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The Right of Redress

The Right of Redress
Author: Andrew S. Gold
Publisher: Oxford Legal Philosophy
Total Pages: 257
Release: 2020
Genre: Law
ISBN: 0198814402

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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'.


The Redress of Law

The Redress of Law
Author: Emilios Christodoulidis
Publisher: Cambridge University Press
Total Pages: 607
Release: 2021-04-15
Genre: Law
ISBN: 1108802346

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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.


Reclaiming the Petition Clause

Reclaiming the Petition Clause
Author: Ronald J. Krotoszynski
Publisher: Yale University Press
Total Pages: 427
Release: 2012-04-24
Genre: Law
ISBN: 0300149905

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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.


Historical Redress

Historical Redress
Author: Richard Vernon
Publisher: A&C Black
Total Pages: 186
Release: 2012-07-12
Genre: Philosophy
ISBN: 1441121315

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An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.


RIGHT OF REDRESS

RIGHT OF REDRESS
Author: GOLD.
Publisher:
Total Pages:
Release:
Genre:
ISBN: 9780191851933

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Rightlessness

Rightlessness
Author: A. Naomi Paik
Publisher: UNC Press Books
Total Pages: 332
Release: 2016-01-08
Genre: History
ISBN: 1469626322

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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.


The Right of Redress

The Right of Redress
Author: Andrew S. Gold
Publisher: Oxford University Press
Total Pages: 208
Release: 2020-07-17
Genre: Law
ISBN: 0192545582

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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.


The Cambridge Rawls Lexicon

The Cambridge Rawls Lexicon
Author: Jon Mandle
Publisher: Cambridge University Press
Total Pages: 1112
Release: 2014-12-11
Genre: Philosophy
ISBN: 1316193985

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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.


Redress Schemes for Personal Injuries

Redress Schemes for Personal Injuries
Author: Sonia Macleod
Publisher: Bloomsbury Publishing
Total Pages: 731
Release: 2017-11-30
Genre: Law
ISBN: 1509916636

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This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.


Redress

Redress
Author: Roy Miki
Publisher: Raincoast Books
Total Pages: 406
Release: 2004
Genre: History
ISBN: 9781551926506

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From 1942 to 1949 some 23,000 Japanese Canadians were uprooted from their homes along the B.C. coast, dispossessed and dispersed across Canada. This passionate and compelling book - a creative blend of memoir, documentary history and critical examination - explores the Japanese Canadian redress movement of the late 20th century that resolved the violation of their citizenship rights during this mass expulsion. Governor General's Award-winner Roy Miki applies the concept of "negotiation" to the 20th century history of Japanese Canadians - a history formed out of complex mediations with a Canadian government that denied them fundamental rights. From the moment the first Japanese immigrants arrived in Canada, they had to confront, adjust to, and attempt to transform a system of laws and policies based on assumptions about race that predetermined the identities of all Japanese Canadian citizens. Miki recounts the prewar efforts of Japanese Canadians to counter racist policies and also revisits the turbulent period of their internment. He explores the complicated reactions and often bitter conflicts that emerged in a community being torn apart by the government's actions and policies. Dispelling the common assumption that Japanese Canadians simply acquiesced to their internment, Miki recounts dramatic attempts to negotiate with the federal government, which prefigured the redress efforts of the 1980s. The internal dynamics of the redress movement form the heart of Miki's book. Beginning with the acknowledgement of the settlement in the House of Commons, he unravels the history of the movement. Incorporating stories from his personal and family history, anecdotes of pivotal events, candid comments from interviews and documents only available in archival collections, Miki interweaves the strands of the movement that had to come together to create a redress language - and thus a voice - for Japanese Canadians. Book jacket.