Act Of Justice
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Act Of Justice
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Author : Burrus Carnahan
language : en
Publisher: University Press of Kentucky
Release Date : 2007-09-21
Act Of Justice written by Burrus Carnahan and has been published by University Press of Kentucky this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-21 with History categories.
In his first inaugural address, Abraham Lincoln declared that as president he would “have no lawful right” to interfere with the institution of slavery. Yet less than two years later, he issued a proclamation intended to free all slaves throughout the Confederate states. When critics challenged the constitutional soundness of the act, Lincoln pointed to the international laws and usages of war as the legal basis for his Proclamation, asserting that the Constitution invested the president “with the law of war in time of war.” As the Civil War intensified, the Lincoln administration slowly and reluctantly accorded full belligerent rights to the Confederacy under the law of war. This included designating a prisoner of war status for captives, honoring flags of truce, and negotiating formal agreements for the exchange of prisoners—practices that laid the intellectual foundations for emancipation. Once the United States allowed Confederates all the privileges of belligerents under international law, it followed that they should also suffer the disadvantages, including trial by military courts, seizure of property, and eventually the emancipation of slaves. Even after the Lincoln administration decided to apply the law of war, it was unclear whether state and federal courts would agree. After careful analysis, author Burrus M. Carnahan concludes that if the courts had decided that the proclamation was not justified, the result would have been the personal legal liability of thousands of Union officers to aggrieved slave owners. This argument offers further support to the notion that Lincoln’s delay in issuing the Emancipation Proclamation was an exercise of political prudence, not a personal reluctance to free the slaves. In Act of Justice, Carnahan contends that Lincoln was no reluctant emancipator; he wrote a truly radical document that treated Confederate slaves as an oppressed people rather than merely as enemy property. In this respect, Lincoln’s proclamation anticipated the psychological warfare tactics of the twentieth and twenty-first centuries. Carnahan’s exploration of the president’s war powers illuminates the origins of early debates about war powers and the Constitution and their link to international law.
What Is Justice Justice Law And Politics In The Mirror Of Science Collected Essays
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Author : Hans Kelsen
language : en
Publisher: Univ of California Press
Release Date : 1960
What Is Justice Justice Law And Politics In The Mirror Of Science Collected Essays written by Hans Kelsen and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960 with Justice categories.
Law Is Justice
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Author : Benjamin Nathan Cardozo
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 1999
Law Is Justice written by Benjamin Nathan Cardozo and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Judicial opinions categories.
"A collection of notable opinions by the great judge in the areas of civil rights, crime, contractual relations, injuries, estates, labor and social matters, and international relations. Cardozo's opinions bear the mark of careful preparation, of patient and laborious research, of a profound understanding of legal principles and their ethical, social, and economic setting."--Rear cover.
Equality Responsibility And The Law
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Author : Arthur Ripstein
language : en
Publisher: Cambridge University Press
Release Date : 2001-03-12
Equality Responsibility And The Law written by Arthur Ripstein and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-12 with Law categories.
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
The Administration Of Justice Under Military And Martial Law
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Author : Charles Mathew Clode
language : en
Publisher:
Release Date : 1874
The Administration Of Justice Under Military And Martial Law written by Charles Mathew Clode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1874 with Military law categories.
Law Without Justice
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Author : Paul H. Robinson
language : en
Publisher: Oxford University Press
Release Date : 2005-12-01
Law Without Justice written by Paul H. Robinson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-01 with Law categories.
If an innocent person is sent to prison or if a killer walks free, we are outraged. The legal system assures us, and we expect and demand, that it will seek to "do justice" in criminal cases. So why, for some cases, does the criminal law deliberately and routinely sacrifice justice? In this unflinching look at American criminal law, Paul Robinson and Michael Cahill demonstrate that cases with unjust outcomes are not always irregular or unpredictable. Rather, the criminal law sometimes chooses not to give defendants what they deserve: that is, unsatisfying results occur even when the system works as it is designed to work. The authors find that while some justice-sacrificing doctrines serve their intended purpose, many others do not, or could be replaced by other, better rules that would serve the purpose without abandoning a just result. With a panoramic view of the overlapping and often competing goals that our legal institutions must balance on a daily basis, Law without Justice challenges us to restore justice to the criminal justice system.
Justice In The 21st Century
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Author : Russell Fox
language : en
Publisher: Cavendish Australia
Release Date : 1999-12-07
Justice In The 21st Century written by Russell Fox and has been published by Cavendish Australia this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12-07 with Law categories.
Hon Russell Fox argues that the existing common law procedural system is not equal to the demands of the coming century. Beginning with a thoroughly researched analysis of the large scale dissatisfaction with and disaffection from the present day courts, this book proposes means for approaching Justice in the Twenty-First Century. This book is essential reading for all lawyers, judges, politicians and citizens interested in the question of remedying the significant problems plaguing the current system for the provision of justice in Australia, England and the United States. Foreword provided by the Rt Hon Lord Irvine of Lairg, the Lord Chancellor of Great Britain.
A Guide To The Youth Criminal Justice Act
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Author : Lee Tustin
language : en
Publisher:
Release Date : 2020
A Guide To The Youth Criminal Justice Act written by Lee Tustin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Juvenile justice, Administration of categories.
Law And Justice In Community
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Author : Garrett Barden
language : en
Publisher: Oxford University Press
Release Date : 2010-08-19
Law And Justice In Community written by Garrett Barden and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-19 with Law categories.
The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law.
Natural Law And Justice
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Author : Lloyd L. Weinreb
language : en
Publisher:
Release Date : 1987
Natural Law And Justice written by Lloyd L. Weinreb and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.