Justice Without Law
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Author | : Jerold S. Auerbach |
Publisher | : Oxford University Press, USA |
Total Pages | : 216 |
Release | : 1983 |
Genre | : Language Arts & Disciplines |
ISBN | : |
An examination of various types of litigation -- arbitration, mediation, and conciliation.
Author | : Bruce L. Benson |
Publisher | : |
Total Pages | : 0 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9781598130447 |
In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.
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.
Author | : Albert W. Alschuler |
Publisher | : University of Chicago Press |
Total Pages | : 340 |
Release | : 2000 |
Genre | : Biography & Autobiography |
ISBN | : 9780226015217 |
Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Author | : Noura Erakat |
Publisher | : Stanford University Press |
Total Pages | : 405 |
Release | : 2019-04-23 |
Genre | : History |
ISBN | : 1503608832 |
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents
Author | : Bee Chen Goh |
Publisher | : Routledge |
Total Pages | : 218 |
Release | : 2016-12-05 |
Genre | : Law |
ISBN | : 1351922661 |
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Author | : Martin Böse |
Publisher | : BRILL |
Total Pages | : 484 |
Release | : 2018-01-16 |
Genre | : Law |
ISBN | : 9004352066 |
Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
Author | : Paul H. Robinson |
Publisher | : Oxford University Press |
Total Pages | : 332 |
Release | : 2006 |
Genre | : Law |
ISBN | : 0195160150 |
This book is a ... for thoughtful legislators and all the rest of us who seek justice for persons charged with crimes-proportional punishment of the guilty, and exculpation of the morally blameless. The authors demonstrate, with remarkable lucidity, how and why the criminal law sometimes deliberately sacrifices justice for other goals, and they provide thoughtful, controversial, and often persuasive suggestions on how we can redesign our legal system to give people their just deserts. [In the book, the authors offer an] account of how the American criminal justice system fails to give offenders their just deserts in a number of different contexts. From the refusal to allow partial exoneration for defenses like mistake of law and insanity to the practical limitations on detecting and prosecuting offenders, [they also] demonstrate through ... discussions of actual cases the many areas where criminal sentencing fails to do justice. -Dust jacket.
Author | : David Cole |
Publisher | : ReadHowYouWant.com |
Total Pages | : 386 |
Release | : 2010-10 |
Genre | : Social Science |
ISBN | : 1459604199 |
First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication.
Author | : Robert C. ELLICKSON |
Publisher | : Harvard University Press |
Total Pages | : 317 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 0674036433 |
Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law.