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Should Justice be blind or should she instead be capable of seeing everything, even the human heart? Jose M. Gonzalez Garcia examines how the iconography of Justice evolved over the course of history. Providing an overview of depictions of Justice in various ages and places, the book mainly focuses on "The Blindfold Dispute" that began to develop during Renaissance. While at first the blindfold was perceived as unjust, precisely because it denied Justice the ability to see everything, it transformed just a few years later into a positive symbol of the equality of all individuals before the law. And other depictions were added: supplementary eyes, transparent blindfolds, the double face of Janus, the returns of Astraea and the "Eye of the Law". The book also analyses important historic moments in which the crisis of the Law went along with a search for new forms of representing the gaze of Justice, as reflections on the art of Durer, Klimt and Kafka as well as recent developments in political philosophy show.
"A history of Chinese law and justice from the imperial era to the post-Mao era, the book addresses the evolution and function of law codes and judicial practices in China's long history, and examines the transition from traditional laws and practices to their modern counterparts in the twentieth century and beyond. From the ancient times to the twenty-first century, there has been an enduring expectation or hope among the Chinese people that justice should and will be done in society, which is expressed in a popular Chinese saying, "Heaven has eyes." To the Chinese mind in the imperial era, justice was, and was to be achieved as, an alignment of Heavenly reason, state law, and human relations. Such a conception did not change until the turn of the twentieth century when Western-derived notions--natural rights, legal equality, the rule of law, judicial independence, and due process--came to replace the Confucian moral code of right and wrong, which was a fundamental shift in philosophical and moral principles that informed law and justice. The legal-judicial reform agendas since the beginning of the twentieth century (still ongoing today) stemmed from this change in the Chinese moral and legal thinking, but to materialize the said principles in everyday practices is a very different order of things that is much more difficult to accomplish, hence all the legal dramas including tragedies in the past one century or so. The book will lay out how and why that is the case"--
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Since the adoption of the 1989 UN Convention on the Rights of the Child, all children in the world have rights that are protected by states ? at least in theory. In practice, children?s rights are grossly violated on a daily basis and on a global scale. Studies in children?s rights struggle to find why this is the case, and what can be possibly done to change this situation.00This publication proposes that a better understanding of children?s rights violations may be achieved if looking at law from a child?s perspective. This means that a researcher has to go beyond the analysis of international conventions and national law, to include what is perceived as law by children. This book presents a new theoretical framework and methodology for finding law for children, combining legal pluralism, law and sociology, philosophy of law and legal empirical research. This framework is then put to the test in three case studies, all which include empirical research data. The book explores the possible legal orders that arise when looking at law through children?s eyes, such as the household and the classroom. These legal orders, that we find when looking at law through children?s eyes, have to be recognized as part of a complete picture of law influencing the protection and/or violation of children?s rights.
Criminal Law: A Comparative Approach presents a systematic and comprehensive analysis of the substantive criminal law of two major jurisdictions: the United States and Germany. Presupposing no familiarity with either U.S. or German criminal law, the book will provide criminal law scholars and students with a rich comparative understanding of criminal law's foundations and central doctrines. All foreign-language sources have been translated into English; cases and materials are accompanied by heavily cross-referenced introductions and notes that place them within the framework of each country's criminal law system and highlight issues ripe for comparative analysis. Divided into three parts, the book covers foundational issues - such as constitutional limits on the criminal law - before tackling the major features of the general part of the criminal law and a selection of offences in the special part. Throughout, readers are exposed to alternative approaches to familiar problems in criminal law, and as a result will have a chance to see a given country's criminal law doctrine, on specific issues and in general, from the critical distance of comparative analysis.
The essays in Marriage Proposals envision a variety of scenarios in which adults would continue to join themselves together seeking permanent companionship and sustenance, linking sexual intimacy to a long commitment, usually caring for each other, and building new families. What would disappear are the legal consequences associated with marriage. No joint income tax return; no immigration privileges like the “fiancée visa” or the right to bring in a husband or wife; no special statuses for prison visits or hospital decisions; no prerogative to remain silent in court by claiming “confidential marital communications”; no pension entitlements; no marital benefits and detriments regarding criminal or civil liability. The anthology makes a unique contribution amid the two marriage furors of the day: same-sex marriage and the Bush Administration's “marriage movement” (that marrying is good and more marriages would be better for society). Abolishing the legal category of marriage is the only policy suggestion in current American discourse that speaks to both causes. Activists on both sides of the same-sex marriage fight, along with marriage movement partisans, all seek improvement through law reform. Marriage Proposals gives them a viable reform—abolition of marriage as a legal status—for fighting battles in the courtroom and the streets. Contributors include Anita Bernstein, Peggy Cooper Davis, Martha Albertson Fineman, Linda C. McClain, Marshall Miller, Lawrence Rosen, Mary Lyndon Shanley, and Dorian Solot.
This revised and updated text contains a range of relevant, interesting case law, statutory material, academic extracts and official proposals for law reform. A companion web site featuring web links and case updates ensures students have access to the latest materials.
Wild Law - In Practice aims to facilitate the transition of Earth Jurisprudence from theory into practice. Earth Jurisprudence is an emerging philosophy of law, coined by cultural historian and geologian Thomas Berry. It seeks to analyse the contribution of law in constructing, maintaining and perpetuating anthropocentrism and addresses the ways in which this orientation can be undermined and ultimately eliminated. In place of anthropocentrism, Earth Jurisprudence advocates an interpretation of law based on the ecocentric concept of an Earth community that includes both human and nonhuman entities. Addressing topics that include a critique of the effectiveness of environmental law in protecting the environment, developments in domestic/constitutional law recognising the rights of nature, and the regulation of sustainability, Wild Law - In Practice is the first book to focus specifically on the practical legal implications of Earth Jurisprudence.
Unprecedented numbers of American women are today learning how to knock out, maim, even kill men who assault them. From behind the scenes of gun ranges, martial arts dojos, fitness centers offering "Cardio Combat", and in padded attacker courses like "Model Mugging", Real Knockouts demonstrates how self-defense trains women out of the femininity that makes them easy targets for men's abuse. And yet much feminist thought, like the broader American culture, seems deeply ambivalent about women's embrace of violence, even in self-defense. Investigating the connection between feminist theory and a woman's balled fist, McCaughey found self-defense culture to embody, literally, a new kind of feminism, one that will change forever the way we think of gender politics, the female body, and feminism itself.