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Letter from Birmingham Jail

Letter from Birmingham Jail
Author: MARTIN LUTHER KING JR.
Publisher: Penguin Classics
Total Pages: 0
Release: 2018
Genre: Political Science
ISBN: 9780241339466

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This landmark missive from one of the greatest activists in history calls for direct, non-violent resistance in the fight against racism, and reflects on the healing power of love.


Unjust Legality

Unjust Legality
Author: James L. Marsh
Publisher: Rowman & Littlefield
Total Pages: 228
Release: 2001
Genre: Law
ISBN: 9780742512610

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This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism. Visit our website for sample chapters!


Is There a Duty to Obey the Law?

Is There a Duty to Obey the Law?
Author: Christopher Wellman
Publisher: Cambridge University Press
Total Pages: 216
Release: 2005-07-25
Genre: Philosophy
ISBN: 1316582965

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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.


Unjust Justice

Unjust Justice
Author: Chantal Delsol
Publisher: Crosscurrents
Total Pages: 0
Release: 2015-03-30
Genre: Law
ISBN: 9781610171373

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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.


Justice before the Law

Justice before the Law
Author: Michael Huemer
Publisher: Springer Nature
Total Pages: 375
Release: 2021-09-06
Genre: Philosophy
ISBN: 3030675432

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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.


Equal Justice

Equal Justice
Author: Frederick Wilmot-Smith
Publisher: Harvard University Press
Total Pages: 273
Release: 2019-10-08
Genre: Law
ISBN: 0674243730

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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.


Judges and Unjust Laws

Judges and Unjust Laws
Author: Douglas E. Edlin
Publisher: University of Michigan Press
Total Pages: 338
Release: 2008-12-02
Genre: Law
ISBN: 0472116622

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"A powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law In Judges and Unjust Laws, Douglas Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor in the Department of Political Science at Dickinson College.


The People Vs. the State

The People Vs. the State
Author: Luke von Trapp
Publisher:
Total Pages: 66
Release: 2018-05-22
Genre:
ISBN: 9781982954307

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Good people refuse to enforce bad laws, but how do you force change in the justice system? How do the people peacefully take power back from an overreaching government? How do you stop thousands of people from being victimized by law enforcement and corrupt courts? The answer...through jury nullification.Learn the secrets of the legal system that the courts hate for you to know, but are powerless to prevent you from exercising. You could be that one person that begins forcing a change in your city, county, or state that saves countless lives from the cesspool of the "justice" system.As one of the closely guarded secrets of the legal system, jury nullification places the power of the entire legal structure of the country back into the hands of the people and allows them to nullify bad laws through refusing to convict on laws you don't agree with. Under this system of checks and balances, juries act as the sole authority over both the legislative and judicial systems of the Federal and State governments."The jury is a check on us--it's a check on the judges. I think the Framers were not willing to trust, in criminal cases, the judges to find the facts. Indeed, you know at the beginning, when the Constitution was ratified, juries used to find not only the facts, but the law. " - Supreme Court Justice Antonin Scalia"I consider [trial by jury] as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution." - Thomas Jefferson"It is not only his right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court."- John AdamsIn this collection of essays you will learn:-What jury nullification is-Why jury nullification is important-Why free speech is not allowed in the courts-Who actually holds the power over the entire system (spoiler alert... it's you.)- and much, much moreJury nullification takes the power away from those who profit from our current criminal justice system and place it in the rightful hands of the people. Lawyers and judges thrive off people feeling powerless and who obey their edicts as though they were absolute; however, the only person who has absolute power in the courtroom is that one lone juror.. and that could be you."If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence... If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision." - United States v. Moylan, 4th Circuit Court of Appeals, 1969, 417 F.2d at 1006


Judges and Unjust Laws

Judges and Unjust Laws
Author: Douglas E. Edlin
Publisher: University of Michigan Press
Total Pages: 336
Release: 2010-07-22
Genre: Law
ISBN: 0472034154

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"With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Professor of Philosophy and Professor of Law, University of North Carolina at Chapel Hill, and author of Bentham and the Common Law Tradition "Douglas Edlin builds a powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law "Professor Edlin's fascinating and well-researched distinction between constitutional review and common law review should influence substantially both scholarship on the history of judicial power in the United States and contemporary jurisprudential debates on the appropriate use of that power." ---Mark Graber, Professor of Law and Government, University of Maryland, and author of Dred Scott and the Problem of Constitutional Evil Is a judge legally obligated to enforce an unjust law? In Judges and Unjust Laws, Douglas E. Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor of Political Science at Dickinson College.


Unjust Sentencing and the California Three Strikes Law

Unjust Sentencing and the California Three Strikes Law
Author: Douglas W. Kieso
Publisher: LFB Scholarly Publishing
Total Pages: 302
Release: 2005
Genre: Law
ISBN:

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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.