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Author: Lee Goldstein
Publisher:
ISBN:
Category : Collective settlements
Languages : en
Pages : 158
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Book Description
Author: Lee Goldstein
Publisher:
ISBN:
Category : Collective settlements
Languages : en
Pages : 158
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Book Description
Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552316
Category : Law
Languages : en
Pages : 273
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Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 1107157846
Category : Law
Languages : en
Pages : 699
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Book Description
In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.
Author: Susan Drummond
Publisher: UBC Press
ISBN: 0774841486
Category : Law
Languages : en
Pages : 287
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Book Description
Susan Drummond investigates what happens when the voices of comparative law and legal anthropology are invited to speak to each other. She forges this hybrid form of comparative work through small- and large-scale studies of Gitano marriage law as it emerges in a Western European state, in a modern urban centre, and in particular communities and families. Ultimately, she brings the international, national, and cultural dimensions of law into play with one another and contemplates how all of these influences bear on the spirit of Andalusian Gitano marriage law. The result is an ethos of marriage law in a thoroughly mixed legal jurisdiction.
Author: Michael Huemer
Publisher: Springer
ISBN: 1137281669
Category : Philosophy
Languages : en
Pages : 391
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Book Description
The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.
Author: Marianne O. Nielsen
Publisher: University of Arizona Press
ISBN: 0816541302
Category : Social Science
Languages : en
Pages : 225
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Book Description
This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Author: Elmar Waibl
Publisher: Walter de Gruyter
ISBN: 3110979497
Category : Philosophy
Languages : en
Pages : 513
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Book Description
Author: Henry Sumner Maine
Publisher: BoD – Books on Demand
ISBN: 3385526337
Category : Fiction
Languages : en
Pages : 430
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Book Description
Reprint of the original, first published in 1876.
Author: Adams
Publisher:
ISBN:
Category :
Languages : en
Pages : 896
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Book Description
Author: Hugh Dalton
Publisher: Routledge
ISBN: 1135033099
Category : Business & Economics
Languages : en
Pages : 280
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Book Description
Divided into four parts, the book is structured as follows: Part 1: Examines the extent to which the inequality of incomes is guided by ethical principles. Part 2: Illustrates the growth of the theory of distribution in the hands of successive generations of economists. Part 3: Develops the theory on the subject of the division of income between categories. Part 4: Looks at the division of income between people and the causes of that inequality, paying particular attention to the factor of inherited wealth.
