the faces of justice and state authority

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The Faces Of Justice And State Authority

Author : Mirjan R. Damaska
ISBN : 9780300191288
Genre : Law
File Size : 56. 48 MB
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A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman

Leviathan

Author : Thomas Hobbes
ISBN :
Genre : Fiction
File Size : 59. 3 MB
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Leviathan or The Matter, Forme and Power of a Common Wealth Ecclesiasticall and Civil—commonly referred to as Leviathan—is a book written by Thomas Hobbes (1588–1679) and published in 1651 (revised Latin edition 1668). Its name derives from the biblical Leviathan. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Leviathan ranks as a classic western work on statecraft comparable to Machiavelli's The Prince. Written during the English Civil War (1642–1651), Leviathan argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature ("the war of all against all") could only be avoided by strong undivided government.

Legal Orientalism

Author : Teemu Ruskola
ISBN : 9780674075788
Genre : Law
File Size : 88. 64 MB
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After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.

Social Justice

Author : Madison Powers
ISBN : 0199705194
Genre : Philosophy
File Size : 42. 45 MB
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In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.

Restorative Justice And Civil Society

Author : Heather Strang
ISBN : 052100053X
Genre : Social Science
File Size : 67. 75 MB
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This 2001 collection looks at the restorative justice movement and the relationship between restorative justice and civil society.

The Moral Economy

Author : Samuel Bowles
ISBN : 9780300221084
Genre : Business & Economics
File Size : 37. 94 MB
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Should the idea of economic man—the amoral and self-interested Homo economicus—determine how we expect people to respond to monetary rewards, punishments, and other incentives? Samuel Bowles answers with a resounding “no.” Policies that follow from this paradigm, he shows, may “crowd out” ethical and generous motives and thus backfire. But incentives per se are not really the culprit. Bowles shows that crowding out occurs when the message conveyed by fines and rewards is that self-interest is expected, that the employer thinks the workforce is lazy, or that the citizen cannot otherwise be trusted to contribute to the public good. Using historical and recent case studies as well as behavioral experiments, Bowles shows how well-designed incentives can crowd in the civic motives on which good governance depends.

Trials Without Truth

Author : William T. Pizzi
ISBN : 9780814768112
Genre : Law
File Size : 58. 49 MB
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Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulings—often with perverse results—the American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world. William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence. How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed to degenerate into one so profoundly flawed? Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice system—and a prescription for how it can be fixed.

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