land conflict and justice

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Land Conflict And Justice

Author : Avery Kolers
ISBN : 9780521516778
Genre : Philosophy
File Size : 76. 7 MB
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in territory and justice." --Book Jacket.

Crime Cultural Conflict And Justice In Rural Russia 1856 1914

Author : Stephen P. Frank
ISBN : 0520920813
Genre : History
File Size : 26. 65 MB
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This book is the first to explore the largely unknown world of rural crime and justice in post-emancipation Imperial Russia. Drawing upon previously untapped provincial archives and a wealth of other neglected primary material, Stephen P. Frank offers a major reassessment of the interactions between peasantry and the state in the decades leading up to World War I. Viewing crime and punishment as contested metaphors about social order, his revisionist study documents the varied understandings of criminality and justice that underlay deep conflicts in Russian society, and it contrasts official and elite representations of rural criminality—and of peasants—with the realities of everyday crime at the village level.

A Political Theory Of Territory

Author : Margaret Moore
ISBN : 9780190845797
Genre : Philosophy
File Size : 61. 87 MB
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Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.

Environmental Justice And Land Use Conflict

Author : Amanda Kennedy
ISBN : 9781317497684
Genre : Law
File Size : 73. 41 MB
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Conflict over the extraction of coal and gas resources has rapidly escalated in communities throughout the world. Using an environmental justice lens, this multidisciplinary book explores cases of land use conflict through the lived experiences of communities grappling with such disputes. Drawing on theories of justice and fairness in environmental decision making, it demonstrates how such land use conflicts concerning resource use can become entrenched social problems, resistant to policy and legal intervention. The author presents three case studies from New South Wales in Australia and Pennsylvania in the US of conflict concerning coal, coal gas and shale gas development. It shows how conflict has escalated in each case, exploring access to justice in land use decision making processes from the perspective of the communities at the heart of these disputes. Weaknesses in contemporary policy and regulatory frameworks, including ineffective opportunities for public participation and a lack of community recognition in land use decision making processes, are explored. The book concludes with an examination of possible procedural and institutional reforms to improve access to environmental justice and better manage cases of land use conflict. Overall, the volume links the philosophies of environmental justice with rich case study findings, offering readers further insight into both the theory and practice of land use decision making.

Justice Responsibility And Reconciliation In The Wake Of Conflict

Author : Alice MacLachlan
ISBN : 9789400752016
Genre : Philosophy
File Size : 70. 3 MB
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What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including the tension between attributing individual and collective responsibility for the wrongs of war, the trade-offs made between the search for truth and demands for justice, and the conceptual intricacies of coming to understand just what is meant by ‘peace’ and ‘conflict.’ Individual essays also address concrete topics including the international criminal court, reparations, truces, political apologies, truth commissions and criminal trials, with an eye to contemporary examples from conflicts in the Middle East, Africa and North and South America.​

Justice Is Conflict

Author : Stuart Hampshire
ISBN : UVA:X004356295
Genre : Conflict management
File Size : 57. 13 MB
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This text argues that there is an essential analogy between necessary conflicts in the minds of individuals and necessary conflicts in states and societies; and that this is the universal basis of procedural justice. The rational method of resolving these conflicts is the same, but conflict resolution in the state requires institutions, which have their own peculiar histories: hence the variety of outcomes. This is a new basis for political liberalism.

Global Justice And Territory

Author : Cara Nine
ISBN : 9780199580217
Genre : Philosophy
File Size : 83. 43 MB
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Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

Reconciliation Justice And Coexistence

Author : Mohammed Abu-Nimer
ISBN : 0739102680
Genre : Political Science
File Size : 74. 51 MB
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Since the end of the Cold War several political agreements have been signed in attempts to resolve longstanding conflicts in such volatile regions as Northern Ireland, Israel-Palestine, South Africa, and Rwanda. This is the first comprehensive volume that examines reconciliation, justice, and coexistence in the post-settlement context from the levels of both theory and practice. Mohammed Abu-Nimer has brought together scholars and practitioners who discuss questions such as: Do truth commissions work? What are the necessary conditions for reconciliation? Can political agreements bring reconciliation? How can indigenous approaches be utilized in the process of reconciliation? In addition to enhancing the developing field of peacebuilding by engaging new research questions, this book will give lessons and insights to policy makers and anyone interested in post-settlement issues.

Justice In Conflict

Author : Mark Kersten
ISBN : 9780198777144
Genre :
File Size : 87. 66 MB
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What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocitiesaccountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The "peace versus justice" debate, wherein it is argued that the ICC has either positive or negative effects on'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases:Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court andthe ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions inLibya, northern Uganda - and beyond.

Burying The Past

Author : Nigel Biggar
ISBN : 1589012860
Genre : Political Science
File Size : 26. 31 MB
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No one can deny how September 11, 2001, has altered our understandings of "Peace" and "Justice" and "Civil Conflict." Those have become words with startling new life in our vocabularies. Yet "making" peace and "doing" justice must remain challenges that are among the highest callings of humanity—especially in a terror-heightened world. Nigel Biggar, Christian ethicist and editor of this now more than ever "must read" (Choice) volume, newly expanded and updated, addresses head-on the concept of a redemptive burying of the past, urging that the events of that infamous date be approached as a transnational model of conflict-and suggesting, wisely and calmly, that justice can be even the better understood if we should undertake the very important task of locating the sources of hostility, valid or not, toward the West. Burying the Past asks these important questions: How do newly democratic nations put to rest the conflicts of the past? Is granting forgiveness a politically viable choice for those in power? Should justice be restorative or retributive? Beginning with a conceptual approach to justice and forgiveness and moving to an examination of reconciliation on the political and on the psychological level, the collection examines the quality of peace as it has been forged in the civil conflicts in Rwanda, South Africa, Chile, Guatemala and Northern Ireland. There are times in history when "making peace" and "doing justice" seem almost impossible in the face of horrendous events. Those responses are understandably human. But it is in times just like these when humanity can—and must—rise to its possibilities and to its higher purposes in order to continue considering itself just and humane.

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