Right Of Redress PDF Download
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Author | : Andrew S. Gold |
Publisher | : Oxford Legal Philosophy |
Total Pages | : 257 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198814402 |
Download The Right of Redress Book in PDF, ePub and Kindle
The Right of Redress advances the discussion of corrective justice in private law by refocusing the reversal of transactions away from the prevailing account of the wrongdoer's remedial duty and toward the right of an individual to obtain redress, what the author terms 'redressive justice'.
Author | : Ronald J. Krotoszynski |
Publisher | : Yale University Press |
Total Pages | : 427 |
Release | : 2012-04-24 |
Genre | : Law |
ISBN | : 0300149905 |
Download Reclaiming the Petition Clause Book in PDF, ePub and Kindle
Since the 2004 presidential campaign, when the Bush presidential advance team prevented anyone who seemed unsympathetic to their candidate from attending his ostensibly public appearances, it has become commonplace for law enforcement officers and political event sponsors to classify ordinary expressions of dissent as security threats and to try to keep officeholders as far removed from possible protest as they can. Thus without formally limiting free speech the government places arbitrary restrictions on how, when, and where such speech may occur.
Author | : Andrew Gold |
Publisher | : Oxford University Press |
Total Pages | : 208 |
Release | : 2020-07-17 |
Genre | : Law |
ISBN | : 0192545574 |
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The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.
Author | : Richard Vernon |
Publisher | : A&C Black |
Total Pages | : 186 |
Release | : 2012-07-12 |
Genre | : Philosophy |
ISBN | : 1441121315 |
Download Historical Redress Book in PDF, ePub and Kindle
An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.
Author | : Emilios Christodoulidis |
Publisher | : Cambridge University Press |
Total Pages | : 607 |
Release | : 2021-04-15 |
Genre | : Law |
ISBN | : 1108802346 |
Download The Redress of Law Book in PDF, ePub and Kindle
From a legal-philosophical point of view, The Redress of Law presents a critical analysis of a number of related doctrinal fields: constitutional, labour and EU Law. Focusing on the organisation and protection of work, this book asks what it means to protect work as an essential aspect of human (individual and collective) flourishing. This is an ambitious and highly sophisticated intervention in contemporary academic and political debates around a set of critically important questions connected to processes of globalisation and market integration. The author redefines the nature of legal and political thought in an age in which market rationality has exceeded its classic domain and has come to pervade the organization of social and political life. This restatement of critical legal theory is intended to defend the concept of constitutionalism and suggest new ways to deploy the law strategically.
Author | : Don L Smith |
Publisher | : |
Total Pages | : 632 |
Release | : 1971 |
Genre | : Civil rights |
ISBN | : |
Download The Right to Petition for Redress of Grievances Book in PDF, ePub and Kindle
Author | : A. Naomi Paik |
Publisher | : UNC Press Books |
Total Pages | : 332 |
Release | : 2016-01-08 |
Genre | : History |
ISBN | : 1469626322 |
Download Rightlessness Book in PDF, ePub and Kindle
In this bold book, A. Naomi Paik grapples with the history of U.S. prison camps that have confined people outside the boundaries of legal and civil rights. Removed from the social and political communities that would guarantee fundamental legal protections, these detainees are effectively rightless, stripped of the right even to have rights. Rightless people thus expose an essential paradox: while the United States purports to champion inalienable rights at home and internationally, it has built its global power in part by creating a regime of imprisonment that places certain populations perceived as threats beyond rights. The United States' status as the guardian of rights coincides with, indeed depends on, its creation of rightlessness. Yet rightless people are not silent. Drawing from an expansive testimonial archive of legal proceedings, truth commission records, poetry, and experimental video, Paik shows how rightless people use their imprisonment to protest U.S. state violence. She examines demands for redress by Japanese Americans interned during World War II, testimonies of HIV-positive Haitian refugees detained at Guantanamo in the early 1990s, and appeals by Guantanamo's enemy combatants from the War on Terror. In doing so, she reveals a powerful ongoing contest over the nature and meaning of the law, over civil liberties and global human rights, and over the power of the state in people's lives.
Author | : Jon Mandle |
Publisher | : Cambridge University Press |
Total Pages | : 1112 |
Release | : 2014-12-11 |
Genre | : Philosophy |
ISBN | : 1316193985 |
Download The Cambridge Rawls Lexicon Book in PDF, ePub and Kindle
John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.
Author | : GOLD. |
Publisher | : |
Total Pages | : |
Release | : |
Genre | : |
ISBN | : 9780191851933 |
Download RIGHT OF REDRESS Book in PDF, ePub and Kindle
Author | : Aziz Z. Huq |
Publisher | : Oxford University Press |
Total Pages | : 193 |
Release | : 2021 |
Genre | : LAW |
ISBN | : 0197556817 |
Download The Collapse of Constitutional Remedies Book in PDF, ePub and Kindle
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--