Rights Wrongs And Injustices

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Rights, Wrongs, and Injustices

Stephen A. Smith
Rights Wrongs and Injustices Book PDF

Author : Stephen A. Smith
Publisher : Oxford University Press
Page : 368 pages
File Size : 42,5 Mb
Release : 2019-11-07
Category : Law
ISBN : 9780191058752

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Rights, Wrongs, and Injustices by Stephen A. Smith Pdf

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

To Right Historical Wrongs

Carmela Murdocca
To Right Historical Wrongs Book PDF

Author : Carmela Murdocca
Publisher : UBC Press
Page : 281 pages
File Size : 52,5 Mb
Release : 2013-10-15
Category : Social Science
ISBN : 9780774824996

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To Right Historical Wrongs by Carmela Murdocca Pdf

Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.

Rights from Wrongs

Alan M. Dershowitz
Rights from Wrongs Book PDF

Author : Alan M. Dershowitz
Publisher : Hachette UK
Page : 272 pages
File Size : 40,9 Mb
Release : 2009-04-20
Category : Law
ISBN : 9780786737734

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Rights from Wrongs by Alan M. Dershowitz Pdf

This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are "natural"-if, in the words of the Declaration of Independence, it is "self-evident that all men are endowed . . . with certain inalienable rights"-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the "rights" of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.

Rights, Wrongs, and Injustices

Stephen A. Smith
Rights Wrongs and Injustices Book PDF

Author : Stephen A. Smith
Publisher : Oxford University Press, USA
Page : 369 pages
File Size : 40,5 Mb
Release : 2019-11-12
Category : Law
ISBN : 9780199229772

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Rights, Wrongs, and Injustices by Stephen A. Smith Pdf

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Anatomy of Injustice

Raymond Bonner
Anatomy of Injustice Book PDF

Author : Raymond Bonner
Publisher : Vintage
Page : 338 pages
File Size : 44,7 Mb
Release : 2013-01-08
Category : True Crime
ISBN : 9780307948540

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Anatomy of Injustice by Raymond Bonner Pdf

From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.

The Wrong of Injustice

Mari Mikkola
The Wrong of Injustice Book PDF

Author : Mari Mikkola
Publisher : Oxford University Press
Page : 336 pages
File Size : 54,9 Mb
Release : 2016-07-01
Category : Philosophy
ISBN : 9780190601102

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The Wrong of Injustice by Mari Mikkola Pdf

This book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.

Enduring Injustice

Jeff Spinner-Halev
Enduring Injustice Book PDF

Author : Jeff Spinner-Halev
Publisher : Cambridge University Press
Page : 247 pages
File Size : 52,8 Mb
Release : 2012-04-19
Category : Law
ISBN : 9781107017511

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Enduring Injustice by Jeff Spinner-Halev Pdf

Argues that understanding the impact of past injustices faced by some peoples can help us understand and overcome injustice today.

Oxford Studies in Private Law Theory: Volume I

Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Oxford Studies in Private Law Theory Volume I Book PDF

Author : Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek
Publisher : Oxford University Press, USA
Page : 257 pages
File Size : 45,9 Mb
Release : 2021-01-15
Category : Law
ISBN : 9780198851356

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Oxford Studies in Private Law Theory: Volume I by Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller,Paul B. Miller,John Oberdiek Pdf

This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.

What's Wrong with Rights?

Radha D'Souza
What s Wrong with Rights Book PDF

Author : Radha D'Souza
Publisher : Pluto Press (UK)
Page : 0 pages
File Size : 48,9 Mb
Release : 2018
Category : Human rights
ISBN : 0745335403

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What's Wrong with Rights? by Radha D'Souza Pdf

A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

Landscapes of Injustice

Jordan Stanger-Ross
Landscapes of Injustice Book PDF

Author : Jordan Stanger-Ross
Publisher : McGill-Queen's Press - MQUP
Page : 128 pages
File Size : 40,9 Mb
Release : 2020-08-20
Category : History
ISBN : 9780228003076

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Landscapes of Injustice by Jordan Stanger-Ross Pdf

In 1942, the Canadian government forced more than 21,000 Japanese Canadians from their homes in British Columbia. They were told to bring only one suitcase each and officials vowed to protect the rest. Instead, Japanese Canadians were dispossessed, all their belongings either stolen or sold. The definitive statement of a major national research partnership, Landscapes of Injustice reinterprets the internment of Japanese Canadians by focusing on the deliberate and permanent destruction of home through the act of dispossession. All forms of property were taken. Families lost heirlooms and everyday possessions. They lost decades of investment and labour. They lost opportunities, neighbourhoods, and communities; they lost retirements, livelihoods, and educations. When Japanese Canadians were finally released from internment in 1949, they had no homes to return to. Asking why and how these events came to pass and charting Japanese Canadians' diverse responses, this book details the implications and legacies of injustice perpetrated under the cover of national security. In Landscapes of Injustice the diverse descendants of dispossession work together to understand what happened. They find that dispossession is not a chapter that closes or a period that neatly ends. It leaves enduring legacies of benefit and harm, shame and silence, and resilience and activism.

Rights Gone Wrong

Richard Thompson Ford
Rights Gone Wrong Book PDF

Author : Richard Thompson Ford
Publisher : Farrar, Straus and Giroux
Page : 283 pages
File Size : 54,8 Mb
Release : 2011-10-25
Category : Law
ISBN : 9781429969253

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Rights Gone Wrong by Richard Thompson Ford Pdf

A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Justice

Nicholas Wolterstorff
Justice Book PDF

Author : Nicholas Wolterstorff
Publisher : Princeton University Press
Page : 416 pages
File Size : 51,6 Mb
Release : 2010-05-02
Category : Philosophy
ISBN : 9780691146300

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Justice by Nicholas Wolterstorff Pdf

Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.

Structural Injustice

Madison Powers,Ruth Faden
Structural Injustice Book PDF

Author : Madison Powers,Ruth Faden
Publisher : Oxford University Press
Page : 325 pages
File Size : 55,8 Mb
Release : 2019-08-30
Category : Philosophy
ISBN : 9780190054007

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Structural Injustice by Madison Powers,Ruth Faden Pdf

Madison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden's theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a structural theory to be broadly applicable both within and across national boundaries its central claims must be universally endorsable. Instead, Powers and Faden find support for their theory in examples of structural injustice around the world, and in the insights and perspectives of related social movements. Their theory also differs from approaches that make enhanced democratic decision-making or the global extension of republican institutions the centerpiece of proposed remedies. Instead, the theory focuses on justifiable forms of resistance in circumstances in which institutions are unwilling or unable to address pressing problems of injustice. The insights developed in Structural Injustice will interest not only scholars and students in a range of disciplines from political philosophy to feminist theory and environmental justice, but also activists and journalists engaged with issues of social justice.

Freedom from Past Injustices

Nahshon Perez
Freedom from Past Injustices Book PDF

Author : Nahshon Perez
Publisher : Edinburgh University Press
Page : 186 pages
File Size : 51,6 Mb
Release : 2012-07-18
Category : Political Science
ISBN : 9780748649648

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Freedom from Past Injustices by Nahshon Perez Pdf

Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries

Justice and Reconciliation in World Politics

Catherine Lu
Justice and Reconciliation in World Politics Book PDF

Author : Catherine Lu
Publisher : Cambridge University Press
Page : 337 pages
File Size : 47,5 Mb
Release : 2017-11-16
Category : Law
ISBN : 9781108420112

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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?