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The Long Arc of Legality

The Long Arc of Legality
Author: David Dyzenhaus
Publisher: Cambridge University Press
Total Pages: 491
Release: 2022-01-27
Genre: Law
ISBN: 1009058851

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The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.


The Long Arc of Legality

The Long Arc of Legality
Author: David Dyzenhaus
Publisher: Cambridge University Press
Total Pages: 491
Release: 2022-01-27
Genre: History
ISBN: 1316518051

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Explores how the central question of philosophy of law is the legal subject's: how can that be law for me?


The Long Arc of Justice

The Long Arc of Justice
Author: Richard Mohr
Publisher: Columbia University Press
Total Pages: 157
Release: 2007-05
Genre: Law
ISBN: 0231135211

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Richard D. Mohr adopts a humanistic and philosophical approach to assessing public policy issues affecting homosexuals. His nuanced case for legal and social acceptance applies widely held ethical principles to various issues, including same-sex marriage, AIDS, and gays in the military. Mohr examines the nature of prejudices and other cultural forces that work against lesbian and gay causes and considers the role that sexuality plays in national rituals. In his support of same-sex marriage, Mohr defines matrimony as the development and maintenance of intimacy through which people meet their basic needs and carry out their everyday living, and he contends that this definition applies equally to homosexual and heterosexual couples. By drawing on culturally, legally, and ethically based arguments, Mohr moves away from tired political rhetoric and reveals the important ways in which the struggle for gay rights and acceptance relates to mainstream American society, history, and political life.


The Arc of Due Process in American Constitutional Law

The Arc of Due Process in American Constitutional Law
Author: E. Thomas Sullivan
Publisher: Oxford University Press
Total Pages: 264
Release: 2013-07-04
Genre: Law
ISBN: 0199990808

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In The Arc of Due Process in American Constitutional Law, Sullivan and Massaro identify the historical underpinnings of due process while describing the evolution of the American due process doctrine.


The Arc of Protection

The Arc of Protection
Author: T. Alexander Aleinikoff
Publisher: Stanford University Press
Total Pages: 129
Release: 2019-10-01
Genre: Political Science
ISBN: 1503611426

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The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.


Arc of Justice

Arc of Justice
Author: Kevin Boyle
Publisher: Henry Holt and Company
Total Pages: 432
Release: 2007-04-01
Genre: History
ISBN: 1429900164

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An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times. Arc of Justice is the winner of the 2004 National Book Award for Nonfiction.


Law’s Abnegation

Law’s Abnegation
Author: Adrian Vermeule
Publisher: Harvard University Press
Total Pages: 208
Release: 2016-11-14
Genre: Law
ISBN: 0674974719

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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.


Evidence for Hope

Evidence for Hope
Author: Kathryn Sikkink
Publisher: Princeton University Press
Total Pages: 328
Release: 2019-03-05
Genre: Political Science
ISBN: 0691192715

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A history of the successes of the human rights movement and a case for why human rights work Evidence for Hope makes the case that yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. Guantánamo is still open and governments are cracking down on NGOs everywhere. But human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to doubts about human rights laws and institutions. Past and current trends indicate that in the long term, human rights movements have been vastly effective. Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how essential advances can be sustained for decades to come.


Bending the Arc

Bending the Arc
Author: Keeda J. Haynes
Publisher: Hachette UK
Total Pages: 236
Release: 2021-11-16
Genre: Political Science
ISBN: 1541646290

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A searing exposé of the profound failures in our justice system, told by a woman who has journeyed from wrongfully accused prisoner to acclaimed public defender Keeda Haynes was a Girl Scout and a churchgoer, but after college graduation, she was imprisoned for a crime she didn’t commit. Her boyfriend had asked her to sign for some packages—packages she did not know were filled with marijuana. As a young Black woman falsely accused, prosecuted, and ultimately imprisoned, Haynes suffered the abuses of our racist and sexist justice system. But rather than give in to despair, she decided to fight for change. After her release, she attended law school at night, became a public defender, and ultimately staged a highly publicized campaign for Congress. At every turn of her unlikely story, she gives unique insights into the inequities built into our institutions. In the end, despite the injustice she endured, she emerges convinced that ours can become a true second-chance culture.


The Trial of Joan of Arc

The Trial of Joan of Arc
Author:
Publisher: Harvard University Press
Total Pages: 268
Release: 2009-07-01
Genre: History
ISBN: 0674038681

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No account is more critical to our understanding of Joan of Arc than the contemporary record of her trial in 1431. Convened at Rouen and directed by bishop Pierre Cauchon, the trial culminated in Joan's public execution for heresy. The trial record, which sometimes preserves Joan's very words, unveils her life, character, visions, and motives in fascinating detail. Here is one of our richest sources for the life of a medieval woman. This new translation, the first in fifty years, is based on the full record of the trial proceedings in Latin. Recent scholarship dates this text to the year of the trial itself, thereby lending it a greater claim to authority than had traditionally been assumed. Contemporary documents copied into the trial furnish a guide to political developments in Joan's career—from her capture to the attempts to control public opinion following her execution. Daniel Hobbins sets the trial in its legal and historical context. In exploring Joan's place in fifteenth-century society, he suggests that her claims to divine revelation conformed to a recognizable profile of holy women in her culture, yet Joan broke this mold by embracing a military lifestyle. By combining the roles of visionary and of military leader, Joan astonished contemporaries and still fascinates us today. Obscured by the passing of centuries and distorted by the lens of modern cinema, the story of the historical Joan of Arc comes vividly to life once again.