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Author: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628199X
Category : Law
Languages : en
Pages : 296
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Book Description
Japanese society is as legalistic and rulebound as that of the US, yet Japanese people file far fewer lawsuits than Americans. Explanations for this behavior range from circular arguments about Japanese culture to suggestions that the Japanese court system is so slow-moving and unfriendly to plaintiffs that everyone knows better than to engage in it. However, there is much more to civil litigation in Japan, as preeminent scholar of Japanese law J. Mark Ramseyer explains inDoing Well by Making Do: Second-Best Judging in Japanese Law. With illustrations drawn from tort claims across many domainsauto accidents, product liability, medical malpractice, landlord-tenant law, and moreRamseyer shows that the low rate of lawsuits in Japan is compelled not by distrust of a dysfunctional system, but by a system that sorts and resolves disputes in such an overwhelmingly predictable pattern that only rarely do contesting parties find it worthwhile to involve themselves in the uncertainty of a trial. Japanese judges do not pretend to offer the level of particularized inquiry that one expects in American courts. The Japanese court system is not designed to find perfect justice. It is designed to make do.” Through close attention to key arenas of tort litigation, as well as more obscure corners of the law including labor, landlord-tenant, and consumer-finance disputes,Doing Well by Making Do offers a key to unlocking the aims, incentives, flaws, and virtues of the distinctive Japanese court system.
Author: J. Mark Ramseyer
Publisher: University of Chicago Press
ISBN: 022628199X
Category : Law
Languages : en
Pages : 296
Get Book
Book Description
Japanese society is as legalistic and rulebound as that of the US, yet Japanese people file far fewer lawsuits than Americans. Explanations for this behavior range from circular arguments about Japanese culture to suggestions that the Japanese court system is so slow-moving and unfriendly to plaintiffs that everyone knows better than to engage in it. However, there is much more to civil litigation in Japan, as preeminent scholar of Japanese law J. Mark Ramseyer explains inDoing Well by Making Do: Second-Best Judging in Japanese Law. With illustrations drawn from tort claims across many domainsauto accidents, product liability, medical malpractice, landlord-tenant law, and moreRamseyer shows that the low rate of lawsuits in Japan is compelled not by distrust of a dysfunctional system, but by a system that sorts and resolves disputes in such an overwhelmingly predictable pattern that only rarely do contesting parties find it worthwhile to involve themselves in the uncertainty of a trial. Japanese judges do not pretend to offer the level of particularized inquiry that one expects in American courts. The Japanese court system is not designed to find perfect justice. It is designed to make do.” Through close attention to key arenas of tort litigation, as well as more obscure corners of the law including labor, landlord-tenant, and consumer-finance disputes,Doing Well by Making Do offers a key to unlocking the aims, incentives, flaws, and virtues of the distinctive Japanese court system.
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 Tsai
Publisher: W. W. Norton & Company
ISBN: 0393652033
Category : Law
Languages : en
Pages : 288
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Book Description
A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time. Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: 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. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.
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: Richard Jaffe
Publisher:
ISBN: 9780999472828
Category :
Languages : en
Pages :
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Book Description
Richard Jaffe's explosive second edition of Quest for Justice: Defending the Damned affirms the vital role criminal defense lawyers play in the balance between life and death, liberty and lockup. It is a compelling journey into the legal and human drama of life or death criminal cases that often reads more like hard to imagine fiction, yet these cases are real. Quest for Justice invites readers into the courtroom and into the field with Richard Jaffe, a powerhouse Alabama defense attorney with more than four decades of experience, who has successfully defended hundreds of individuals accused of murder, including more than seventy cases where the defendant faced the death penalty, including the Olympic bomber Eric Robert Rudolph. According to the Equal Justice Initiative, in Alabama, nine people have been exonerated from death row-Jaffe represented four of them: James Willie "Bo" Cochran, Randal Padgett, Gary Drinkard, and Wesley Quick. Though every chapter reveals more alarming, gut-wrenching cases, and impediments to justice, Jaffe's unwavering determination, hope, and strategies in the courtroom yield many momentous victories for his clients and the cause of justice. In Quest for Justice: Defending the Damned, Richard Jaffe offers all audiences an accessible, page-turning perspective borne out of a life representing the damned in America's criminal justice system.
Author: Juha Räikkä
Publisher: Springer
ISBN: 3319046330
Category : Philosophy
Languages : en
Pages : 181
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Book Description
In this book the practical dimension of social justice is explained using the analysis and discussion of a variety of well-known topics. These include: the relation between theory and practice in normative political philosophy; the issue of justice under uncertainty; the question of whether we can and should unmask social injustices by means of conspiracy theories; the issues of privacy and the right to privacy; the issue of how certain psychological states may affect our moral obligations, in particular the obligation to treat others fairly; and finally the concepts of morality, fairness, and self-deception. The primary goal of the book is to provide readers with an updated discussion of some important and practical social justice issues. These issues are presented from a new perspective, based on the author ́s research. It is hoped that bringing these topics together in a single book will promote the emergence of new insights and challenges for future research. Juha Räikkä is a professor at the Department of Philosophy at the University of Turku, Finland. His research focuses on ethics and political philosophy.
Author: Jennifer Clare Heyward
Publisher: Oxford University Press
ISBN: 0198744048
Category : Political Science
Languages : en
Pages : 342
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Book Description
Climate change is a pressing international political issue, for which a practical but principled solution is urgently required. Climate Justice in a Non-Ideal World aims to make normative theorising on climate justice more relevant and applicable to political realities and public policy. The motivation behind this edited collection is that normative theorising has something to offer even in an imperfect world mired by partial compliance and unfavourable circumstances. In the last years, a lively debate has sprung up in political philosophy about non-ideal theory and there has also been an upsurge of interest in the various normative issues raised by climate change such as intergenerational justice, transnational harm, collective action, or risk assessment. However, there has been little systematic discussion of the links between climate justice and non-ideal theory even though the former would seem like a paradigm example of the relevance of the latter. The aim of this edited volume is to address this. In doing so, the volume presents original work from leading experts on climate ethics, including several who have participated in climate policy. The first part of the book discusses those facets of the debate on climate justice that become relevant due to the shortcomings of current global action on climate change. The second part makes specific suggestions for adjusting current policies and negotiating procedures in ways that are feasible in the relatively short term while still decreasing the distance between current climate policy and the ideal. The chapters in the third and final part reflect upon how philosophical work can be brought to bear on the debates in climate science, communication, and politics.
Author: Ida B. Wells
Publisher: University of Chicago Press
ISBN: 022669156X
Category : History
Languages : en
Pages : 418
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Book Description
The NAACP co-founder, civil rights activist, educator, and journalist recounts her public and private life in this classic memoir. Born to enslaved parents, Ida B. Wells was a pioneer of investigative journalism, a crusader against lynching, and a tireless advocate for suffrage, both for women and for African Americans. She co-founded the NAACP, started the Alpha Suffrage Club in Chicago, and was a leader in the early civil rights movement, working alongside W. E. B. Du Bois, Madam C. J. Walker, Mary Church Terrell, Frederick Douglass, and Susan B. Anthony. This engaging memoir, originally published 1970, relates Wells’s private life as a mother as well as her public activities as a teacher, lecturer, and journalist in her fight for equality and justice. This updated edition includes a new foreword by Eve L. Ewing, new images, and a new afterword by Ida B. Wells’s great-granddaughter, Michelle Duster. “No student of black history should overlook Crusade for Justice.” —William M. Tuttle, Jr., Journal of American History
Author: Dahlia Lithwick
Publisher: Penguin
ISBN: 0525561404
Category : Law
Languages : en
Pages : 369
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Book Description
Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
Author: Glenn Greenwald
Publisher: Metropolitan Books
ISBN: 1466805765
Category : Law
Languages : en
Pages : 355
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Book Description
From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.
