A Critical Study Of Social Justice Under The Constitution
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A Critical Study of Social Justice Under the Constitution by Jahan Nishant Pdf
INTRODUCTION OF SOCIAL JUSTICE Social Justice is a revolutionary concept that provides meaning and significance to life and makes the rule of law dynamic. When Indian Societyseeks tomeet thechallenge ofsocio-economicinequalitybyits legislationandwiththeassistanceoftheruleofLaw;itseekstoachieve economicJusticewithoutanyviolent conflict.TheIdea of the welfare state is that the claims of social Justice must be treated as cardinal and paramount. SocialJusticeisnotablindconcept.Itseekstodo Justiceto all the citizen of the state. Social Justicemust be achieved by adopting necessaryandreasonable measures.
Race, Rights, and Justice by J. Angelo Corlett Pdf
Race, Rights, and Justice explores questions of the nature of law and constitutional interpretation, international law and global justice, and the nature, function, and importance of rights each from a perspective that takes seriously the realities of race and racism. After a critical assessment of various contemporary theories of law is provided, a new theory of legal interpretation is set forth and defended. The respective words of Immanuel Kant and H.L.A. Hart on the possibility and desirability of international law are carefully explicated. Following this, Race, Rights, and Justice defends John Rawls' Law of Peoples from the cosmopolitan liberal critique of it. The nature and importance of rights, both individual and collective, are clarified while correcting some political philosophies that have propagated confused rhetoric about rights. And the collective right to humanitarian intervention is investigated philosophically in terms of the recent problems in Colombia, with surprisingly original results. While the methodology of this book is thoroughly analytical, philosophically speaking, some of the conclusions drawn are substantially original, infusing the facts of race and racism into mainstream matters of philosophy of law. "In this collection of essays, J. Angelo Corlett continues his important work of bringing the perspective of indigenous peoples, and more generally of race, into mainstream philosophical debates about justice and rights. Corlett's book also has very valuable insights into the nature of international law that will greatly enrich our contemporary debates." (Larry May, Washington University in St. Louis, USA) "Angelo Corlett is a prolific writer whose work is invariably stimulating, provocative, and insightful. Race, Rights, and Justice is an important addition to the oeuvre. Corlett is not afraid to tackle big problems, and big names. See, for example, his scathing criticisms of Bork and Scalia on constitutional interpretation." (Burleigh T. Wilkins, University of California, Santa Barbara, USA)
The Mirage of Social Justice by Friedrich August Hayek Pdf
This is a three-part study of the relations between law and liberty. Volume 1 deals with the basic conceptions necessary for a critical analysis of prevailing theories of justice and of the conditions which a constitution securing personal liberty would have to satisfy. In volume 2, the author examines the theories of utilitariansim and legal positivism and considers the concept of 'social justice.' He shows this ideal to be devoid of meaning and therefore a most harmful and dangerous cause of the mis-direction of well-meant efforts: he demonstrates that it is a remnant of the tribal ethics of a closed society and whooly incompatible with the individual freedom whih the Open Society promises. In the final volume, Hayek analyses and discards modern sociobiological theories of morality and social conduct, demonstrating that man's behaviour pattern has been determined more by custom than by the exercise of reason, and that mind and culture therefore developed concurrently and not successively. He shows how the democratic ideal is in danger of miscarrying due to the erroneous assumptions that there can be moral standards without moral discipline, that the element of tradition can be ignored in proposals for restructuring society, and the way in which the disctinct ideals of egalitarianism and democracy are increasingly confused.
Democracy, States, and the Struggle for Social Justice by Heather D. Gautney,Neil Smith,Omar Dahbour,Ashley Dawson Pdf
Democracy, States, and the Struggle for Social Justice draws on the fields of geography, political theory, and cultural studies to analyze experiments with novel forms of democracy, highlighting the critical issue of the changing nature of the state and citizenship in the contemporary political landscape as they are buffeted by countervailing forces of corporate globalization and participatory politics. Using interesting case studies, the book explores these 3 main themes: the meaning of radical democracy in light of recent developments in democratic theory new spatial arrangements or scales of democracy – from local to global, from streets protests to the development of transnational networks the character and role of states in the development of new forms of democracy The book asks and answers: are participatory models of democracy viable alternatives in their own right or are they best understood as supplemental to traditional representative democracy? What are the conditions that give rise to the development of such models and are they equally effective at every scale; i.e., do they only realize their radical potential in particular, local places? A useful text in a broad range of advanced undergraduate courses including social movements, political sociology or geography, political philosophy.
Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.
Routledge Readings on Law and Social Justice by Kalpana Kannabiran Pdf
Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics.
Critical Human Rights Education by Michalinos Zembylas,André Keet Pdf
This book engages with human rights and human rights education (HRE) in ways that offer opportunities for criticality and renewal. It takes up various ideas, from critical and decolonial theories to philosophers and intellectuals, to theorize the renewal of HRE as Critical Human Rights Education. The point of departure is that the acceptable “truths” of human rights are seldom critically examined, and productive interpretations for understanding and acting in a world that is soaked in the violations these rights try to address, cannot emerge. The book cultivates a critical view of human rights in education and beyond, and revisits receivable categories of human rights to advance social-justice-oriented educational praxes. It focuses on the ways that issues of human rights, philosophy, and education come together, and how a critical project of their entanglements creates openings for rethinking human rights education (HRE) both theoretically and in praxis. Given the persistence of issues of human rights worldwide, this book will be useful to researchers and educators across disciplines and in numerous parts of the world.
Author : Patrick Macklem Publisher : University of Toronto Press Page : 348 pages File Size : 55,7 Mb Release : 2001-01-01 Category : Law ISBN : 0802080499
Indigenous Difference and the Constitution of Canada by Patrick Macklem Pdf
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
There is hardly a struggle aimed at upholding and extending therights embedded in the U.S. Constitution in which the Centerfor Constitutional Rights (CCR) has not played a central role,and yet few people have ever heard of it. Whether defendingthe rights of black people in the South, opponents of the war inVietnam and victims of torture worldwide, or fighting illegalactions of the U.S. government, the CCR has stood ready totake on all comers, regardless of their power and wealth. Whenthe United States declared that the Constitution did not applyto detainees at Guantanamo, the CCR waded fearlessly intobattle, its Legal Director declaring, “My job is to defend theConstitution from its enemies. Its main enemies right now arethe Justice Department and the White House.” In this first-ever comprehensive history of one of the most important legal organizations in the United States, the Center forConstitutional Rights, Albert Ruben shows us exactly what itmeans to defend the Constitution. He examines the innovativetactics of the CCR, the ways in which a radical organization isbuilt and nurtured, and the impact that the CCR has had onour very conception of the law. This book is a must-read notonly for lawyers, but for all the rest of us who may one day findour rights in jeopardy.
The International Forum for Social Development was a 3 year project undertaken by the United Nations. Department of Economic and Social Affairs between 2001 and 2004 to promote international cooperation for social development and supporting developing countries and social groups not benefiting from the globalization process. This publication provides an overview and interpretation of the discussions and debates that occurred at the four meetings of the Forum for Social Development held at the United Nations headquarters in New York, within the framework of the implementation of the outcome of the World Summit for Social Development.
Museums, Equality and Social Justice by Richard Sandell,Eithne Nightingale Pdf
The last two decades have seen concerns for equality, diversity, social justice and human rights move from the margins of museum thinking and practice, to the core. The arguments – both moral and pragmatic – for engaging diverse audiences, creating the conditions for more equitable access to museum resources, and opening up opportunities for participation, now enjoy considerable consensus in many parts of the world. A growing number of institutions are concerned to construct new narratives that represent a plurality of lived experiences, histories and identities which aim to nurture support for more progressive, ethically-informed ways of seeing and to actively inform contemporary public debates on often contested rights-related issues. At the same time it would be misleading to suggest an even and uncontested transition from the museum as an organisation that has been widely understood to marginalise, exclude and oppress to one which is wholly inclusive. Moreover, there are signs that momentum towards making museums more inclusive and equitable is slowing down or, in some contexts, reversing. Museums, Equality and Social Justice aims to reflect on and, crucially, to inform debates in museum research, policy and practice at this critical time. It brings together new research from academics and practitioners and insights from artists, activists, and commentators to explore the ways in which museums, galleries and heritage organisations are engaging with the fast-changing equalities terrain and the shifting politics of identity at global, national and local levels and to investigate their potential to contribute to more equitable, fair and just societies.
AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY by Dr. More Atul Lalasaheb Pdf