Law, Psychology, and Justice

Law, Psychology, and Justice
Author: Christopher R. Williams
Publisher: SUNY Press
Total Pages: 294
Release: 2002-01-01
Genre: Social Science
ISBN: 9780791451830

A provocative critique of the relationship between the legal system and psychology that uses chaos theory to offer a more humane alternative.

Just Silences

Just Silences
Author: Marianne Constable
Publisher: Princeton University Press
Total Pages: 215
Release: 2009-01-10
Genre: Law
ISBN: 1400826926

Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

THE PRACTICE OF JUSTICE

THE PRACTICE OF JUSTICE
Author: William H. Simon
Publisher: Harvard University Press
Total Pages: 265
Release: 2000
Genre: Law
ISBN: 9780674002753

William Simon, a legal theorist with experience in practice, here argues that the profession's standard approach to questions of legal ethics is incoherent and implausible, insisting the critical weakness is the style of judgment.

Justice and the Modern Law

Justice and the Modern Law
Author: Everett V. Abbot
Publisher: Createspace Independent Publishing Platform
Total Pages: 314
Release: 2016-03-31
Genre:
ISBN: 9781530834822

Justice and the Modern Law by Everett V. Abbot. This book is a reproduction of the original book published in 1913 and may have some imperfections such as marks or hand-written notes.

Archipelago of Justice

Archipelago of Justice
Author: Laurie M. Wood
Publisher: Yale University Press
Total Pages: 287
Release: 2020-04-14
Genre: History
ISBN: 0300252382

An examination of France’s Atlantic and Indian Ocean empires through the stories of the little-known people who built it This book is a groundbreaking evaluation of the interwoven trajectories of the people, such as itinerant ship-workers and colonial magistrates, who built France’s first empire between 1680 and 1780 in the Atlantic and Indian Oceans. These imperial subjects sought political and legal influence via law courts, with strategies that reflected local and regional priorities, particularly regarding slavery, war, and trade. Through court records and legal documents, Wood reveals how courts became liaisons between France and new colonial possessions.

Transitional Justice and the Rule of Law in New Democracies

Transitional Justice and the Rule of Law in New Democracies
Author: A. James McAdams
Publisher:
Total Pages: 344
Release: 1997
Genre: Law
ISBN:

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.

Unequal Justice

Unequal Justice
Author: Jerold S. Auerbach
Publisher: Oxford University Press
Total Pages: 412
Release: 1977-02-03
Genre: Law
ISBN: 0199728925

Auerbach here focuses on the elite nature of the profession, examining its emphasis on serving business interests and its attempts to exclude participation by minorities.

The Justice of Constantine

The Justice of Constantine
Author: John Dillon
Publisher: University of Michigan Press
Total Pages: 310
Release: 2012-07-20
Genre: History
ISBN: 0472118293

An examination of Constantine the Great's legislation and government