Author: Andrew S. Gold
Publisher: Oxford Legal Philosophy
ISBN: 0198814402
Category : Law
Languages : en
Pages : 257
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Book Description
The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.
Author: Ronald J. Krotoszynski
Publisher: Yale University Press
ISBN: 0300149875
Category : Law
Languages : en
Pages : 335
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Book Description
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
Author: Ilaria Bottigliero
Publisher: Springer
ISBN: 9401760276
Category : Law
Languages : en
Pages : 320
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Book Description
Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.
Author: Richard Vernon
Publisher: A&C Black
ISBN: 1441121315
Category : Philosophy
Languages : en
Pages : 186
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Book Description
An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.
Author: A. Naomi Paik
Publisher: UNC Press Books
ISBN: 1469626322
Category : History
Languages : en
Pages : 332
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Book Description
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Author: John C. P. Goldberg
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 1192
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Book Description
This versatile casebook, written by authors who are at the forefront of torts scholarship, presents contemporary tort law in a clear and systematic framework. Now in its second edition, Tort Law: Responsibilities and Redress , has been refined based on classroom feedback to make it even more user-friendly and informative to students and professors alike. Among the distinctive characteristics of this unique casebook: Tort law is presented as a coherent whole. Students leave the course with a clear sense of what tort law is and what it does, and how it differs from other bodies of law, such as contracts or criminal law. Painstaking case selection ensures that students will be exposed to memorable opinions that effectively convey the substance of tort doctrine while also enabling the professor to explore from any given intellectual or political perspective underlying issues of policy, process, and theory. Current and classic cases expose students to a diverse array of case law, including decisions from jurisdictions around the country and from trial courts as well as state and federal appellate courts. Modular design of chapters permits the professor to proceed from any of several different starting points, including intentional torts, negligence, or a big-picture overview of the field. Ample explanatory text is provided, particularly in chapters that are likely to be covered early in the course. Additional materials —three appendices and two “modules”— are provided to permit professors who teach 5- or 6-hour courses to cover issues of history, policy, and theory. Substantial expository text offers unparalleled guidance in clarifying key torts concepts such as duty, breach, proximate cause, and intent. the Teacher’s Manual sets the standard for giving professors everything they need to succeed in the classroom. the meticulous revision of this casebook includes: Revised Chapter 2, The Duty Element, makes the material more accessible to students and enables teachers to proceed more quickly through the duty component of negligence, should they wish to spend more time on other negligence topics or other torts. New cases are more straightforward and more modern than those they have replaced.. Revised Chapter 5, Proximate Cause and Palsgraf, presents with even greater clarity than the first edition, The topics within negligence law that are most prone to generate student confusion. Revised Chapter 9, Battery, Assault, and False Imprisonment, contains a new initial sequence of cases and notes carefully designed to support courses that begin with intentional torts. New website that includes ”retired” cases from the First Edition, practice questions, and other materials of interest. Tort Law: Responsibilities and Redress, Second Edition, offers a contemporary approach to teaching torts without sacrificing attention To The conceptual underpinnings necessary to an in-depth understanding of tort law’s operation in the modern legal system. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/goldberg2
Author: Jon Mandle
Publisher: Cambridge University Press
ISBN: 1316193985
Category : Philosophy
Languages : en
Pages : 1112
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Book Description
John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
Author: Roy Miki
Publisher: Raincoast Books
ISBN: 9781551926506
Category : History
Languages : en
Pages : 406
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Book Description
From 1942 to 1949 some 23,000 Japanese Canadians were uprooted from their homes along the B.C. coast, dispossessed and dispersed across Canada. This passionate and compelling book - a creative blend of memoir, documentary history and critical examination - explores the Japanese Canadian redress movement of the late 20th century that resolved the violation of their citizenship rights during this mass expulsion. Governor General's Award-winner Roy Miki applies the concept of "negotiation" to the 20th century history of Japanese Canadians - a history formed out of complex mediations with a Canadian government that denied them fundamental rights. From the moment the first Japanese immigrants arrived in Canada, they had to confront, adjust to, and attempt to transform a system of laws and policies based on assumptions about race that predetermined the identities of all Japanese Canadian citizens. Miki recounts the prewar efforts of Japanese Canadians to counter racist policies and also revisits the turbulent period of their internment. He explores the complicated reactions and often bitter conflicts that emerged in a community being torn apart by the government's actions and policies. Dispelling the common assumption that Japanese Canadians simply acquiesced to their internment, Miki recounts dramatic attempts to negotiate with the federal government, which prefigured the redress efforts of the 1980s. The internal dynamics of the redress movement form the heart of Miki's book. Beginning with the acknowledgement of the settlement in the House of Commons, he unravels the history of the movement. Incorporating stories from his personal and family history, anecdotes of pivotal events, candid comments from interviews and documents only available in archival collections, Miki interweaves the strands of the movement that had to come together to create a redress language - and thus a voice - for Japanese Canadians. Book jacket.
Author: Andrew S. Gold
Publisher: Oxford University Press
ISBN: 0192545582
Category : Law
Languages : en
Pages : 208
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Book Description
The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.
Author: Michael T. Martin
Publisher: Duke University Press
ISBN: 0822389819
Category : Social Science
Languages : en
Pages : 725
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Book Description
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto
