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Author: George C. Pavlich
Publisher: Routledge
ISBN: 1134829604
Category : Social Science
Languages : en
Pages : 224
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Book Description
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
Author: George C. Pavlich
Publisher: Routledge
ISBN: 1134829604
Category : Social Science
Languages : en
Pages : 224
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Book Description
Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.
Author: George Pavlich
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 0
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Book Description
Author: Michael H. Tonry
Publisher:
ISBN:
Category : Correctional law
Languages : en
Pages : 16
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Book Description
Author: Larissa van den Herik
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236910
Category : Law
Languages : en
Pages : 734
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Book Description
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Author: Philippa Webb
Publisher:
ISBN: 019967115X
Category : Law
Languages : en
Pages : 282
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Book Description
Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas: genocide, immunities, and the use of force.
Author: Stephen M. Engel
Publisher: NYU Press
ISBN: 1479809128
Category : Law
Languages : en
Pages : 427
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Book Description
The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, this means that gay and lesbian citizens are one step closer to full equality with the rest of America. However, author Stephen M. Engel contends that there remains much to be done in shaping American institutions to recognize gays and lesbians as full citizens. Tracing the relationship between gay and lesbian individuals and the government from the late 19th century through the early 21st, Engel shows that LGBT Americans are more accurately described as fragmented citizens who still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control their sexuality. Further, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.--Adapted from dust jacket.
Author: Cecilia Menjívar
Publisher: Univ of California Press
ISBN: 0520222113
Category : Family & Relationships
Languages : en
Pages : 322
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Book Description
This text gives a detailed account of the inner workings of the networks by which immigrants leave their homes in Central America to start new lives in the Mission District of San Francisco.
Author: Gregory C. Leavitt
Publisher: Transaction Publishers
ISBN: 1412849349
Category : History
Languages : en
Pages : 265
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Book Description
In a just society the law not only applies to all equally, but also arises from the consent of the people it embraces. As such, justice implies that people have access to governance. A just society provides and guards social and individual rights for all its members. The freedom of speech, therefore, is a right of all, and society has institutionalized processes to guarantee that freedom. Due to the American people’s understanding of exclusion and rank, the meaning of justice was fragmented by social status and class. While this book views American justice through a prism of social-class conflict, Gregory C. Leavitt argues that it would be incorrect to portray this perspective as somehow whole. American justice is relative to many cultural groupings and conditions and is thus at the same distance from its encompassing ideal understood by common Americans. Beginning with the late eighteenth century and ending in the late twentieth century, Leavitt traces the history of class conflict and the struggle for justice among Americans. He argues that class struggles remain a significant factor in American social problems, because the American situation grew out of government promises of freedom and liberty to the lower class and the development of a powerful middle class. This is a provocative contribution to the debate over the future of social justice in America.
Author: Elena Abrusci
Publisher: Cambridge University Press
ISBN: 1009093177
Category : Political Science
Languages : en
Pages : 307
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Book Description
This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.
Author: Philippa Webb
Publisher: OUP Oxford
ISBN: 0191650846
Category : Law
Languages : en
Pages : 1469
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Book Description
Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.
