Justice And Injustice In Law And Legal Theory
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Justice And Injustice In Law And Legal Theory
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Author : Austin Sarat
language : en
Publisher: University of Michigan Press
Release Date : 2009-11-11
Justice And Injustice In Law And Legal Theory written by Austin Sarat and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-11 with Law categories.
Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Giving Desert Its Due
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-09
Giving Desert Its Due written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-09 with Philosophy categories.
During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.
The Concept Of Injustice
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Author : Eric Heinze
language : en
Publisher: Routledge
Release Date : 2013
The Concept Of Injustice written by Eric Heinze and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Drama categories.
The Concept of Injustice insists upon a re-thinking of Western theories of Justice, arguing that injustice, not justice, should be the focus of our attention.
Moral Aspects Of Legal Theory
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Author : David Lyons
language : en
Publisher: Cambridge University Press
Release Date : 1993-01-29
Moral Aspects Of Legal Theory written by David Lyons 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 1993-01-29 with Law categories.
In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.
Justifying Injustice
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Author : Herlinde Pauer-Studer
language : en
Publisher: Cambridge University Press
Release Date : 2020-09-24
Justifying Injustice written by Herlinde Pauer-Studer 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 2020-09-24 with History categories.
Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.
Justice Law And Culture
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Author : J.K. Feibleman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Justice Law And Culture written by J.K. Feibleman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Philosophy categories.
The following pages contain a theory of justice and a theory of law. Justice will be defined as the demand for a system of laws, and law as an established regulation which applies equally throughout a society and is backed by force. The demand for a system of laws is met by means of a legal system. The theory will have to include what the system and the laws are in tended to regulate. The reference is to all men and their possessions in a going concern. In the past all such theories have been discussed only in terms of society, justice as applicable to society and the laws promul gated within it. However, men and their societies are not the whole story: in recent centuries artifacts have played an increasingly important role. To leave them out of all consideration in the theory would be to leave the theory itself incomplete and even distorted. For the key conception ought to be one not of society but of culture. Society is an organization of men but culture is something more. I define culture (civilization has often been employed as a synonym) as an organization of men together with their material possessions. Such possessions consist in artifacts: material objects which have been altered through human agency in order to reduce human needs. The makers of the artifacts are altered by them. Men have their possessions together, and this objectifies and consolidates the culture.
Democracy And Social Injustice
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Author : Thomas W. Simon
language : en
Publisher: Rowman & Littlefield
Release Date : 1995
Democracy And Social Injustice written by Thomas W. Simon and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
In this truly interdisciplinary study that reflects the author's work in philosophy, political science, law, and policy studies, Thomas W. Simon argues that democratic theory must address the social injustices inflicted upon disadvantaged groups. By shifting theoretical sights from justice to injustice, Simon recasts the nature of democracy and provides a new perspective on social problems. He examines the causes and effects of injustice, victims' responses to injustice, and historical theories of disadvantage, revealing that those theories have important repercussions for contemporary policy debates. Finally, Simon considers which institutions and practices come within the grasp of democracy and discusses the concept of a 'Negative Utopia, ' or a future without injustice.
Morals And Law
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Author : Max Hamburger
language : en
Publisher: Biblo & Tannen Publishers
Release Date : 1965-06
Morals And Law written by Max Hamburger and has been published by Biblo & Tannen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1965-06 with Law categories.
Why Lawyers Derail Justice
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Author : John Charles Anderson
language : en
Publisher: Penn State University Press
Release Date : 1999
Why Lawyers Derail Justice written by John Charles Anderson and has been published by Penn State University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
Starting with examples of injustice produced in the US legal system, this text examines the distorting effects of legal argumentation and strategy on affirmative action. The author concludes that the legal profession should be abolished and term limits set for judges.
Leading Works In Law And Social Justice
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Author : Faith Gordon
language : en
Publisher: Routledge
Release Date : 2021-03-23
Leading Works In Law And Social Justice written by Faith Gordon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-23 with Law categories.
This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.