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Monday, February 3, 2020 | History

7 edition of Justice and injustice in law and legal theory found in the catalog.

Justice and injustice in law and legal theory

  • 108 Want to read
  • 27 Currently reading

Published by University of Michigan Press in Ann Arbor .
Written in English

    Places:
  • United States.
    • Subjects:
    • Law -- United States.,
    • Law -- Philosophy.,
    • Justice.

    • Edition Notes

      Includes bibliographical references and index.

      Statementedited by Austin Sarat and Thomas R. Kearns.
      SeriesAmherst series in law, jurisprudence, and social thought
      ContributionsSarat, Austin., Kearns, Thomas R.
      Classifications
      LC ClassificationsKF210 .J87 1996
      The Physical Object
      Pagination173 p. ;
      Number of Pages173
      ID Numbers
      Open LibraryOL973083M
      ISBN 100472096257, 0472066250
      LC Control Number96009973

      Kearns is William H. She was attacked: raped, beaten and left for dead. Kearns, Editors Explores the relationship between law and justice Description Amherst Series in Law, Jurisprudence, and Social Thought Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. An important consequence of Rawls' view is that inequalities can actually be just, as long as they are to the benefit of the least well off. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.

      Punishment fights crime in three ways: Deterrence. This may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance. This matches some strong intuitions about just punishment: that it should be proportional to the crime, and that it should be of only and all of the guilty. His position is at least in some sense egalitarianwith a provision that inequalities are allowed when they benefit the least advantaged. So, the reason for punishment is the maximization of welfare, and punishment should be of whomever, and of whatever form and severity, are needed to meet that goal. The Two Principles of Justice[ edit ] Rawls modifies and develops the principles of justice throughout his book.

      In chapter forty-six, Rawls makes his final clarification on the two principles of justice: 1. In earlier times law and justice were viewed as virtually synonymous. Kearns is William H. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.


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Justice and injustice in law and legal theory book

Top 10 books about miscarriages of justice

They draw on the disciplines of history, law, anthropology, and political science. An important consequence of Rawls' view is that inequalities can actually be just, as long as they are to the benefit of the least well off. On the contrary, this age-old term might have started with a single simple meaning but has developed many more over its existence.

The difference principle permits inequalities in the distribution of goods only if those inequalities benefit the worst-off members of society. This is because equal opportunity requires not merely that offices and positions are distributed on the basis of merit, but that all have reasonable opportunity to acquire the skills on the basis of which merit is assessed, even if one might not have the necessary material resources - due to a beneficial inequality stemming from the difference principle.

In contrast to Rawls, Sen believes that multiple conflicting, yet just principles may arise and that this undermines the multi-step processes that Rawls laid out as leading to a perfectly just society. The Hebrew Bible describes God as saying about the Judeo-Christian patriarch Abraham : "No, for I have chosen him, that he may charge his children and his household after him to keep the way of the Lord by doing righteousness and justice; The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question.

If someone does something wrong we must respond by punishing for the committed action itself, regardless of what outcomes punishment produces. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time.

Police rounded up a group of young black and brown teenagers who all confessed after long interrogations. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time.

This may sometimes justify punishing the innocent, or inflicting disproportionately severe punishments, when that will have the best consequences overall perhaps executing a few suspected shoplifters live on television would be an effective deterrent to shoplifting, for instance.

Justice and Injustice in Law and Legal Theory

Hastie Professor of Philosophy, Amherst College. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Experience, however, has taught us that, in fact, injustice may be supported by law.

Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. This allows for a comparison among neighboring jurisdictions and among those with similar populations and other common characteristics.

How did they survive the rage? If so, imprisoning them might maximize welfare by limiting their opportunities to cause harm and therefore the benefit lies within protecting society. For a nation with approximately 2 million people currently incarcerated, that is a startling statistic.

Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. In criticism of this belief, the author Anatole France said in"In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.Environmental Justice: Legal Theory and Practice provides a thought-provoking exposition and comprehensive review of the complex mixture of environmental laws and civil rights legal theories that are central to this still-evolving area of law.

The book, now in its 4th edition, includes all of the significant cases and developments that have. Essay on Justice ‘Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it’.

Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very difficult to. Reviews "As Professor of Law and Humanities at Queen Mary College, University of London, Heinze argues in this thought provoking treatise that, contrary to the traditional tenets of Western justice theory, injustice is not primarily the negation, failure or absence of justice.

Reader in Law Dr Tawhida Ahmed, has co-edited a new book with Professor Elaine Fahey which examines how Brexit is intertwined with the concepts of justice and injustice. Their book, On Brexit: Law, Justices and Injustices is published by Edward Elgar Publishing.

Essay on Justice

It draws on a variety of case studies from consumer law, asylum law, legal theory. In this truly interdisciplinary study that reflects the author's work in philosophy, political science, law, and policy studies, Thomas W. Simon argues that democratic theory must address the social injustices inflicted upon disadvantaged groups.

By shifting theoretical sights from justice to injustice, Simon recasts the nature of democracy and provides a new perspective on social problems. Justice, Rights and Legal Theory at the University of Reading.