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The Enterprise of Law

The Enterprise of Law
Author: Bruce L. Benson
Publisher:
Total Pages: 0
Release: 2011
Genre: Law
ISBN: 9781598130447

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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.


Law, History, and Justice

Law, History, and Justice
Author: Annette Weinke
Publisher: Berghahn Books
Total Pages: 529
Release: 2018-12-17
Genre: Political Science
ISBN: 1805399020

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Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.


Law, Justice and the State

Law, Justice and the State
Author: International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher: Franz Steiner Verlag
Total Pages: 280
Release: 1995
Genre: Civil rights
ISBN: 9783515066051

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States of Justice

States of Justice
Author: Oumar Ba
Publisher: Cambridge University Press
Total Pages: 207
Release: 2020-07-02
Genre: Law
ISBN: 1108806082

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This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.


Law, Justice, and the State

Law, Justice, and the State
Author: Mikael M. Karlsson
Publisher:
Total Pages: 492
Release: 1993
Genre: Democracy
ISBN:

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The problem of the minority voice is an old problem, but one that has not been adequately dealt with. Democracy, in the forms in which it has been institutionalized, has not insured humane prison conditions, equality of the sexes, satisfactory child protection, adequate legal representation, or minority rights; indeed, democracy is often advanced as an excuse for ignoring these issues. The problem of getting a fair and effective hearing for the small, the weak, the poor, and the disadvantaged still lies before us. Such are some of the questions of law, justice and the state toward which the studies in this volume were meant to be directed. They are among the vital questions of our time, and not only in Europe.This volume presents papers which were all delivered at the 16th IVR World Congress in Reykjavík. Many legal theorists, social philosophers and social scientists have done an excellent work on the topics of nationality and nationalism, the state, the evolution of democracy, competing conceptions of justice, and ideologies and strategies for the future.


Non-State Justice Institutions and the Law

Non-State Justice Institutions and the Law
Author: M. Kötter
Publisher: Springer
Total Pages: 262
Release: 2015-02-02
Genre: Political Science
ISBN: 1137403284

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This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.


Law, Justice and the State

Law, Justice and the State
Author: Internationale Vereinigung für Rechts- und Sozialphilosophie. Weltkongreß
Publisher:
Total Pages:
Release: 1995
Genre:
ISBN:

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Law and Justice around the World

Law and Justice around the World
Author: Mikaila Mariel Lemonik Arthur
Publisher: Univ of California Press
Total Pages: 368
Release: 2020-02-25
Genre: Law
ISBN: 0520971582

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Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.


Law, Justice and the State: Problems in law

Law, Justice and the State: Problems in law
Author: International Association for Philosophy of Law and Social Philosophy. World Congress
Publisher: Franz Steiner Verlag
Total Pages: 206
Release: 1995
Genre: Human rights
ISBN: 9783515066792

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Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.


Global Justice, State Duties

Global Justice, State Duties
Author: Malcolm Langford
Publisher: Cambridge University Press
Total Pages: 497
Release: 2013
Genre: Law
ISBN: 1107012775

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Explores whether states possess extraterritorial obligations under international law to respect and ensure economic, social and cultural rights.