Unjust Legality
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Author | : Martin Luther King |
Publisher | : HarperOne |
Total Pages | : 0 |
Release | : 2025-01-14 |
Genre | : History |
ISBN | : 9780063425811 |
A beautiful commemorative edition of Dr. Martin Luther King's essay "Letter from Birmingham Jail," part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. "Letter from Birmingham Jail" proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality.
Author | : Christopher Wellman |
Publisher | : Cambridge University Press |
Total Pages | : 216 |
Release | : 2005-07-25 |
Genre | : Philosophy |
ISBN | : 1316582965 |
The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.
Author | : Chantal Delsol |
Publisher | : Crosscurrents |
Total Pages | : 0 |
Release | : 2015-03-30 |
Genre | : Law |
ISBN | : 9781610171373 |
Now available in paperback this book offers a devastating critique of progressives' relentless quest for "international law" and "international justice". This purportedly humanitarian project represents a way for the Western world to do penance for its missionary, colonial, and imperial past. But Delsol shows how deeply flawed it is in all respects - in its premises, means, and ends.
Author | : Frederick Wilmot-Smith |
Publisher | : Harvard University Press |
Total Pages | : 273 |
Release | : 2019-10-08 |
Genre | : Law |
ISBN | : 0674243730 |
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.
Author | : Mitchell McInnes |
Publisher | : |
Total Pages | : 1785 |
Release | : 2014-03 |
Genre | : Unjust enrichment |
ISBN | : 9780433438199 |
"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
Author | : Michael Huemer |
Publisher | : Springer Nature |
Total Pages | : 375 |
Release | : 2021-09-06 |
Genre | : Philosophy |
ISBN | : 3030675432 |
America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.
Author | : Douglas W. Kieso |
Publisher | : LFB Scholarly Publishing |
Total Pages | : 302 |
Release | : 2005 |
Genre | : Law |
ISBN | : |
The California Three Strikes law was passed in 1994 as a wave of "strike" laws swept the United States. California's law was unique, however, because people convicted of possession of a small amount of narcotics or who committed petty crimes like shoplifting were receiving life sentences. Kieso studies prosecutorial discretion, judicial discretion, jury discretion with a focus on the inconsistencies in California's usage of its Three Strikes law. Contrary to the U.S. Supreme Court's 2003 decision, Ewing v. California, which upheld the law and to public perception, Kieso demonstrates that many unjust cases result from flaws in California's political system.
Author | : Alan Levinovitz |
Publisher | : Beacon Press |
Total Pages | : 264 |
Release | : 2020-04-07 |
Genre | : Philosophy |
ISBN | : 080701088X |
Illuminates the far-reaching harms of believing that natural means “good,” from misinformation about health choices to justifications for sexism, racism, and flawed economic policies. People love what’s natural: it’s the best way to eat, the best way to parent, even the best way to act—naturally, just as nature intended. Appeals to the wisdom of nature are among the most powerful arguments in the history of human thought. Yet Nature (with a capital N) and natural goodness are not objective or scientific. In this groundbreaking book, scholar of religion Alan Levinovitz demonstrates that these beliefs are actually religious and highlights the many dangers of substituting simple myths for complicated realities. It may not seem like a problem when it comes to paying a premium for organic food. But what about condemnations of “unnatural” sexual activity? The guilt that attends not having a “natural” birth? Economic deregulation justified by the inherent goodness of “natural” markets? In Natural, readers embark on an epic journey, from Peruvian rainforests to the backcountry in Yellowstone Park, from a “natural” bodybuilding competition to a “natural” cancer-curing clinic. The result is an essential new perspective that shatters faith in Nature’s goodness and points to a better alternative. We can love nature without worshipping it, and we can work toward a better world with humility and dialogue rather than taboos and zealotry.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : David Dyzenhaus |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2022-01-27 |
Genre | : History |
ISBN | : 1316518051 |
Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?