant ones are examined and illuminated more intensively over the next two chapters: the questionable continuing viability of the lay jury in many kinds of cases; and the role of the attorney in flavoring--and often corrupting--the courtroom search for truth and justice. Chapter Six looks at domestic and foreign alternatives to adversarial trial court dispute resolution. In the final chapter, the author presents a comprehensive, detailed blueprint for reform to meet the inevitable needs of our trial system in the years to come. This book will have particular appeal to legal educators, practicing attorneys, judges and government administrators. But anyone with an abiding interest in the quality of trial justice will be intrigued by it.
Download or read book Reconstructing Reality in the Courtroom written by W. Lance Bennett and published by . This book was released on 1981 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors suggest that the American criminal trial is organized around storytelling. To document the validity of this theory, they make use of data from more than sixty trials covering a variety of offenses ranging from shoplifting to murder.
Download or read book Against Common Sense written by Kevin K. Kumashiro and published by Routledge. This book was released on 2013-02 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on his own experience teaching diverse grades and subjects, Kevin Kumashiro examines aspects of teaching and learning toward social justice, and suggests concrete implications for K-12 teachers and teacher educators.
Download or read book Restorative Justice written by Heather Strang and published by Routledge. This book was released on 2017-09-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The astonishing development of restorative justice practice over the past decade has inspired creative new thinking about the philosophy of punishment and principles of justice. Many of the questions raised in this book – such as the relationship between restorative and retributive justice and the values and processes which should guide restorative practice – are the subject of intense debates. With contributions from many of the most distinguished scholars in the field, this book analyzes the gap between philosophy and practice and the need for practice to be more informed by philosophy. This volume is a milestone in the development of those underlying principles which will direct the progress of restorative justice in the future.
Download or read book Reconstructing Justice Dharmashastras and Legal Reform written by Abhinav Kumar and published by OrangeBooks Publication. This book was released on 2024-03-21 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Reconstructing Justice: Dharmashastras and Legal Reform" the author, embarks on a transformative journey to rediscover the authentic roots of India's legal system. With a fervent commitment to dismantling the distorted narratives imposed by colonial rule, Abhinav offers a compelling exploration of India's rich cultural and philosophical heritage. In this illuminating book, Abhinav passionately argues for the restoration of India's original legal paradigm, untainted by foreign influences. Drawing from historical sources and ancient texts, he meticulously deconstructs the false reality propagated by colonial powers and unveils the timeless wisdom embedded within India's indigenous legal traditions.
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Download or read book Cause written by Tonya Bolden and published by Knopf Books for Young Readers. This book was released on 2014-01-07 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the destruction of the Civil War, the United States faced the immense challenge of rebuilding a ravaged South and incorporating millions of freed slaves into the life of the nation. On April 11, 1865, President Lincoln introduced his plan for reconstruction, warning that the coming years would be “fraught with great difficulty.” Three days later he was assassinated. The years to come witnessed a time of complex and controversial change.
Download or read book The Politics of Judicial Interpretation written by Robert J. Kaczorowski and published by Reconstructing America. This book was released on 2005 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. "Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past."--Harold M. Hyman, Journal of Southern History "Important, richly researched. . . . the fullest account now available."--American Journal of Legal History
Download or read book Moral Repair written by Margaret Urban Walker and published by Cambridge University Press. This book was released on 2006-09-18 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs.
Download or read book The Third Reconstruction written by William J. Barber (II) and published by Beacon Press. This book was released on 2016 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the summer of 2013, Moral Mondays gained national attention as tens of thousands of citizens protested the extreme makeover of North Carolina's state government and over a thousand people were arrested in the largest mass civil disobedience movement since the lunch counter sit-ins of 1960. Every Monday for 13 weeks, Rev. Dr. William J. Barber led a revival meeting on the state house lawn that brought together educators and the unemployed, civil rights and labor activists, young and old, documented and undocumented, gay and straight, black, white and brown. News reporters asked what had happened in state politics to elicit such a spontaneous outcry. But most coverage missed the seven years of coalition building and organizing work that led up to Moral Mondays and held forth a vision for America that would sustain the movement far beyond a mass mobilization in one state. A New Reconstruction is Rev. Barber's memoir of the Forward Together Moral Movement, which began seven years before Moral Mondays and extends far beyond the mass mobilizations of 2013. Drawing on decades of experience in the Southern freedom struggle, Rev. Barber explains how Moral Mondays were not simply a reaction to corporately sponsored extremism that aims to re-make America through state legislatures. Moral Mondays were, instead, a tactical escalation in the Forward Together Moral Movement to draw attention to the anti-democratic forces bent on serving special interests to the detriment of the common good"--
Download or read book The Reconstruction Justice of Salmon P Chase written by Harold Melvin Hyman and published by . This book was released on 1997 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The demise of the Confederacy left a legacy of legal arrangements that raised fundamental and vexing questions regarding the legal rights and status of former slaves and the status of former Confederate states. As Harold Hyman shows, few individuals had greater impact on resolving these difficult questions than Salmon P. Chase, chief justice of the United States Supreme Court from 1865 to 1873. Hyman argues that in two cases—In Re Turner (1867) and Texas v. White (1869)—Chase combined his abolitionist philosophy with an activist jurisprudence to help dismantle once and for all the deposed machineries of slavery and the Confederacy. In these cases, Chase sought to consolidate the gains of the Civil War era, while demonstrating that the war had both preserved the precious core characteristics of the federal union of states and fundamentally improved the nature of both private and public law. In Re Turner was a private law case decided at the federal circuit level. It involved a black woman's claim that she, a recent slave, was being held in involuntary servitude. Elizabeth Turner's mother had apprenticed Elizabeth to their former master, who had not abided by his contractual obligations to provide Elizabeth with training and compensation, substantively keeping her in slavery. Chase's decision, which relied upon due process and equal protection implications in the thirteenth amendment and 1866 Civil Rights Act, confirmed the rights of emancipated slaves to bargain and contract with employers on a parity with white workers. Texas v. White was a public law case decided in the Supreme Court. It revolved around the issue of whether the holders of U.S. bonds seized and sold by the Confederate state of Texas could demand payment after the war from that state's newly reconstructed government. In effect, Chase and his associate justices were asked to determine the legality of actions committed by all former Confederate states and, thus, to define what constituted a state. Chase's opinion reaffirmed the Union's permanence, and that of the constituent states in the federal union, and the states' duty to respect the legal rights and obligations of all citizens because states were people as well as acreages and institutions. Hyman's exemplary analysis of these cases reveals how their political, legal, and constitutional aspects were so inextricably interwoven. They secured for Chase a rostrum for both moral and legal reform from which he asserted his strong views on the fundamental rights of individuals and states in an era of sporadically increasing federal power. Hyman's study provides a much-needed reevaluation of those cases both in the context of Chase's life and in terms of their mark on history.
Download or read book Reconstructing Restorative Justice Philosophy written by Theo Gavrielides and published by Routledge. This book was released on 2016-04-08 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.
Download or read book Climate Change Justice written by Eric A. Posner and published by Princeton University Press. This book was released on 2010-02-22 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative contribution to the climate justice debate Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should—indeed, must—directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a climate change agreement and efforts to improve economic justice. But they make a powerful case that the best—and possibly only—way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work—a forward-looking agreement that requires every country to make greenhouse-gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world.
