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Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to explicit dispute. Today, the scope of justice is hotly contested, as human-rights activists and international feminists join critics of structural adjustment and the WTO in targeting injustices that cut across borders. Seeking to re-map the bounds of justice on a broader scale, these movements are challenging the view that justice can only be a domestic relation among fellow citizens. As their claims collide with those of nationalists and Westphalian democrats, we witness new forms of "meta-political" contestation in which the scale of justice is an object of explicit dispute. Under these conditions, there is no avoiding an issue that had once seemed to go without saying: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which scale of justice is truly just? Scales of Justice tackles this issue. Interrogating struggles over globalization, Nancy Fraser reconstructs the theory of justice for a post-Westphalian world. Revising her widely discussed theory of redistribution and recognition, she introduces representation as a third, "political," dimension of justice, which permits us to re-conceive scale and scope as questions of justice. Seeking to re-imagine political space for a globalizing world, she revisits the concepts of democracy, solidarity, and the public sphere; the projects of critical theory, the World Social Forum, and second-wave feminism; and the thought of Habermas, Rawls, Foucault, and Arendt.
A debate between two philosophers who hold different views on the relation of redistribution to recognition.
This is the first full-scale history of two of the nation's most important courts: the U.S. Court of Appeals for the District of Columbia Circuit (often called the nation's "second most important court") and the U.S. District Court for the District of Columbia. The Court of Appeals has become the undisputed chief tribunal for administrative law in the United States and is the court to which Presidents often look when appointing Supreme Court justices. The District Court has become the principal venue for oversight of the executive branch of the federal government. Morris considers the factors that have influenced the development of each court; portrays the most influential of their judges; and considers the most important decisions and cases lines of each court.
Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
Criminal justice systems are not designed to seek the truth. In places like Australia, court proceedings remain an adversarial blood sport at times distorted by smoke and mirrors or failed by individual shortcomings. Navigating it is difficult and uncertain for any one of us but more so if you are poor, not white - or not white enough - not a straight male or have no formal education. Simply put, the most vulnerable among us are unfairly exposed to unjust outcomes. Drawing on his experiences as a child of Burmese migrants fleeing a military junta and his evolution from a naive law clerk, too shy to speak, into a lawyer whose ponytailed flamboyance and unbridled willingness to speak truth to power riled many within the legal establishment, Andrew Boe delves into cases he found unable to leave behind. These cases have shaped who he has become. Taking us from a case of traditional punishment gone wrong in the Gibson Desert to deaths in police custody on Palm Island and in Yuendumu in the Northern Territory - places where race relations are often stalled in a colonial time warp - to an isolated rural home, and the question of what is self-defence after decades of domestic abuse; to cases of children abandoned, 'stolen' and then fought over; and into prison interview rooms and courthouses around the country where Boe defended serial killers, rapists, child sex offenders, murderers as well as the odd politician - he holds fast to the premise that either every one of us is entitled to the presumption of innocence or none of us are. THE TRUTH HURTS is an unflinching exploration of the fault lines in our justice system by an outsider who found his way in. With forthright and uncompromising focus, Boe, now a barrister, spares no one, including himself, in this thought-provoking and at times brutal account. He argues that to give each other a 'fair go', we should all first acknowledge the flaws in the current system, address our individual and collective weaknesses, and engage in a nuanced, real conversation about the human cost of not getting to the truth. 'It lacks nothing but a kill switch' - Trent Dalton
Many of the essays in this book originally appeared in Transaction/Society magazine.
Colonel Cartarette's body lies sprawled beside the River Chyne, beside him is the giant trout he has been trying to catch for years. They both died by violence - but it is the fish that will be playing the starring role in the murder investigation.
Two of the nation's foremost criminal justice scholars present a comprehensive assessment of the factors behind the growth and subsequent overcrowding of American prisons. By critiquing the existing scholarship on prison scale from sociology and history to correctional forecasting and economics, they both reveal that explicit policy changes have had little influence on the increases in imprisonment in recent years and analyze whether it is possible to place limits effectively on prison population. "The Scale of Imprisonment has an exceptionally well designed literature review of interest to public policy, criminal justice, and public law scholars. Its careful review, analysis, and critique of research is stimulating and inventive."—American Political Science Review "The authors fram our thoughts about the soaring use of imprisonment and stimulate our thinking about the best way we as criminologists can conduct rational analysis and provide meaningful advice."—Susan Guarino-Ghezzi, Journal of Quantitative Criminology "Zimring and Hawkins bring a long tradition of excellent criminological scholarship to the seemingly intractable problems of prisons, prison overcrowding, and the need for alternative forms of punishment."—J. C. Watkins, Jr., Choice
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Women, Crime, and Justice: Balancing the Scales presents a comprehensive analysis of the role of women in the criminal justice system, providing important new insight to their position as offenders, victims, and practitioners. Draws on global feminist perspectives on female offending and victimization from around the world Covers topics including criminal law, case processing, domestic violence, gay/lesbian and transgendered prisoners, cyberbullying, offender re-entry, and sex trafficking Explores issues professional women face in the criminal justice workplace, such as police culture, judicial decision-making, working in corrections facilities, and more Includes international case examples throughout, using numerous topical examples and personal narratives to stimulate students’ critical thinking and active engagement