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Constitutive Justice

Constitutive Justice
Author: William A. Barbieri
Publisher: Springer
Total Pages: 274
Release: 2015-09-15
Genre: Political Science
ISBN: 1137263253

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Both classical and modern accounts of justice largely overlook the question of how the communities within which justice applies are constituted in the first place. This book addresses that problem, arguing that we need to accord a place to the theory of 'constitutive justice' alongside traditional categories of distributive and commutative justice.


Constitutive Justice

Constitutive Justice
Author: William A. Barbieri
Publisher: Springer
Total Pages: 441
Release: 2015-09-15
Genre: Political Science
ISBN: 1137263253

Download Constitutive Justice Book in PDF, ePub and Kindle

Both classical and modern accounts of justice largely overlook the question of how the communities within which justice applies are constituted in the first place. This book addresses that problem, arguing that we need to accord a place to the theory of 'constitutive justice' alongside traditional categories of distributive and commutative justice.


Constitutive Criminology at Work

Constitutive Criminology at Work
Author: Stuart Henry
Publisher: SUNY Press
Total Pages: 336
Release: 1999-08-12
Genre: Social Science
ISBN: 9780791441947

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Provides the first applications of constitutive criminology, a theoretical framework inspired by postmodernism, to specific areas of criminological practice.


Constitutive Criminology at Work

Constitutive Criminology at Work
Author: Stuart Henry
Publisher: State University of New York Press
Total Pages: 336
Release: 1999-08-12
Genre: Social Science
ISBN: 1438406517

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Constitutive Criminology at Work reveals the value of applying postmodernist-informed constitutive criminology to issues of crime and justice. A holistic, integrated criminological theory, constitutive criminology takes serious account of the interrelated contributions of human agency and social forces and argues that crime is an integral part of the total material and cultural production of society. Consequently, analysis and control of crime cannot be separated from the wider structural and cultural contexts in which it is produced. This book argues that constitutive criminology can ultimately help society out of its obsession with the crime and punishment cycle. Based on applications and empirical research within the theoretical framework first presented in the editors' earlier volume, Constitutive Criminology: Beyond Postmodernism, this new book brings together scholars and practitioners who have applied constitutive theory to specific areas of crime and justice practice. It extends development of the constitutive project by drawing together studies that found constitutive theory helpful in understanding distinct problems in the applied world of crime and justice. [Contributors include Bruce Arrigo, Gregg Barak, Mary Bosworth, John Brigham, Dion Dennis, Victor E. Kappeler, Peter Kraska, Lisa Sanchez, Robert Schehr, Jim Thomas, James Williams, and T. R. Young.]


Justice and Power in Sociolegal Studies

Justice and Power in Sociolegal Studies
Author: Bryant G. Garth
Publisher: Northwestern University Press
Total Pages: 390
Release: 1998
Genre: Law
ISBN: 9780810114333

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Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.


Philosophy of Private Law

Philosophy of Private Law
Author: William Lucy
Publisher: OUP Oxford
Total Pages: 456
Release: 2006-12-14
Genre: Law
ISBN: 0191581437

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On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.


The International Court of Justice

The International Court of Justice
Author: Robert Kolb
Publisher: Bloomsbury Publishing
Total Pages: 1362
Release: 2013-08-30
Genre: Law
ISBN: 1782256032

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Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.


Justifying Injustice

Justifying Injustice
Author: Herlinde Pauer-Studer
Publisher: Cambridge University Press
Total Pages: 283
Release: 2020-09-24
Genre: Law
ISBN: 110891635X

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Post-war legal scholars commonly consider the Third Reich's judicial system to be the paradigm of 'evil law'. By examining how crucial parts of this distorted normative order evolved and were justified by regime-loyal legal theorists, we can appreciate how law can bend to a political ideology and fail to keep state power from transgressing elementary standards of humanity and the rule of law. From 1933 to 1939, a flood of publications reflected on the question of how to adapt law to the political ends of National Socialism, debating both the normative and constitutional foundations of the National Socialist state, and the proper form and content of criminal and police law in this new political framework. These debates, the main threads of which are central to this book, reveal the normative ideas driving the Führer state and the legal subtext to the Nazi regime's escalating atrocities.


Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)

Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
Author: Anggraeni Endah Kusumaningrum
Publisher: Springer Nature
Total Pages: 770
Release: 2023-04-16
Genre: Law
ISBN: 2384760246

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This is an open access book. ICLEH will bring the theme of “Recover Together, Stronger Together Through the Development of Law, Economy and Health.”, as our commitment to continuously sharing and disseminating the development of knowledge in the field of Social Science and Law. Through this conference, therefore, we do encourage international collaboration, idea-sharing and networking among experts and participants in the respected field of law, economy and health discipliners.


The New Civil Rights Research

The New Civil Rights Research
Author: Benjamin Fleury-Steiner
Publisher: Ashgate Publishing, Ltd.
Total Pages: 280
Release: 2006
Genre: Law
ISBN: 9780754624400

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Bringing together some of the most innovative and important research on civil rights law and legality, this book draws on narratives of individuals to provide a rich understanding of what happens when law interacts with other competing systems. The collection moves beyond the traditional polarizing debates and presents a constitutive approach to rights that is not reducible to a simple 'for or against' rights formula.