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Bringing Power to Justice? by Joanna Harrington,Michael Milde,Richard Vernon Pdf
Contributors include Dapo Akande (Oxford), Antonio Franceschet (Acadia), Tracy Isaacs (Western Ontario), Catherine Lu (McGill), Darryl Robinson (The International Criminal Court), Michael P. Scharf (Case Western Reserve School of Law), Alex Tuckness (Iowa State), and David Wippman (Cornell).
Bringing Power to Justice? by Joanna Harrington,Michael Milde,Richard Vernon Pdf
Contributors include Dapo Akande (Oxford), Antonio Franceschet (Acadia), Tracy Isaacs (Western Ontario), Catherine Lu (McGill), Darryl Robinson (The International Criminal Court), Michael P. Scharf (Case Western Reserve School of Law), Alex Tuckness (Iowa State), and David Wippman (Cornell).
We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. The COVID-19 socio-economic consequences can only be compared with those that followed World War II. As humanity is getting to grips with them, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. Structured around the four concepts of power, race, justice and restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides’s new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful and timely book that generates much needed hope. Through a multi-disciplinary dialogue that uses philosophy and critical theory, social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally.
Justice and Reconciliation in World Politics by Catherine Lu Pdf
This book examines how justice and reconciliation in world politics should be conceived in response to the injustice and alienation of modern colonialism?
What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.
Race-ing Justice, En-gendering Power by Toni Morrison Pdf
It was perhaps the most wretchedly aspersive race and gender scandal of recent times: the dramatic testimony of Anita Hill at the Senate hearings on the confirmation of Clarence Thomas as Supreme Court Justice. Yet even as the televised proceedings shocked and galvanized viewers not only in this country but the world over, they cast a long shadow on essential issues that define America. In Race-ing Justice, En-gendering Power, Nobel Prize winner Toni Morrison contributes an introduction and brings together eighteen provocative essays, all but one written especially for this book, by prominent and distinguished academicians—Black and white, male and female. These writings powerfully elucidate not only the racial and sexual but also the historical, political, cultural, legal, psychological, and linguistic aspects of a signal and revelatory moment in American history. With contributions by: Homi K. Bhabha, Margaret A. Burnham, Kimberlé Crenshaw, Paula Giddings, A. Leon Higginbotham, Jr., Claudia Brodsky Lacour, Wahneema Lubiano, Manning Marable, Nellie Y. McKay, Toni Morrison, Nell Irvin Painter, Gayle Pemberton, Andrew Ross, Christine Stansell, Carol M. Swain, Michael Thelwell, Kendall Thomas, Cornel West, Patricia J. Williams
Power and Justice in Medieval England by Joshua C. Tate Pdf
How the medieval right to appoint a parson helped give birth to English common law Appointing a parson to the local church following a vacancy--an "advowson"--was one of the most important rights in medieval England. The king, the monasteries, and local landowners all wanted to control advowsons because they meant political, social, and economic influence. The question of law turned on who had the superior legal claim to the vacancy--which was a type of property--at the time the position needed to be filled. In tracing how these conflicts were resolved, Joshua C. Tate takes a sharply different view from that of historians who focus only on questions of land ownership, and he shows that the English needed new legal contours to address the questions of ownership and possession that arose from these disputes. Tate argues that the innovations made necessary by advowson law helped give birth to modern common law and common law courts.
This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf
This volume is the first in a new series of Studies on the Frontiers of International Law. The term ‘frontier’ is traditionally associated with proximity to a boundary or a demarcation line. But it is also a connecting point, i.e., a passage or channel between spaces that are usually considered as separate entities. The Series aims to explore the visible and imaginary boundaries of scholarship in International Law. It is designed to test the existing table of contents, vocabulary and limits of ‘Public International Law’, to investigate lines and linkages between ‘centre’ and ‘periphery’, and to re-map or re-think some of its conceptual boundaries. The current volume is written in this spirit. It deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.
Co-production and Criminal Justice by Diana Johns,Catherine Flynn,Maggie Hall,Claire Spivakovsky,Shelley Turner Pdf
This book explores practical examples of co-production in criminal justice research and practice. Through a series of seven case studies, the authors examine what people do when they co-produce knowledge in criminal justice contexts: in prisons and youth detention centres; with criminalised women; from practitioners’ perspectives; and with First Nations communities. Co-production holds a promise: that people whose lives are entangled in the criminal justice system can be valued as participants and partners, helping to shape how the system works. But how realistic is it to imagine criminal justice "service users" participating, partnering, and sharing genuine decision-making power with those explicitly holding power over them? Taking a sophisticated yet accessible theoretical approach, the authors consider issues of power, hierarchy, and different ways of knowing to understand the perils and possibilities of co-production under the shadow of "justice". In exploring these complexities, this book brings cautious optimism to co-production partners and project leaders. The book provides a foundational text for scholars and practitioners seeking to apply co-production principles in their research and practice. With stories from Australia, the United Kingdom, and Ireland, the text will appeal to the international community. For students of criminology and social work, the book’s critical insights will enhance their work in the field.
Wellbeing, Justice and Development Ethics by Severine Deneulin Pdf
The question of the meaning of progress and development is back on the political agenda. How to frame this discontent and search for new alternatives when either Marxism or liberalism no longer provides a satisfactory framework? This book introduces in an accessible way the capability approach, first articulated by Amartya Sen in the early 1980s. Written for an international audience, but rooted in the Latin American reality - a region with a history of movements for social justice - the book argues that the capability approach provides to date, the most encompassing and compelling ethical framework with which to construct action for improving people’s wellbeing and reducing injustices in the world. This book outlines in a clear and concrete way what the capability approach is and its significance for the social sciences and policy. It describes the distinctiveness of the approach as an ethical framework for action and aims to stimulate critical reflection on current economic and social practices as well as providing a language with which to modify them within human wellbeing concerns. Comprehensive, practical and nuanced in its treatment of the capability approach, this highly original volume gives students, researchers and professionals in the field of development an innovative framing of the capability approach as a 'language' for action and provides specific examples of how it has made a difference.
With a new afterword from the authors, the critically praised indictment of widely embraced “alternatives to incarceration” Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data driven surveillance. Extended probation. These are some of the key alternatives held up as cost effective substitutes for jails and prisons. But in a searing, “cogent critique” (Library Journal), Maya Schenwar and Victoria Law reveal that many of these so-called reforms actually weave in new strands of punishment and control, bringing new populations who would not otherwise have been subject to imprisonment under physical control by the state. Whether readers are seasoned abolitionists or are newly interested in sensible alternatives to retrograde policing and criminal justice policies and approaches, this highly praised book offers “a wealth of critical insights” that will help readers “tread carefully through the dizzying terrain of a world turned upside down” and “make sense of what should take the place of mass incarceration” (The Brooklyn Rail). With a foreword by Michelle Alexander, Prison by Any Other Name exposes how a kinder narrative of reform is effectively obscuring an agenda of social control, challenging us to question the ways we replicate the status quo when pursuing change, and offering a bolder vision for truly alternative justice practices.
