Author: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628204X
Category : Law
Languages : en
Pages : 296
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Book Description
It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
Author: Robert L. Tsai
Publisher: W. W. Norton & Company
ISBN: 0393652033
Category : Law
Languages : en
Pages : 262
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Book Description
“A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
Author: Sandra Wilson
Publisher: Columbia University Press
ISBN: 0231542682
Category : History
Languages : en
Pages : 436
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Book Description
Beginning in late 1945, the United States, Britain, China, Australia, France, the Netherlands, and later the Philippines, the Soviet Union, and the People's Republic of China convened national courts to prosecute Japanese military personnel for war crimes. The defendants included ethnic Koreans and Taiwanese who had served with the armed forces as Japanese subjects. In Tokyo, the International Military Tribunal for the Far East tried Japanese leaders. While the fairness of these trials has been a focus for decades, Japanese War Criminals instead argues that the most important issues arose outside the courtroom. What was the legal basis for identifying and detaining subjects, determining who should be prosecuted, collecting evidence, and granting clemency after conviction? The answers to these questions helped set the norms for transitional justice in the postwar era and today contribute to strategies for addressing problematic areas of international law. Examining the complex moral, ethical, legal, and political issues surrounding the Allied prosecution project, from the first investigations during the war to the final release of prisoners in 1958, Japanese War Criminals shows how a simple effort to punish the guilty evolved into a multidimensional struggle that muddied the assignment of criminal responsibility for war crimes. Over time, indignation in Japan over Allied military actions, particularly the deployment of the atomic bombs, eclipsed anger over Japanese atrocities, and, among the Western powers, new Cold War imperatives took hold. This book makes a unique contribution to our understanding of the construction of the postwar international order in Asia and to our comprehension of the difficulties of implementing transitional justice.
Author: Serge-Christophe Kolm
Publisher: MIT Press
ISBN: 9780262611800
Category : Business & Economics
Languages : en
Pages : 540
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Book Description
This first book in English by Serge-Christophe Kolm provides an overview of his far-reaching vision of distributive justice. Kolm derives justice from considerations of rationality. Justice cannot be defined by one all-encompassing principle or set of a few principles. It has the general form of an equality of individuals' liberties in a broad sense, with different applications and specific adjustments when several liberties conflict or when everybody prefers another outcome.Kolm describes the theory of justice and presents and evaluates each of the various modern theories, principles, or criteria of justice. He shows how some complement each other, how some are unworkable, and how some could be rescued. The result is an intensive introduction to the general theory of justice for economists and noneconomists alike.
Author: Gerry Johnstone
Publisher: Routledge
ISBN: 1136643931
Category : Law
Languages : en
Pages : 196
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Book Description
The second edition of this renowned text explores the implications of developments in the restorative justice campaign to provide a feasible and desirable alternative to mainstream thinking on matters of crime and justice. It includes a new chapter identifying and analyzing fundamental shifts and developments in restorative justice thinking over the last decade.
Author: Frank Vandenbroucke
Publisher: Springer Science & Business Media
ISBN: 364259476X
Category : Political Science
Languages : en
Pages : 314
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Book Description
Can the need for incentives justify inequality? Starting from this question, Frank Vandenbroucke examines a conception of justice in which both equality and responsibility are involved. In the first part of the inquiry, which explores the implementation of that conception of justice, the justification of incentives assumes that agents make personal choices based only upon their own interests. The second part of the book challenges the idea that a normative conception of distributive justice can be based on that traditional assumption, i.e. that personal choices are not the subject matter of justice. Thus, Vandenbroucke questions the Rawlsian idea that the primary subject of a theory of justice is the basic structure of society, and not the individual conduct of its citizens. For a society to be really just, the ethos of individual conduct has to serve justice. Non-mathematical readers can skip the formal model proposed in Chapter 3 and understand the rest of the book.
Author: Fabian Wendt
Publisher: Springer
ISBN: 3319288776
Category : Philosophy
Languages : en
Pages : 281
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Book Description
This book explores the morality of compromising. The author argues that peace and public justification are values that provide moral reasons to make compromises in politics, including compromises that establish unjust laws or institutions. He explains how it is possible to have moral reasons to agree to moral compromises and he debates our moral duties and obligations in making such compromises. The book also contains discussions of the sources of the value of public justification, the relation between peace and justice, the nature of modus vivendi arrangements and the connections between compromise, liberal institutions and legitimacy. In exploring the morality of compromising, the book thus provides some outlines for a map of political morality beyond justice.
Author: Bruce Ackerman
Publisher: Yale University Press
ISBN: 0300158076
Category : Political Science
Languages : en
Pages : 406
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Book Description
An original and compelling vision of a just society“A ‘new view’ of the theoretical foundations of liberalism that will ‘challenge us to clarify our own implicit notions of liberal democracy.’ ”—The New York Times Book ReviewWinner of a Certificate of Merit for the American Bar Association's 1981 Gavel Award for outstanding public serviceFirst published in 1980 and continuously in print ever since, Bruce Ackerman's classic Social Justice in the Liberal State offers a new foundation for liberal political theory— a world in which each of us may live his or her own life in his or her own way, without denying the same right to others. Full of provocative discussions of issues ranging from education to abortion, it makes fascinating reading for anyone concerned with the future of the liberal democratic state. “Professor Ackerman has tackled age-old problems of social justice with the refreshing technique of a series of dialogues in which the proponent of a position must either confront his opponent with an answer, constrained by the three principles of rationality, consistency, and neutrality, or submit to a checkmate. The author’s ability to combine earthiness with extreme subtlety in framing the dialogues has produced a novel, mind-stretching book.”—Henry J. Friendly, Senior Judge, U.S. Court of Appeals for the Second Circuit“What limits should we place on genetic manipulation? How many children should we have? How should we regulate abortions and adoptions? What rights does the community have, what rights do parents have in the education of children? What rights do children have? What resources must we leave to future generations? To see all these as questions of distributive justice is to connect them in a new way (and to make) a significant contribution.”—Michael Walzer, The New Republic “The breadth of the attack on the fundamental issues of man and society is impressive.”—Foreign Affairs
Author: Shmuel Nili
Publisher: Oxford University Press
ISBN: 0198915241
Category : Political Science
Languages : en
Pages : 289
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Book Description
Beyond the Law's Reach? argues that fundamental assumptions in contemporary political philosophy need to be rethought in the face of pervasive political violence. At an applied level, Nili develops this claim by delving into a series of specific controversies, all revolving around affluent democracies' policy responses to the threat of pervasive violence abroad. Examples include the ethics of giving refuge to beleaguered autocrats to avert civil war in their country, the ethics of prosecuting foreign officials who have colluded with drug cartels, and the admission of oligarchs who acquired their riches by distorting their country's rule of law. At a more theoretical level, the book shows that the moral principles needed to adjudicate these particular controversies can illuminate broader issues in normative political theory. These range from the philosophy of criminal punishment, through the relationship between the law's letter and its spirit, to the general plausibility of certain moral theories (and meta-theories) as public policy guides. Ranging from influential theories of justice to some of the hardest moral dilemmas facing communities and leaders struggling with the shadow of violence, this book explores the difficult circumstances in which we must aside not just the assumption of a stable liberal democracy, but even the dream of a clear path towards such democracy.
Author: Matthew B. Robinson
Publisher:
ISBN: 9781531016388
Category : Crime and race
Languages : en
Pages : 360
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Book Description
"The second edition of Race, Ethnicity, Crime, and Justice presents the latest research on studies of race, ethnicity, and justice practices at the juvenile and adult levels. With a focus on intersectionality, the text shows how these extralegal factors interact with others to help understand outcomes such as disparities in excessive use of force by the police and court sentencing, as well as disproportionate minority confinement in corrections. Designed to be brief yet thorough, the text covers the most important issues related to race and ethnicity as they pertain to the law, crime and delinquency, policing, courts, and corrections. Race, Ethnicity, Crime, and Justice is highly readable and classroom friendly while also making a meaningful contribution to the literature on the topic"--
