Author: Stuart Henry
Publisher: Routledge
ISBN: 1317433238
Category : Social Science
Languages : en
Pages : 258
Book Description
This book, first published in 1983, looks at discipline in industry and shows how private justice is integrally bound up with formal law. It is a timely examination of the forms of social control that exist ostensibly outside the formal legal system but on which it crucially depends. Private Justice: Towards Integrated Theorising in the Sociology of Law will be of interest to students of law, sociology, and criminology. Dr. Stuart Henry is currently Professor and Director of the School of Public Affairs at San Diego State University where he has been since 2006. Since leaving Trent Polytechnic (now Nottingham Trent University) in 1983 he has held positions in the United States at Eastern Michigan University, Wayne State University, and the University of Texas at Arlington. He is the author or editor of 30 books and over 100 articles on crime, deviance and social control.
Private Justice
Author: Stuart Henry
Publisher: Routledge
ISBN: 1317433238
Category : Social Science
Languages : en
Pages : 258
Book Description
This book, first published in 1983, looks at discipline in industry and shows how private justice is integrally bound up with formal law. It is a timely examination of the forms of social control that exist ostensibly outside the formal legal system but on which it crucially depends. Private Justice: Towards Integrated Theorising in the Sociology of Law will be of interest to students of law, sociology, and criminology. Dr. Stuart Henry is currently Professor and Director of the School of Public Affairs at San Diego State University where he has been since 2006. Since leaving Trent Polytechnic (now Nottingham Trent University) in 1983 he has held positions in the United States at Eastern Michigan University, Wayne State University, and the University of Texas at Arlington. He is the author or editor of 30 books and over 100 articles on crime, deviance and social control.
Publisher: Routledge
ISBN: 1317433238
Category : Social Science
Languages : en
Pages : 258
Book Description
This book, first published in 1983, looks at discipline in industry and shows how private justice is integrally bound up with formal law. It is a timely examination of the forms of social control that exist ostensibly outside the formal legal system but on which it crucially depends. Private Justice: Towards Integrated Theorising in the Sociology of Law will be of interest to students of law, sociology, and criminology. Dr. Stuart Henry is currently Professor and Director of the School of Public Affairs at San Diego State University where he has been since 2006. Since leaving Trent Polytechnic (now Nottingham Trent University) in 1983 he has held positions in the United States at Eastern Michigan University, Wayne State University, and the University of Texas at Arlington. He is the author or editor of 30 books and over 100 articles on crime, deviance and social control.
The Unity of the Common Law
Author: Alan Brudner
Publisher: OUP Oxford
ISBN: 0191002542
Category : Law
Languages : en
Pages : 378
Book Description
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
Publisher: OUP Oxford
ISBN: 0191002542
Category : Law
Languages : en
Pages : 378
Book Description
In this classic study, Alan Brudner investigates the basic structure of the common law of transactions. For decades, that structure has been the subject of intense debate between formalists, who say that transactional law is a private law for interacting parties, and functionalists, who say that it is a public law serving the collective ends of society. Against both camps, Brudner proposes a synthesis of formalism and functionalism in which private law is modified by a common good without being subservient to it. Drawing on Hegel's legal philosophy, the author exhibits this synthesis in each of transactional law's main divisions: property, contract, unjust enrichment, and tort. Each is a whole composed of private-law and public-law parts that complement each other, and the idea connecting the parts to each other is also latently present in each. Moreover, Brudner argues, a single narrative thread connects the divisions of transactional law to each other. Not a row of disconnected fields, transactional law is rather a story about the realization in law of the agent's claim to be a dignified end-master of its body, its acquisitions, and the shape of its life. Transactional law's divisions are stages in the progress toward that goal, each generating a potential developed by the next. Thus, contract law fulfils what is incompletely realized in property law, negligence law what is germinal in contract law, public insurance what is seminal in negligence law, and transactional law as a whole what is underdeveloped in public insurance. The end point is the limit of what a transactional law can contribute to a life sufficient for dignity. Reconfigured and expanded with a contribution by Jennifer Nadler, The Unity of the Common Law stands out among contemporary theories of private law in that it depicts private law as purposive without being instrumental and as autonomous without being emptily formal.
What Justice? Whose Justice?
Author: Susan Eckstein
Publisher: Univ of California Press
ISBN: 0520237455
Category : Business & Economics
Languages : en
Pages : 377
Book Description
"This splendid collection by two of our leading political sociologists pioneers new directions in the study of social justice in Latin America. What Justice? Whose Justice? is impassioned scholarship at its best. It brings together detailed studies of rights and institutions, inequality and struggle, citizenship and indigenous politics, war and peace. This book is essential reading for anyone interested in what the so-called triumph of democracy over dictatorship in the region really means today in the lives of the still dispossessed."—Matthew C. Gutmann, author of The Romance of Democracy: Compliant Defiance in Contemporary Mexico "This book offers a stimulating interdisciplinary analysis of the gripping problems of justice, inequality, and citizenship, and of citizen responses to these issues in contemporary Latin America. It is essential reading on these interrelated themes."—Scott Mainwaring, co-editor of Presidentialism and Democracy in Latin America "First-rate contributors address the quality of democracy in several Latin American countries in these readable and provocative essays. The volume focuses particularly on the relation between democracy and the law, on the importance of the past, and on informal politics and indigenous political movements. A must-read for all those who are tracking the course of democracy in the region and who are concerned about its political future."—Jane S. Jaquette, co-editor of Women and Democracy: Latin America and Central and Eastern Europe "For anyone who still assumes that markets plus elections suffice to resolve the problems of injustice that are the political, social, and economic patrimony of Latin America, this book will be a firm wake-up call. At the same time, the excellent case studies in this book make it clear that the current global neoliberal regime is no more effective at suppressing local struggles for justice than the more traditional forms of domination that came before it. It is valuable and provocative reading for anyone interested in understanding the contemporary political dynamics of justice and injustice."—Peter Evans, editor of Livable Cities?
Publisher: Univ of California Press
ISBN: 0520237455
Category : Business & Economics
Languages : en
Pages : 377
Book Description
"This splendid collection by two of our leading political sociologists pioneers new directions in the study of social justice in Latin America. What Justice? Whose Justice? is impassioned scholarship at its best. It brings together detailed studies of rights and institutions, inequality and struggle, citizenship and indigenous politics, war and peace. This book is essential reading for anyone interested in what the so-called triumph of democracy over dictatorship in the region really means today in the lives of the still dispossessed."—Matthew C. Gutmann, author of The Romance of Democracy: Compliant Defiance in Contemporary Mexico "This book offers a stimulating interdisciplinary analysis of the gripping problems of justice, inequality, and citizenship, and of citizen responses to these issues in contemporary Latin America. It is essential reading on these interrelated themes."—Scott Mainwaring, co-editor of Presidentialism and Democracy in Latin America "First-rate contributors address the quality of democracy in several Latin American countries in these readable and provocative essays. The volume focuses particularly on the relation between democracy and the law, on the importance of the past, and on informal politics and indigenous political movements. A must-read for all those who are tracking the course of democracy in the region and who are concerned about its political future."—Jane S. Jaquette, co-editor of Women and Democracy: Latin America and Central and Eastern Europe "For anyone who still assumes that markets plus elections suffice to resolve the problems of injustice that are the political, social, and economic patrimony of Latin America, this book will be a firm wake-up call. At the same time, the excellent case studies in this book make it clear that the current global neoliberal regime is no more effective at suppressing local struggles for justice than the more traditional forms of domination that came before it. It is valuable and provocative reading for anyone interested in understanding the contemporary political dynamics of justice and injustice."—Peter Evans, editor of Livable Cities?
Encyclopedia of Transnational Crime and Justice
Author: Margaret E. Beare
Publisher: SAGE
ISBN: 1412990777
Category : Law
Languages : en
Pages : 545
Book Description
Accessible and jargon-free and available in both print and electronic formats, the one-volume Encyclopedia of Transnational Crime and Justice contains a range of up-to-date entries that not only reflect transnational crime, but transnational justice.
Publisher: SAGE
ISBN: 1412990777
Category : Law
Languages : en
Pages : 545
Book Description
Accessible and jargon-free and available in both print and electronic formats, the one-volume Encyclopedia of Transnational Crime and Justice contains a range of up-to-date entries that not only reflect transnational crime, but transnational justice.
The Policing Web
Author: Jean-Paul Brodeur
Publisher: Oxford University Press
ISBN: 0199813310
Category : Social Science
Languages : en
Pages : 417
Book Description
Nearly all research devoted to policing focuses on public uniformed police and their legal use of force. An overwhelming amount of this work draws on evidence from Anglo-American police forces. These twin emphases have led to a limited view. Agencies such as criminal investigation units, intelligence services, private security companies, and military policing organizations have almost entirely escaped scholarly attention. In The Policing Web, Jean-Paul Brodeur looks at policing as a whole. He illuminates its full diversity, showing how it extends far beyond the confines of public police working in uniform and visible to all. Brodeur considers military policing, both when it complements the values of democracy and when it does not. He also discusses criminal individuals acting as police informants, and criminal organizations enforcing their own rules in urban zones deserted by the police. Brodeur argues that the diverse strands of the policing web are united by a common definition that emphasizes the license granted to policing agencies-legally or with impunity- to use means otherwise forbidden to the rest of the population. Employing an international and comparative approach, Brodeur establishes a comprehensive model that links all the components of policing. The policing web, however, is not a neat and well-integrated structure. There is not just one policing web. There are several, depending on the country, police history and culture, and the various public images of policing. These often overlooked factors are essential components of the context of policing. Wide-ranging and authoritative, The Policing Web expands the very idea of what policing is and how it works, and presents a novel yet fundamental understanding of law enforcement.
Publisher: Oxford University Press
ISBN: 0199813310
Category : Social Science
Languages : en
Pages : 417
Book Description
Nearly all research devoted to policing focuses on public uniformed police and their legal use of force. An overwhelming amount of this work draws on evidence from Anglo-American police forces. These twin emphases have led to a limited view. Agencies such as criminal investigation units, intelligence services, private security companies, and military policing organizations have almost entirely escaped scholarly attention. In The Policing Web, Jean-Paul Brodeur looks at policing as a whole. He illuminates its full diversity, showing how it extends far beyond the confines of public police working in uniform and visible to all. Brodeur considers military policing, both when it complements the values of democracy and when it does not. He also discusses criminal individuals acting as police informants, and criminal organizations enforcing their own rules in urban zones deserted by the police. Brodeur argues that the diverse strands of the policing web are united by a common definition that emphasizes the license granted to policing agencies-legally or with impunity- to use means otherwise forbidden to the rest of the population. Employing an international and comparative approach, Brodeur establishes a comprehensive model that links all the components of policing. The policing web, however, is not a neat and well-integrated structure. There is not just one policing web. There are several, depending on the country, police history and culture, and the various public images of policing. These often overlooked factors are essential components of the context of policing. Wide-ranging and authoritative, The Policing Web expands the very idea of what policing is and how it works, and presents a novel yet fundamental understanding of law enforcement.
Justice before the Law
Author: Michael Huemer
Publisher: Springer Nature
ISBN: 3030675432
Category : Philosophy
Languages : en
Pages : 375
Book Description
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
Publisher: Springer Nature
ISBN: 3030675432
Category : Philosophy
Languages : en
Pages : 375
Book Description
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
Introduction to Criminal Justice
Author: Lawrence F. Travis III
Publisher: Routledge
ISBN: 1437755534
Category : Political Science
Languages : en
Pages : 631
Book Description
This student-friendly introductory core text describes the criminal justice process in the United States — outlining the decisions, practices, people and issues involved. It provides a solid introduction to the mechanisms of the criminal justice system, with balanced coverage of the issues presented by each facet of the process, including a thorough review of practices and controversies in law enforcement, the criminal courts and corrections. Each chapter is enhanced by important terms, boxes, photos, and review questions. Includes a glossary.
Publisher: Routledge
ISBN: 1437755534
Category : Political Science
Languages : en
Pages : 631
Book Description
This student-friendly introductory core text describes the criminal justice process in the United States — outlining the decisions, practices, people and issues involved. It provides a solid introduction to the mechanisms of the criminal justice system, with balanced coverage of the issues presented by each facet of the process, including a thorough review of practices and controversies in law enforcement, the criminal courts and corrections. Each chapter is enhanced by important terms, boxes, photos, and review questions. Includes a glossary.
What Works for Crime Victims
Author: Alline Pedra Jorge
Publisher: Editora Dialética
ISBN: 6558777258
Category : True Crime
Languages : en
Pages : 199
Book Description
After the Second World War, the role of the victim in criminal conflict became an object of interest for academics. But it was only in the 1960s that the importance of providing protection and assistance to crime victims was highlighted in particular by the victims' movement, which inaugurated a new era of criminal justice in systems throughout the world. Moving beyond just the role of controlling crime and punishing the offender, the criminal justice system also began to contribute to the victims' rehabilitation and to help the victim to move on from the event psychologically and emotionally. Although some criminological research was conducted on this topic, the effect that the criminal justice system and victim support services have on the well-being of crime victims is still uncertain. The current study sought to understand the healing process of victims of crime, the potential consequences of their participation on the criminal justice system, and the support of victim centers. Moreover, it aimed to find out whether the existence of a Victim Support Act would change the treatment that the victim receives in the criminal justice system. Thus this research was conducted based in two countries – Switzerland and Brazil – where the outcome of the victims' movement on the criminal justice system was different, as was the participation of the victim in the criminal justice system and the government's provision of support. In order to conduct this research the qualitative method was employed, which is the most efficient to gather sensitive information. Interviews with crime victims were the main source of information. Hearing observation and document research were used as complementary sources. The results of this research show that victims who have contact with the criminal justice system and victim services are not more likely to recover than those who had no contact. This is to say, the support offered has no major effects; the influence of the criminal justice system and the victim support services in the emotional well-being of crime victims is rather neutral. However, considering that the sample is not representative, findings are not expected to be generalized. Instead, findings may give insight to practitioners or to future criminal justice policy makers, suggesting what may work to improve the emotional well-being of crime victims, as well as suggesting further studies.
Publisher: Editora Dialética
ISBN: 6558777258
Category : True Crime
Languages : en
Pages : 199
Book Description
After the Second World War, the role of the victim in criminal conflict became an object of interest for academics. But it was only in the 1960s that the importance of providing protection and assistance to crime victims was highlighted in particular by the victims' movement, which inaugurated a new era of criminal justice in systems throughout the world. Moving beyond just the role of controlling crime and punishing the offender, the criminal justice system also began to contribute to the victims' rehabilitation and to help the victim to move on from the event psychologically and emotionally. Although some criminological research was conducted on this topic, the effect that the criminal justice system and victim support services have on the well-being of crime victims is still uncertain. The current study sought to understand the healing process of victims of crime, the potential consequences of their participation on the criminal justice system, and the support of victim centers. Moreover, it aimed to find out whether the existence of a Victim Support Act would change the treatment that the victim receives in the criminal justice system. Thus this research was conducted based in two countries – Switzerland and Brazil – where the outcome of the victims' movement on the criminal justice system was different, as was the participation of the victim in the criminal justice system and the government's provision of support. In order to conduct this research the qualitative method was employed, which is the most efficient to gather sensitive information. Interviews with crime victims were the main source of information. Hearing observation and document research were used as complementary sources. The results of this research show that victims who have contact with the criminal justice system and victim services are not more likely to recover than those who had no contact. This is to say, the support offered has no major effects; the influence of the criminal justice system and the victim support services in the emotional well-being of crime victims is rather neutral. However, considering that the sample is not representative, findings are not expected to be generalized. Instead, findings may give insight to practitioners or to future criminal justice policy makers, suggesting what may work to improve the emotional well-being of crime victims, as well as suggesting further studies.
Corporate Security in the 21st Century
Author: Kevin Walby
Publisher: Springer
ISBN: 1137346078
Category : Law
Languages : en
Pages : 382
Book Description
This interdisciplinary collection places corporate security in a theoretical and international context. Arguing that corporate security is becoming the primary form of security in the twenty-first century, it explores a range of issues including regulation, accountability, militarization, strategies of securitization and practitioner techniques.
Publisher: Springer
ISBN: 1137346078
Category : Law
Languages : en
Pages : 382
Book Description
This interdisciplinary collection places corporate security in a theoretical and international context. Arguing that corporate security is becoming the primary form of security in the twenty-first century, it explores a range of issues including regulation, accountability, militarization, strategies of securitization and practitioner techniques.
Confidentiality, Transparency, and the U.S. Civil Justice System
Author: Joseph W. Doherty
Publisher: Oxford University Press
ISBN: 0199939586
Category : Law
Languages : en
Pages : 259
Book Description
The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations--such as expanding access to existing databases and using technology to create new databases--that increase transparency while protecting the need for privacy.
Publisher: Oxford University Press
ISBN: 0199939586
Category : Law
Languages : en
Pages : 259
Book Description
The lawsuit is the cornerstone of the civil justice system in America, and an open court the foundation of American jurisprudence. In a public setting, we resolve disputes, determine liability, and compensate injuries. In recent decades, however, more civil disputes have been resolved out of court and the outcomes have been kept secret. Fewer than 5 percent of the tens of millions of injury claims annually are actually resolved through a public trial with a jury, and the vast majority are settled out of court or through private forums, such as mediation or arbitration, with undisclosed terms. Some argue that the confidentiality of the system keeps it working efficiently and fairly; others argue that the public is being denied information about hazards that may cause harm and that a public system with no data lacks oversight. This collection of essays by leading legal scholars is the first book to approach the issue in a multidisciplinary, nonpartisan, and empirical manner. The essays provide empirical analyses and case studies of the impact of greater disclosure on various aspects of the system, ranging from settlement values to fraud, and propose several novel prescriptions for reform. With special attention to the emergence of modern mass litigation, the authors identify a number of benefits to increasing access to information, including decreased fraud, improved public understanding and confidence in the system, and lower transactions costs. The authors make policy recommendations--such as expanding access to existing databases and using technology to create new databases--that increase transparency while protecting the need for privacy.