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Author: Katherine Maynard
Publisher: Routledge
ISBN: 1136990127
Category : History
Languages : en
Pages : 229
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Book Description
In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.
Author: Katherine Maynard
Publisher: Routledge
ISBN: 1136990127
Category : History
Languages : en
Pages : 229
Get Book Here
Book Description
In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to seek revenge. Taking up a variety of narratives from the eras of Romanticism, Realism, Modernism and the Contemporary period, and including new theories to explain the interactions that occur between legalistic courtroom justice and the vigilante variety, Revenge versus Legality analyzes some of the main obstacles to justice, ranging from judicial corruption, to racism and imperialism. The book culminates in a consideration of that form of crime or lawlessness that poses the most serious threat to the rule of law: vigilante justice masquerading as legality. With its mixture of politics, literature, law, and film, this lively and accessible book offers a timely reflection on the enduring phenomenon of revenge.
Author: Raúl Márquez Porras
Publisher: Springer Nature
ISBN: 3030795950
Category : Law
Languages : en
Pages : 294
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Book Description
This volume offers a new theoretical approach to the analysis of the law/revenge binary, and attempts to dismantle the common idea of revenge as lacking any legal, moral or rational dimension. In contrast, the book puts forward a model of a complex system of justice—which it terms 'vindicatory'—wherein vendetta constitutes an authorized action, the core of which does not (just) lie in vengeance but also in settlement procedures for peace—or 'composition.' The first part of the book ("Vindicatory Justice: Conceptual Analyses and Forerunners") seeks to identify the nature of vindicatory justice and to shed light on the structure of so-called vindicatory systems. In turn, the second part ("Mapping Vindicatory Justice") illustrates, using examples gathered from a range of sociolegal contexts, the dynamic relationship between composition and authorized revenge in vindicatory systems. Taken as a whole, the volume shows that applying a longue durée historical perspective to the study of revenge systems allows us to clearly recognize composition and authorized revenge as features of the same legal system, even though one of them may seem predominant (or more eye-catching) than the other in certain cultural settings.
Author: Terry K. Aladjem
Publisher: Cambridge University Press
ISBN: 1139469177
Category : Philosophy
Languages : en
Pages : 177
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Book Description
America is driven by vengeance in Terry Aladjem's provocative account – a reactive, public anger that is a threat to democratic justice itself. From the return of the death penalty to the wars on terror and in Iraq, Americans demand retribution and moral certainty; they assert the 'rights of victims' and make pronouncements against 'evil'. Yet for Aladjem this dangerously authoritarian turn has its origins in the tradition of liberal justice itself – in theories of punishment that justify inflicting pain and in the punitive practices that result. Exploring vengeance as the defining problem of our time, Aladjem returns to the theories of Locke, Hegel and Mill. He engages the ancient Greeks, Nietzsche, Paine and Foucault to challenge liberal assumptions about punishment. He interrogates American law, capital punishment and images of justice in the media. He envisions a democratic justice that is better able to contain its vengeance.
Author: Larry Alexander
Publisher: Springer Nature
ISBN: 3030228118
Category : Philosophy
Languages : en
Pages : 794
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Book Description
This handbook consists of essays on contemporary issues in criminal law and their theoretical underpinnings. Some of the essays deal with the relationship between morality and criminalization. Others deal with criminalization in the context of specific crimes such as fraud, blackmail, and revenge pornography. The contributors also address questions of responsible agency such as the effects of addiction or insanity, and some deal with punishment, its mode and severity, and the justness of the state’s imposition of it. These chapters are authored by some of the most distinguished scholars in the fields of applied ethics, criminal law, and jurisprudence.
Author: Myra Williamson
Publisher: Routledge
ISBN: 1317045939
Category : Law
Languages : en
Pages : 262
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Book Description
This book analyzes the legality of the use of force by the US, the UK and their NATO allies against Afghanistan in 2001. The work challenges the main ground for resorting to force, namely, self-defence under Article 51 of the United Nations' Charter, by examining each element of Article 51 that ought to have been satisfied in order to legitimise the use of force. It also examines the wider context, including comparable Security Council resolutions in historic situations as well as modern instances where force has been used, such as against Iraq in 2003 and against Lebanon in 2006. As well as making the case against the legality of the use of force, the book addresses wider questions such as the meaning of 'terrorism' in international law, the changing nature of conflict in the twentieth and twenty-first centuries including the impact of non-state actors and an overview of terrorism trends as well as the evolution of limitations on the resort to force from the League of Nations through to 2001. The book concludes with some insight into the possible future implications for the use of force by states, particularly when force is purportedly justified on the grounds of self-defence.
Author: Carol Harlow
Publisher: Cambridge University Press
ISBN: 0521197074
Category : Law
Languages : en
Pages : 881
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Book Description
A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
Author: MartinP. Golding
Publisher: Routledge
ISBN: 1351560530
Category : History
Languages : en
Pages : 425
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Book Description
This book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.
Author: Carolyn Hamilton
Publisher: Springer Science & Business Media
ISBN: 9401005702
Category : Social Science
Languages : en
Pages : 386
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Book Description
Refiguring the Archive at once expresses cutting-edge debates on `the archive' in South Africa and internationally, and pushes the boundaries of those debates. It brings together prominent thinkers from a range of disciplines, mainly South Africans but a number from other countries. Traditionally archives have been seen as preserving memory and as holding the past. The contributors to this book question this orthodoxy, unfolding the ways in which archives construct, sanctify, and bury pasts. In his contribution, Jacques Derrida (an instantly recognisable name in intellectual discourse worldwide) shows how remembering can never be separated from forgetting, and argues that the archive is about the future rather than the past. Collectively the contributors demonstrate the degree to which thinking about archives is embracing new realities and new possibilities. The book expresses a confidence in claiming for archival discourse previously unentered terrains. It serves as an early manual for a time that has already begun.
Author: Jeffrey Brand-Ballard
Publisher: Oxford University Press
ISBN: 0199711798
Category : Philosophy
Languages : en
Pages :
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Book Description
Judges sometimes hear cases in which the law, as they honestly understand it, requires results that they consider morally objectionable. Most people assume that, nevertheless, judges have an ethical obligation to apply the law correctly, at least in reasonably just legal systems. This is the view of most lawyers, legal scholars, and private citizens, but the arguments for it have received surprisingly little attention from philosophers. Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others. He then develops an alternative argument based on ways in which the rule of law promotes the good. Patterns of excessive judicial lawlessness, even when morally motivated, can damage the rule of law. Brand-Ballard explores the conditions under which individual judges are morally responsible for participating in destructive patterns of lawless judging. These arguments build upon recent theories of collective intentionality and presuppose an agent-neutral framework, rather than the agent-relative framework favored by many moral philosophers. Defying the conventional wisdom, Brand-Ballard argues that judges are not always morally obligated to apply the law correctly. Although they have an obligation not to participate in patterns of excessive judicial lawlessness, an individual departure from the law so as to avoid an unjust result is rarely a moral mistake if the rule of law is otherwise healthy. Limits of Legality will interest philosophers, legal scholars, lawyers, and anyone concerned with the ethics of judging.
Author: Georgia. Supreme Court
Publisher:
ISBN:
Category : Equity
Languages : en
Pages : 810
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Book Description
