Reimagining Law And Justice

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Reimagining Administrative Justice

Author : Margaret Doyle,Nick O'Brien
Publisher : Springer Nature
Page : 163 pages
File Size : 45,6 Mb
Release : 2019-08-31
Category : Political Science
ISBN : 9783030213886

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Reimagining Administrative Justice by Margaret Doyle,Nick O'Brien Pdf

‘In their beautifully written book, O’Brien and Doyle tell a story of small places – where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O’Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.’—Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'—Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.’—Carolyn Hirst, Independent Researcher and Mediator, Hirstworks /divThis book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture./div/div

Reimagining Child Soldiers in International Law and Policy

Author : Mark A. Drumbl
Publisher : Oxford University Press
Page : 254 pages
File Size : 45,5 Mb
Release : 2012-01-26
Category : History
ISBN : 9780199592654

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Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl Pdf

Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

Reimagining To Kill a Mockingbird

Author : Austin Sarat,Martha Merrill Umphrey
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2013
Category : Law in literature
ISBN : 162534015X

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Reimagining To Kill a Mockingbird by Austin Sarat,Martha Merrill Umphrey Pdf

Reevaluates the legal and cultural significance of an iconic American film

Reimagining Advocacy

Author : Elizabeth C. Britt
Publisher : Penn State Press
Page : 187 pages
File Size : 52,5 Mb
Release : 2018-05-17
Category : Language Arts & Disciplines
ISBN : 9780271081335

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Reimagining Advocacy by Elizabeth C. Britt Pdf

Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.

Posthuman Legal Subjectivity

Author : Jana Norman
Publisher : Routledge
Page : 195 pages
File Size : 54,9 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424843

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Posthuman Legal Subjectivity by Jana Norman Pdf

This book provides a reimagining of how Western law and legal theory structures the human–earth relationship. As a complement to contemporary efforts to establish rights of nature and non-human legal personhood, this book focuses on the other subject in the human–earth relationship: the human. Critical ecological feminism exposes the dualistic nature of the ideal human legal subject as a key driver in the dynamic of instrumentalism that characterises the human–earth relationship in Western culture. This book draws on conceptual fields associated with the new sciences, including new materialism, posthuman critical theory and Big History, to demonstrate that the naturalised hierarchy of humans over nature in the Western social imaginary is anything but natural. It then sets about constructing a counternarrative. The proposed ‘Cosmic Person’ as alternative, non-dualised human legal subject forges a pathway for transforming the Western cultural understanding of the human–earth relationship from mastery and control to ideal co-habitation. Finally, the book details a case study, highlighting the practical application of the proposed reconceptualisation of the human legal subject to contemporary environmental issues. This original and important analysis of the legal status of the human in the Anthropocene will be of great interest to those working in legal theory, jurisprudence, environmental law and the environmental humanities; as well as those with relevant interests in gender studies, cultural studies, feminist theory, critical theory and philosophy.

Reimagining Restorative Justice

Author : David O'Mahony,Jonathan Doak
Publisher : Bloomsbury Publishing
Page : 269 pages
File Size : 43,7 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781782251972

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Reimagining Restorative Justice by David O'Mahony,Jonathan Doak Pdf

"Restorative justice theory has largely failed to keep pace with the rapid expansion of restorative practices worldwide – indeed, it is remarkable how much support RJ has when so few advocates can even define what it is. As such, this insightful and comprehensive new contribution from two of the top scholars on the frontlines of restorative justice research is hugely welcome." Professor Shadd Maruna, Centre for Criminology and Criminal Justice, University of Manchester "Reimagining Restorative Justice is a reflective and balanced reconsideration of restorative justice. It deftly sweeps across the large literature on the subject, putting it in perspective, seeing anew through its wide-angle lens. Empowerment and accountability provide a fertile framework for this richly reimagined justice." Professor John Braithwaite, Australian National University "David O'Mahony and Jonathan Doak have made a significant contribution to the confusing and over-complicated field of restorative justice theory. They do so through their use of empowerment theory to bring conceptual and operational clarity to the concepts of agency and accountability in restorative processes and outcomes. As a result they develop a convincing argument for face to face dialogue between victim and perpetrator within the core of the criminal justice system. Their emphasis upon ethical and skilful practice is a welcome riposte to the rapid spread of 'restorative justice lite' driven by managerialism and the need to cut costs." Tim Chapman, Lecturer at the University of Ulster. "O'Mahony and Doak convincingly argue that rapid developments in the practice of restorative interventions have outstripped restorative justice theory. They provide both an outstandingly helpful review of the literature and a fresh theoretical approach based on empowerment theory. Everyone seriously interested in restorative justice will want to reflect carefully on the authors' conclusions." Anthony Bottoms, Emeritus Wolfson Professor of Criminology at the University of Cambridge. In recent years, restorative-based interventions have expanded rapidly and are increasingly viewed as a legitimate, and even superior means of delivering justice. The result of this swift but piecemeal development has been that restorative justice practice has outpaced the development of restorative justice theory. This book takes up this challenge by 'reimagining' a new framework for the operation of restorative justice within criminal justice. In essence, it is contended that the core empowering values of 'agency' and 'accountability' provide a lens for reimagining how restorative justice works and the normative goals it ought to encompass.

Avoiding Extinction: Reimagining Legal Services for the 21St Century

Author : Mitchell Kowalski
Publisher : iUniverse
Page : 152 pages
File Size : 43,9 Mb
Release : 2016-04-21
Category : Law
ISBN : 9781491793169

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Avoiding Extinction: Reimagining Legal Services for the 21St Century by Mitchell Kowalski Pdf

“Mitch Kowalski has translated his considerable understanding of tomorrow’s legal profession into an original, provocative and entertaining narrative.” —Professor Richard Susskind, author of The End of Lawyers? “This is the most innovative law practice management book I’ve ever seen. Mitch has deftly combined an engaging novel about the lives of working lawyers with an illuminating treatise on how law firms must respond to extraordinary change in the legal marketplace. Avoiding Extinction is as entertaining as it is instructive -- and it couldn’t be more timely.” —Jordan Furlong, Partner, Edge International “This is a must read for managing partners, and for all lawyers under the age of 50. Written as a parable, once you pick it up it’s difficult to put down. And it literally screams relevance to the lives of those lawyers today who worry about the sustainability of the current model of legal practice. Big firm or small. City or rural – no matter, this book is for you. Can the law be both a profession and a business? Is it possible to escape the tyranny of the billable hour? Is it realistic to imagine being a truly happy lawyer in private practice in the twenty-first century? You bet – and Mitch Kowalski shows us how! —Ian Holloway QC, Dean of Law, The University of Calgary “Avoiding Extinction is the most original, far-thinking and innovative book on transforming the way that law is practised that I have ever read. Mitch has taken the traditional law firm and turned it upside down. In the process he has reworked the law firm model and given us an insight into how a firm could be structured and run. If you are looking for a creative vision into what a new, truly different law firm could look like, then this book is manna from heaven.” —David J. Bilinsky, Practice Management Advisor, lawyer and writer on law practice management and technology. Creator of the law blog, Thoughtful Legal Management.

Reimagining the State

Author : Davina Cooper,Nikita Dhawan,Janet Newman
Publisher : Routledge
Page : 441 pages
File Size : 52,5 Mb
Release : 2019-07-30
Category : Law
ISBN : 9781351209090

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Reimagining the State by Davina Cooper,Nikita Dhawan,Janet Newman Pdf

This book examines what value, if any, the state has for the pursuit of progressive politics; and how it might need to be reimagined and remade to deliver transformative change. Is it possible to reimagine the state in ways that open up projects of political transformation? This interdisciplinary collection provides alternative perspectives to the ‘antistatism’ of much critical writing and contemporary political movement activism. Contributors explore ways of reimagining the state that attend critically to the capitalist, neoliberal, gendered and racist conditions of contemporary polities, yet seek to hold onto the state in the process. Drawing on postcolonial, poststructuralist, feminist, queer, Marxist and anarchist thinking, they consider how states might be reread and reclaimed for radical politics. At the heart of this book is state plasticity – the capacity of the state conceptually and materially to take different forms. This plasticity is central to transformational thinking and practice, and to the conditions and labour that allow it to take place. But what can reimagining do; and what difficulties does it confront? This book will appeal to academics and research students concerned with critical and transformative approaches to state theory, particularly in governance studies, politics and political theory, socio-legal studies, international relations, geography, gender/sexuality, cultural studies and anthropology.

Reimagining Rehabilitation

Author : Lol Burke,Steve Collett,Fergus McNeill
Publisher : Routledge
Page : 206 pages
File Size : 49,8 Mb
Release : 2018-09-17
Category : Social Science
ISBN : 9781315310152

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Reimagining Rehabilitation by Lol Burke,Steve Collett,Fergus McNeill Pdf

This book aims to make the case for and provide some of the resources necessary to reimagine rehabilitation for twenty-first-century criminal justice. Outlining an approach to rehabilitation which takes into account wider democratic processes, political structures and mechanisms of resource allocation, the authors develop a new model of rehabilitation comprising four forms – personal, legal, social and moral. Personal rehabilitation concerns how individuals make their journeys away from offending and towards reintegration and how they can be supported to do so, whilst legal rehabilitation concerns the role of the criminal courts in the process of restricting and then restoring the rights and status of citizens. Moral rehabilitation is concerned with the ethical basis of the interactions between the individual who has offended and the people and organisations charged with providing rehabilitative services. Social rehabilitation explores the crucial contribution civil society can make to rehabilitation, exploring this through the lens of citizenship, community and social capital. Drawing on the conceptual insights offered in the late Stan Cohen’s seminal work – Visions of Social Control – and specifically his insistence that modern social institutions can aspire to doing good and doing justice, the authors argue that these values can underpin a moral pragmatism in designing social interventions that must go beyond achieving simply instrumental ends. Reimaging rehabilitation within the context of social action and social justice, this book is essential reading for students and scholars alike, particularly those engaged with criminal justice policy, probation and offender rehabilitation.

Queering Criminology in Theory and Praxis

Author : Carrie L. Buist,Lindsay Kahle Semprevivo
Publisher : Policy Press
Page : 334 pages
File Size : 51,6 Mb
Release : 2023-06
Category : Social Science
ISBN : 9781529210705

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Queering Criminology in Theory and Praxis by Carrie L. Buist,Lindsay Kahle Semprevivo Pdf

This ground-breaking book explores the practical applications of queer theory for criminal justice practitioners.

Black Girlhood, Punishment, and Resistance

Author : Nishaun T. Battle
Publisher : Routledge
Page : 170 pages
File Size : 45,7 Mb
Release : 2019-08-29
Category : Social Science
ISBN : 9781351973434

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Black Girlhood, Punishment, and Resistance by Nishaun T. Battle Pdf

Black Girlhood, Punishment, and Resistance: Reimagining Justice for Black Girls in Virginia provides a historical comprehensive examination of racialized, classed, and gendered punishment of Black girls in Virginia during the early twentieth century. It looks at the ways in which the court system punished Black girls based upon societal accepted norms of punishment, hinged on a notion that they were to be viewed and treated as adults within the criminal legal system. Further, the book explores the role of Black Club women and girls as agents of resistance against injustice by shaping a social justice framework and praxis for Black girls and by examining the establishment of the Virginia Industrial School for Colored Girls. This school was established by the Virginia State Federation of Colored Women’s Clubs and its first President, Janie Porter Barrett. This book advances contemporary criminological understanding of punishment by locating the historical origins of an environment normalizing unequal justice. It draws from a specific focus on Janie Porter Barrett and the Virginia Industrial School for Colored Girls; a groundbreaking court case of the first female to be executed in Virginia; historical newspapers; and Black Women’s Club archives to highlight the complexities of Black girls’ experiences within the criminal justice system and spaces created to promote social justice for these girls. The historical approach unearths the justice system’s role in crafting the pervasive devaluation of Black girlhood through racialized, gendered, and economic-based punishment. Second, it offers insight into the ways in which, historically, Black women have contributed to what the book conceptualizes as “resistance criminology,” offering policy implications for transformative social and legal justice for Black girls and girls of color impacted by violence and punishment. Finally, it offers a lens to explore Black girl resistance strategies, through the lens of the Black Girlhood Justice framework. Black Girlhood, Punishment, and Resistance uses a historical intersectionality framework to provide a comprehensive overview of cultural, socioeconomic, and legal infrastructures as they relate to the punishment of Black girls. The research illustrates how the presumption of guilt of Black people shaped the ways that punishment and the creation of deviant Black female identities were legally sanctioned. It is essential reading for academics and students researching and studying crime, criminal justice, theoretical criminology, women’s studies, Black girlhood studies, history, gender, race, and socioeconomic class. It is also intended for social justice organizations, community leaders, and activists engaged in promoting social and legal justice for the youth.

Reimagining To Kill a Mockingbird

Author : Austin Sarat,Martha Merrill Umphrey
Publisher : Unknown
Page : 196 pages
File Size : 50,8 Mb
Release : 2013
Category : Law in literature
ISBN : 1613762712

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Reimagining To Kill a Mockingbird by Austin Sarat,Martha Merrill Umphrey Pdf

Reimagining Clinical Legal Education

Author : Linden Thomas,Steven Vaughan,Bharat Malkani,Theresa Lynch
Publisher : Bloomsbury Publishing
Page : 350 pages
File Size : 49,9 Mb
Release : 2018-10-04
Category : Law
ISBN : 9781509913527

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Reimagining Clinical Legal Education by Linden Thomas,Steven Vaughan,Bharat Malkani,Theresa Lynch Pdf

Clinical Legal Education (CLE) can be defined in broad terms as the study of law through real, or simulated, casework. It enables students to experience the law in action and to reflect on those experiences. CLE offers an alternative learning experience to the traditional lecture/seminar method and allows participants to take the study of law beyond the lecture theatre and library. CLE has been a part of English law schools for several decades and is becoming an increasingly popular component of a number of programmes. It is also well established in North America, Australia and many other countries around the globe. In some law schools, CLE is credit-bearing; in others, it is an extracurricular activity. Some CLE schemes focus on social-welfare law, whilst others are commercially orientated. A number are run in conjunction with third-sector organisations and many are supported by private practice law firms. This edited collection brings together academics, lawyers, third-sector organisations and students to discuss the present experience and potential of CLE. As such, it will be of interest to a wide and diverse audience, both within and outside the UK.

Intersectional Discrimination

Author : Shreya Atrey
Publisher : Oxford University Press
Page : 256 pages
File Size : 47,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780192588838

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Intersectional Discrimination by Shreya Atrey Pdf

This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

Reimagining the Court of Protection

Author : Jaime Lindsey
Publisher : Cambridge University Press
Page : 265 pages
File Size : 43,5 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781108834421

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Reimagining the Court of Protection by Jaime Lindsey Pdf

Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.