The Right Of Redress

Author : Andrew Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 43,9 Mb
Release : 2020-07-17
Category : Law
ISBN : 9780192545572

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The Right of Redress by Andrew Gold Pdf

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.

Author : Andrew S. Gold
Publisher : Oxford Legal Philosophy
Page : 257 pages
File Size : 52,9 Mb
Release : 2020
Category : Law
ISBN : 9780198814405

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The Right of Redress by Andrew S. Gold Pdf

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'.

Author : Ilaria Bottigliero
Publisher : Springer
Page : 320 pages
File Size : 41,5 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401760270

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Redress for Victims of Crimes Under International Law by Ilaria Bottigliero Pdf

Paradoxically, victims of ordinary crimes such as fraud, theft or assault, can obtain redress through regular domestic channels, whereas victims of such major atrocities as genocide, war crimes or crimes against humanity, have been left mostly uncompensated. Until recently, a pervasive climate of impunity for international crimes relegated victims to the political and legal periphery. Over the last few years however, the international community has begun to recognize that, just as crimes under international law cannot be considered ordinary crimes, victims of these crimes cannot be considered ordinary victims. In this book, Dr. Bottigliero explores the origins, evolution and practice relating to victims' redress in domestic law, regional and universal human rights regimes, humanitarian law, the law of State responsibility, United Nations practice, and international criminal law including the International Criminal Court. She argues that the international community must now move beyond incomplete and fragmented approaches towards a much more comprehensive redress regime for victims of crimes under international law, and she recommends means by which to enhance the coherence, effectiveness and fairness of victims' redress.

Author : Andrew S. Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 55,5 Mb
Release : 2020-07-17
Category : Law
ISBN : 9780192545589

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The Right of Redress by Andrew S. Gold Pdf

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.

Author : A. Naomi Paik
Publisher : UNC Press Books
Page : 332 pages
File Size : 47,7 Mb
Release : 2016-01-08
Category : History
ISBN : 9781469626321

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Rightlessness by A. Naomi Paik Pdf

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.

Author : Ronald J. Krotoszynski
Publisher : Yale University Press
Page : 335 pages
File Size : 49,9 Mb
Release : 2012-04-24
Category : Law
ISBN : 9780300149876

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Reclaiming the Petition Clause by Ronald J. Krotoszynski Pdf

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.

Author : Richard Vernon
Publisher : A&C Black
Page : 186 pages
File Size : 54,8 Mb
Release : 2012-07-12
Category : Philosophy
ISBN : 9781441121318

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Historical Redress by Richard Vernon Pdf

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

Author : Roy Miki
Publisher : Raincoast Books
Page : 406 pages
File Size : 47,6 Mb
Release : 2004
Category : History
ISBN : 1551926504

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Redress by Roy Miki Pdf

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.

Author : Lisa Magarrell,Lorna Peterson
Publisher : Unknown
Page : 44 pages
File Size : 46,5 Mb
Release : 2010-08
Category : Electronic
ISBN : 1936064065

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After Torture by Lisa Magarrell,Lorna Peterson Pdf

Author : Jon Mandle,David A. Reidy
Publisher : Cambridge University Press
Page : 897 pages
File Size : 51,9 Mb
Release : 2014-12-03
Category : Philosophy
ISBN : 1316190315

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The Cambridge Rawls Lexicon by Jon Mandle,David A. Reidy Pdf

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.

Author : Jonathan Todres,Shani M. King
Publisher : Oxford University Press
Page : 797 pages
File Size : 46,6 Mb
Release : 2020-02-19
Category : Law
ISBN : 9780190097622

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The Oxford Handbook of Children's Rights Law by Jonathan Todres,Shani M. King Pdf

Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

Author : Pyong Gap Min,Thomas Chung,Sejung Sage Yim
Publisher : Walter de Gruyter GmbH & Co KG
Page : 283 pages
File Size : 42,8 Mb
Release : 2020-02-10
Category : History
ISBN : 9783110639872

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The Transnational Redress Movement for the Victims of Japanese Military Sexual Slavery by Pyong Gap Min,Thomas Chung,Sejung Sage Yim Pdf

This book examines the redress movement for the victims of Japanese military sexual slavery in South Korea, Japan, and the U.S. comprehensively. The Japanese military forcefully mobilized about 80,000-200,000 Asian women to Japanese military brothels and forced them into sexual slavery during the Asian-Pacific War (1932-1945). Korean "comfort women" are believed to have been the largest group because of Korea’s colonial status. The redress movement for the victims started in South Korea in the late 1980s. The emergence of Korean "comfort women" to society to tell the truth beginning in 1991 and the discovery of Japanese historical documents, proving the responsibility of the Japanese military for establishing and operating military brothels by a Japanese historian in 1992 accelerated the redress movement for the victims. The movement has received strong support from UN human rights bodies, the U.S. and other Western countries. It has also greatly contributed to raising people’s consciousness of sexual violence against women at war. However, the Japanese government has not made a sincere apology and compensation to the victims to bring justice to the victims.

Author : Amal Clooney,Philippa Webb
Publisher : Oxford University Press
Page : 500 pages
File Size : 50,5 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780192536082

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The Right to a Fair Trial in International Law by Amal Clooney,Philippa Webb Pdf

The Right to a Fair Trial in International Lawbrings together the diverse sources of international law that define the right to a fair trial in the context of criminal (as opposed to civil, administrative or other) proceedings. The book provides a comprehensive explanation of what the right to a fair trial means in practice under international law and focuses on factual scenarios that practitioners and judges may face in court. Each of the book's fourteen chapters examines a component of the right to a fair trial as defined in Article 14 of the International Covenant on Civil and Political Rights and reviews the case law of regional human rights courts, international criminal courts as well as UN human rights bodies. Highlighting both consensus and divisions in the international jurisprudence in this area, this book provides an invaluable resource to practitioners and scholars dealing with breaches of one of the most fundamental human rights.

Author : Michael T. Martin,Marilyn Yaquinto
Publisher : Duke University Press
Page : 725 pages
File Size : 53,9 Mb
Release : 2007-07-16
Category : Social Science
ISBN : 9780822389811

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Redress for Historical Injustices in the United States by Michael T. Martin,Marilyn Yaquinto Pdf

An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto

Author : David E. Bernstein
Publisher : Duke University Press
Page : 242 pages
File Size : 54,5 Mb
Release : 2001-01-18
Category : Law
ISBN : 0822325837

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Only One Place of Redress by David E. Bernstein Pdf

DIVFocuses on the role facially-neutral labor regulations played in institutionalizing discrimination against African Americans in the period between Reconstruction and the civil rights era./div