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A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman
Justice is a human virtue that is at once unconditional and conditional. Under favorable circumstances, we can be motivated to act justly by the belief that we must live up to what justice requires, irrespective of whether we benefit from doing so. But our will to act justly is subject to conditions. We find it difficult to exercise the virtue of justice when others regularly fail to. Even if we appear to have overcome the difficulty, our reluctance often betrays itself in certain moral emotions. In this book, Jiwei Ci explores the dual nature of justice, in an attempt to make unitary sense of key features of justice reflected in its close relation to resentment, punishment, and forgiveness. Rather than pursue a search for normative principles, he probes the human psychology of justice to understand what motivates moral agents who seek to behave justly, and why their desire to be just is as precarious as it is uplifting. A wide-ranging treatment of enduring questions, The Two Faces of Justice can also be read as a remarkably discerning contribution to the Western discourse on justice re-launched in our time by John Rawls.
'Going to law courts is a good education for a novelist. It provides you with the most extravagant material, and it teaches the near impossibility of reaching the truth.' Sybille Bedford, Paris Review (1993) For The Faces of Justice (1961) Sybille Bedford journeyed through Europe to sit in the press box of the courts of law - high courts, low courts, police courts. In England, Germany, Austria, Switzerland, France, she watched the prisoners at the bar, the accusing community arrayed against them, the advocates, the jurors, the judges on the bench. She saw justice being attempted under the law - the best we can do, the worst we can do - varying in subtle yet astonishing ways from country to country. The result is a story about justice, humanity and the individual - moving, dramatic, superbly observed, splendidly told.
"In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.
FBI Forensic Artist and Laboratory Supervisor Gene O'Donnell traveled the world for 32 years to draw the faces of criminals waiting for him in the memories of their victims. Sometimes the only witnesses he had were the skeletal remains found along a lonesome highway. Spies, bank robbers, lost and missing kids, aspiring presidential assassins, rapists, anybody wanted by police, Gene drew. With few leads, these drawings were often the only thing that allowed investigators to track down suspects. This memoir takes the reader on fascinating journeys of true crimes. See how age-progressed images of two kidnapped children led Unsolved Mysteries to the Fontes boys, who, though missing for many years, were recognized and rescued, while their kidnappers were brought to justice. Experience the victory of helping to find the worst that mankind has to offer and the heartbreak over the ones that got away.
WINNER OF THE ANNE B. & JAMES B. MCMILLAN PRIZE IN SOUTHERN HISTORY Examines the legacies of eight momentous US Supreme Court decisions that have their origins in Alabama legal disputes Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court’s ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. By examining such landmark twentieth-century milestones and eras such as the Scottsboro Boys trial, the Civil Rights movement, and the fight for women’s rights through a legal lens, Brown sheds new and unexpected light on the ways that events in Alabama have shaped the nation. In addition to his analysis of cases, Brown discusses the three associate Supreme Court justices from Alabama to the Supreme Court: John McKinley, John Archibald Campbell, and Hugo Black. Their cumulative influence on constitutional interpretation, the institution of the Court, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians.
This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the “justice cascade” argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.
The U.S. is the most violent industrialized country in the world, and lynching - that is, murder endorsed by the community - may be a key to understanding America's heritage of violence and perhaps point to solutions that can eradicate it. While lynchings are predominantly racial in tone and motive, Christopher Waldrep's sweeping study of the meaning and uses of lynching from the colonial period to the present reveals that the definition of the term has shifted dramatically over time, and that the victims and perpetuators of lynching were as diverse as its many meanings. By examining lynching from a comparative and temporal perspective, Waldrep teaches us important lessons not only about racial violence in America, but about the ways in which communities define and justify crime and the punishment of its criminals.
This book presents the first comprehensive analysis of the second International Self-Report Delinquency study (ISRD-2). An earlier volume, Juvenile Delinquency in Europe and Beyond (Springer, 2010) focused mainly on the findings with regard to delinquency, victimization and substance use in each of the individual participating ISRD-2 countries. The Many Faces of Youth Crime is based on analysis of the merged data set and has a number of unique features:  The analyses are based on an unusually large number of respondents (about 67,000 7th, 8th and 9th graders) collected by researchers from 31 countries;  It includes reports on the characteristics, experiences and behaviour of first and second generation migrant youth from a variety of cultures;  It is one of the first large-scale international studies asking 12-16 year olds about their victimization experiences (bullying, assault, robbery, theft);  It describes both intriguing differences between young people from different countries and country clusters in the nature and extent of delinquency, victimization and substance use, as well as remarkable cross-national uniformities in delinquency, victimization, and substance use patterns;  A careful comparative analysis of the social responses to offending and victimization adds to our limited knowledge on this important issue;  Detailed chapters on the family, school, neighbourhood, lifestyle and peers provide a rich comparative description of these institutions and their impact on delinquency;  It tests a number of theoretical perspectives (social control, self-control, social disorganization, routine activities/opportunity theory) on a large international sample from a variety of national contexts;  It combines a theoretical focus with a thoughtful consideration of the policy implications of the findings;  An extensive discussion of the ISRD methodology of ‘flexible standardization’ details the challenges of comparative research. The book consists of 12 chapters, which also may be read individually by those interested in particular special topics (for instance, the last chapter should be of special interest to policy makers). The material is presented in such a way that it is accessible to more advanced students, researchers and scholars in a variety of fields, such as criminology, sociology, deviance, social work, comparative methodology, youth studies, substance use studies, and victimology.