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Author: Stephen A. Smith Publisher: Oxford University Press ISBN: 0191058750 Category : Law Languages : en Pages : 368
Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Author: Stephen A. Smith Publisher: Oxford University Press ISBN: 0191058750 Category : Law Languages : en Pages : 368
Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Author: Stephen A. Smith Publisher: Oxford University Press, USA ISBN: 0199229775 Category : Law Languages : en Pages : 369
Book Description
Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.
Author: Mari Mikkola Publisher: Oxford University Press ISBN: 0190601086 Category : Computers Languages : en Pages : 297
Book Description
The book offers a feminist examination of contemporary social injustices. It argues for a paradigm-shift away from feminist philosophy organized around the gender concept woman, and towards humanist feminism. The book further develops a notion of dehumanization that explicates social injustices, elucidates humanist feminism, and improves non-feminist analyses of injustice.
Author: Carmela Murdocca Publisher: UBC Press ISBN: 0774824999 Category : Social Science Languages : en Pages : 281
Book Description
Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.
Author: Richard Thompson Ford Publisher: Macmillan + ORM ISBN: 1429969253 Category : Law Languages : en Pages : 283
Book Description
A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.
Author: Alan M. Dershowitz Publisher: ISBN: 9780465017133 Category : Political Science Languages : en Pages : 282
Book Description
A noted legal scholar examines the source of human rights, arguing that rights are the result of particular experiences with injustice and looking at the implications in terms of the right to privacy, voting rights, and other rights.
Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller Publisher: Oxford University Press, USA ISBN: 0198851359 Category : Law Languages : en Pages : 257
Book Description
This volume brings together essays by scholars from around the world covering issues in general private law theory as well as specific fields including the theoretical analysis of tort law, property law, and contract law.
Author: Ian Millhiser Publisher: Bold Type Books ISBN: 1568585853 Category : Political Science Languages : en Pages : 370
Book Description
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Author: Martin Luther King Publisher: HarperOne ISBN: 9780063425811 Category : History Languages : en Pages : 0
Book Description
A beautiful commemorative edition of Dr. Martin Luther King's essay "Letter from Birmingham Jail," part of Dr. King's archives published exclusively by HarperCollins. With an afterword by Reginald Dwayne Betts On April 16, 1923, Dr. Martin Luther King Jr., responded to an open letter written and published by eight white clergyman admonishing the civil rights demonstrations happening in Birmingham, Alabama. Dr. King drafted his seminal response on scraps of paper smuggled into jail. King criticizes his detractors for caring more about order than justice, defends nonviolent protests, and argues for the moral responsibility to obey just laws while disobeying unjust ones. "Letter from Birmingham Jail" proclaims a message - confronting any injustice is an acceptable and righteous reason for civil disobedience. This beautifully designed edition presents Dr. King's speech in its entirety, paying tribute to this extraordinary leader and his immeasurable contribution, and inspiring a new generation of activists dedicated to carrying on the fight for justice and equality.
Author: Stephen A. Smith
Author: Stephen A. Smith
Author: Stephen A. Smith
Author: Mari Mikkola
Author: Carmela Murdocca
Author: Richard Thompson Ford
Author: Radha D'Souza
Author: Alan M. Dershowitz
Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller
Author: Ian Millhiser
Author: Martin Luther King