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Author: Daniel Butt
Publisher: Oxford University Press, USA
ISBN: 0199218242
Category : Language Arts & Disciplines
Languages : en
Pages : 227
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Book Description
Rectifying International Injustice examines the theory behind claims for reparations and compensation as a result of historic international injustice.
Author: Daniel Butt
Publisher: Oxford University Press, USA
ISBN: 0199218242
Category : Language Arts & Disciplines
Languages : en
Pages : 227
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Book Description
Rectifying International Injustice examines the theory behind claims for reparations and compensation as a result of historic international injustice.
Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 022614433X
Category : Law
Languages : en
Pages : 189
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Book Description
Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Author: Nahshon Perez
Publisher: Edinburgh University Press
ISBN: 0748649646
Category : Political Science
Languages : en
Pages : 186
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Book Description
Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries
Author: Elazar Barkan
Publisher: JHU Press
ISBN: 9780801868078
Category : History
Languages : en
Pages : 468
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Book Description
The author takes a sweeping look at the idea of restitution and its impact on the concept of human rights and the practice of politics. She confronts the difficulties of determining victims and assigning blame.
Author: Derick Fay
Publisher: Routledge
ISBN: 1134044216
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.
Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 0814799043
Category : History
Languages : en
Pages : 431
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Book Description
"The unique features of the American system of justice - which allowed it to handle claims that originated over fifty years ago and in another part of the world - made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers. Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored."--BOOK JACKET.
Author: Jason Brennan
Publisher: Princeton University Press
ISBN: 0691211507
Category : Philosophy
Languages : en
Pages : 286
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Book Description
The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power
Author: Donna K. Nagata
Publisher: Springer Science & Business Media
ISBN: 1489911189
Category : Psychology
Languages : en
Pages : 346
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Book Description
At the age of 6, I discovered a jar of brightly colored shells under my grandmother's kitchen sink. When I inquired where they had come from, she did not answer. Instead, she told me in broken English, "Ask your mother. " My mother's response to the same question was, "Oh, I made them in camp. " "Was it fun?" I asked enthusiastically. "Not really," she replied. Her answer puzzled me. The shells were beautiful, and camp, as far as I knew, was a fun place where children roasted marshmallows and sang songs around the fire. Yet my mother's reaction did not seem happy. I was perplexed by this brief exchange, but I also sensed I should not ask more questions. As time went by, "camp" remained a vague, cryptic reference to some time in the past, the past of my parents, their friends, my grand parents, and my relatives. We never directly discussed it. It was not until high school that I began to understand the significance of the word, that camp referred to a World War II American concentration camp, not a summer camp. Much later I learned that the silence surrounding discus sions about this traumatic period of my parents' lives was a phenomenon characteristic not only of my family but also of most other Japanese American families after the war.
Author: Barry S. Levy
Publisher: Oxford University Press, USA
ISBN: 0199939225
Category : Medical
Languages : en
Pages : 586
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Book Description
This second edition of Social Injustice and Public Health is a comprehensive, up-to-date, evidence-based resource on the relationship of social injustice to many aspects of public health. With contributions from leading experts in public health, medicine, health, social sciences, and other fields, this integrated book documents the adverse effects of social injustice on health and makes recommendations on what needs to be done to reduce social injustice and thereby improve the public's health. Social Injustice and Public Health is divided into four parts: · The nature of social injustice and its impact on public health · How the health of specific population groups is affected by social injustice · How social injustice adversely affects medical care, infectious and chronic non-communicable disease, nutrition, mental health, violence, environmental and occupational health, oral health, and aspects of international health · What needs to be done, such as addressing social injustice in a human rights context, promoting social justice through public health policies and programs, strengthening communities, and promoting equitable and sustainable human development With 78 contributors who are experts in their respective subject areas, this textbook is ideal for students and practitioners in public health, medicine, nursing, and other health sciences. It is the definitive resource for anyone seeking to better understand the social determinants of health and how to address them to reduce social injustice and improve the public's health.
Author: Omar G. Encarnación
Publisher: Oxford University Press
ISBN: 0197535682
Category : Political Science
Languages : en
Pages : 202
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Book Description
A compelling and timely vision for gay reparations in the United States In the last two decades many nations have adopted "gay reparations," or policies intended to make amends for a history of discrimination, stigmatization, and violence on the basis of sexual orientation and gender identity. Far from being a homogenous or uniform phenomenon, gay reparations encompass a small constellation of approaches including a formal apology to the LGBT community for past wrongdoing, financial compensation for victims of anti-LGBT laws and actions, and the erection of monuments to the memory of those who suffered because of structural homophobia. The United States, however, has been reluctant to embrace gay reparations, making the country something of an outlier among Western democracies. Beyond making the case for gay reparations in the United States, this book explores a wide range of questions provoked by the rise of the gay reparations movement. Among these questions, three stand out for what they reveal about the puzzling and complex nature of this new front in the struggle for LGBT equality. Why, after centuries of attempts to marginalize, dehumanize, and even eradicate LGBT people, are governments coming around to confront this dark and painful historical legacy? How do we make sense of the diversity of gay reparations being implemented by governments around the world? And, finally, what would an American policy of gay reparations look like? Omar G. Encarnación draws upon the rich history of reparations to confront the legacies of genocide, slavery, and political repression and argue that gay reparations are a moral obligation intended to restore dignity to those whose human rights have been violated because of their sexual orientation and gender identity. Reparations are also necessary to close painful chapters of anti-LGBT discrimination and violence and to remind future generations of past struggles for LGBT equality. To this end, he traces America's dark and painful LGBT history--from colonial-era laws criminalizing homosexual conduct, to a postwar ban on homosexuals working in the federal bureaucracy, to the government's support of the junk-science underpinning the practice of "gay conversion" therapy promoted by the Christian Right. The book also examines how other Western democracies notorious for their repression of homosexuals--specifically Spain, Britain, and Germany--have implemented gay reparations. These foreign experiences reveal potential pathways for gay reparations in the United States. More importantly, they show that while there is no universal approach to gay reparations it is never too late for countries to seek to right past wrongs.
