The Enterprise of Law

The Enterprise of Law PDF Author: Bruce L. Benson
Publisher:
ISBN: 9781598130447
Category : Law
Languages : en
Pages : 0

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Book Description
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

The Enterprise of Law

The Enterprise of Law PDF Author: Bruce L. Benson
Publisher:
ISBN: 9781598130447
Category : Law
Languages : en
Pages : 0

Get Book Here

Book Description
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

Law, Justice, and Power

Law, Justice, and Power PDF Author: Sinkwan Cheng
Publisher: Stanford University Press
ISBN: 9780804748919
Category : Law
Languages : en
Pages : 300

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Book Description
This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.

Fighting for Justice

Fighting for Justice PDF Author: Elizabeth Gibson-Morgan
Publisher: University of Wales Press
ISBN: 1786837471
Category : Law
Languages : en
Pages : 306

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Book Description
This is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.

Justice for Some

Justice for Some PDF Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405

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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Law and Social Justice

Law and Social Justice PDF Author: Joseph Keim Campbell
Publisher: Topics in Contemporary Philoso
ISBN:
Category : Law
Languages : en
Pages : 376

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Book Description
Leading scholars consider a variety of philosophical issues in law and social justice, from foundational concepts to specific legal problems.

Law and Justice around the World

Law and Justice around the World PDF Author: Mikaila Mariel Lemonik Arthur
Publisher: Univ of California Press
ISBN: 0520971582
Category : Law
Languages : en
Pages : 368

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Book Description
Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.

The United States and International Law

The United States and International Law PDF Author: Lucrecia García Iommi
Publisher: University of Michigan Press
ISBN: 0472055410
Category : Law
Languages : en
Pages : 365

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Book Description
Why U.S. support for international law is so inconsistent

Access to Justice

Access to Justice PDF Author: Rebecca L. Sanderfur
Publisher: Emerald Group Publishing
ISBN: 1848552432
Category : Social Science
Languages : en
Pages : 288

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Book Description
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.

Economic Justice and Natural Law

Economic Justice and Natural Law PDF Author: Gary Chartier
Publisher: Cambridge University Press
ISBN: 0521767202
Category : Law
Languages : en
Pages : 249

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Book Description
Gary Chartier elaborates a version of economic justice rooted in the natural law tradition.

Leading Works in Law and Social Justice

Leading Works in Law and Social Justice PDF Author: Faith Gordon
Publisher: Routledge
ISBN: 1000367304
Category : Law
Languages : en
Pages : 283

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Book Description
This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the ‘leading works’ of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a ‘leading work’, a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.