Just Rights : Why Justice Should be A Fundamental Right PDF Download
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Author: Bhuwan Ribhu
Publisher: Prabhat Prakashan
ISBN: 9355216076
Category : Law
Languages : en
Pages : 122
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Book Description
Do you want law or justice? Find the answer to this thought-provoking and revolutionary question and others. This book is a call for the right to justice as an inherent fundamental right. It brings a new way to thought on the relationship between the state and the individual. When the citizen is the holder of rights and not a subject of the benevolence of the state, the fundamental right to justice is the fulcrum for balance in society and consciousness. Told with the real life experiences of children and families seeking justice, this paves the way for both humanity as well as India’s vision of the year 2100, where equality, freedom and security are ensured through the effective foundation and umbrella of justice. The book also proposes a way of enhancing the spiritual consciousness of an individual on the path of justice through practicing ‘JUSTIVISM’ as being just in thoughts and actions. This is Bhuwan Ribhu’s second book following the inventive bestseller “When Children Have Children”.
Author: Bhuwan Ribhu
Publisher: Prabhat Prakashan
ISBN: 9355216076
Category : Law
Languages : en
Pages : 122
Get Book Here
Book Description
Do you want law or justice? Find the answer to this thought-provoking and revolutionary question and others. This book is a call for the right to justice as an inherent fundamental right. It brings a new way to thought on the relationship between the state and the individual. When the citizen is the holder of rights and not a subject of the benevolence of the state, the fundamental right to justice is the fulcrum for balance in society and consciousness. Told with the real life experiences of children and families seeking justice, this paves the way for both humanity as well as India’s vision of the year 2100, where equality, freedom and security are ensured through the effective foundation and umbrella of justice. The book also proposes a way of enhancing the spiritual consciousness of an individual on the path of justice through practicing ‘JUSTIVISM’ as being just in thoughts and actions. This is Bhuwan Ribhu’s second book following the inventive bestseller “When Children Have Children”.
Author: Jamal Greene
Publisher: Houghton Mifflin
ISBN: 1328518116
Category : Law
Languages : en
Pages : 341
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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Ronald Dworkin
Publisher: Harvard University Press
ISBN: 0674237323
Category : Philosophy
Languages : en
Pages : 396
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Book Description
What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 907759616X
Category : Abuse of rights
Languages : en
Pages : 338
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Book Description
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Ronald Dworkin
Publisher: Bristol Classical Press
ISBN:
Category : Law
Languages : en
Pages : 320
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Book Description
Taking Rights Seriously is one of the most significant books on the philosophy of law to be published in the twentieth century. First published in 1977 and issued in a new edition with a reply to critics in 1997, it is an established textbook that has never been out of print.
Author: Francesco Francioni
Publisher: OUP Oxford
ISBN: 0191018651
Category : Law
Languages : en
Pages : 272
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Book Description
In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674033833
Category : Law
Languages : en
Pages : 399
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Book Description
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author: U.s. Attorney's Office
Publisher: CreateSpace
ISBN: 9781499678437
Category : Education
Languages : en
Pages : 28
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Book Description
For more than 200 years, the Constitution of the United States has been a “working” document, maintaining the original principles upon which our nation was founded while, at the same time, changing with the country, as reflected in its amendments. While the U.S. Constitution itself outlines the basic structure of the federal government, its twenty-seven amendments address many subjects but primarily focus on the rights of individual American citizens. This booklet outlines those rights, offering historical context and other information that is both interesting and informative.The continued vitality of our democracy is dependent upon an informed citizenry. Understanding the history of the Constitution and its amendments will assist all of us in more fully appreciating these rights and responsibilities as they have evolved over time. Moreover, such understanding will ensure that these rights will continue to be exercised, valued, and cherished by future generations.
