Justifying Injustice

Justifying Injustice

Author: Herlinde Pauer-Studer

Publisher: Cambridge University Press

Published: 2020-09-24

Total Pages: 283

ISBN-13: 110715930X

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Examines Nazi legal theory, the normative ideas driving the Führer state and the legal subtext to the regime's escalating atrocities.


Supreme Injustice

Supreme Injustice

Author: Paul Finkelman

Publisher: Harvard University Press

Published: 2018-01-08

Total Pages: 301

ISBN-13: 0674982088

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The three most important Supreme Court Justices before the Civil War—Chief Justices John Marshall and Roger B. Taney and Associate Justice Joseph Story—upheld the institution of slavery in ruling after ruling. These opinions cast a shadow over the Court and the legacies of these men, but historians have rarely delved deeply into the personal and political ideas and motivations they held. In Supreme Injustice, the distinguished legal historian Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the incentives created by circumstances in his private life. Finkelman uses census data and other sources to reveal that Justice Marshall aggressively bought and sold slaves throughout his lifetime—a fact that biographers have ignored. Justice Story never owned slaves and condemned slavery while riding circuit, and yet on the high court he remained silent on slave trade cases and ruled against blacks who sued for freedom. Although Justice Taney freed many of his own slaves, he zealously and consistently opposed black freedom, arguing in Dred Scott that free blacks had no Constitutional rights and that slave owners could move slaves into the Western territories. Finkelman situates this infamous holding within a solid record of support for slavery and hostility to free blacks. Supreme Injustice boldly documents the entanglements that alienated three major justices from America’s founding ideals and embedded racism ever deeper in American civic life.


Legal Injustice

Legal Injustice

Author: Kevin Montgomery

Publisher: Dog Ear Publishing

Published: 2015-10-22

Total Pages: 234

ISBN-13: 145753925X

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When a poor Missouri hill farmer’s wife leaves him and his three children for another man, the oldest son takes on the responsibility of helping his already overworked father raise his younger siblings at age ten. Battling the shame of small town rumors, gossip, and poverty, the oldest son earns his family the respect of their townsmen through athletic and military heroism as he grows older, only to see it torn apart by a spoiled rich kid who inherits most of the town from his wealthy grandfather. Out of boredom and greed, this spoiled young man devises a plan to seduce the whole county into growing massive amounts of marijuana to supply the most corrupt men in this country’s underworld. Money will buy almost anything in a small economically depressed town. The hill farmer’s son, now a Vietnam War hero, fights to save what is left of both his family and his corrupt hometown. This young man and his brothers battle the most powerful and influential man in Missouri, who has the law, the newspaper, and the citizens of the town in his back pocket, resulting in a massive man hunt and all-out war for this Vietnam War hero, who uses his Special Forces skills to escape and evade law enforcement while spending the winter in a cave. In the spring he finds true love in both the arms of the reporter sent to cover his story and in God in his almost hopeless battle against overwhelming odds. He destroys the local dope industry only to find he has to put his trust in three special women by turning himself in and letting them do his fighting in court to ultimately bring justice home and have a chance at a normal life with his newfound love.


Law, Gender, and Injustice

Law, Gender, and Injustice

Author: Joan Hoff

Publisher: NYU Press

Published: 1994-04

Total Pages: 580

ISBN-13: 0814735096

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The legal status of women has changed more rapidly in the last 20 years than in the previous 200, Hoff argues, but these changes have become less important over time. The American power structure has relinquished rights to women and minorities only after these rights have been diminished by a white-male-dominated legal system. She calls for a reinterpretation of legal texts to create a feminist jurisprudence. Annotation copyrighted by Book News, Inc., Portland, OR


Beyond Law and Development

Beyond Law and Development

Author: Sam Adelman

Publisher: Routledge

Published: 2022-04-27

Total Pages: 258

ISBN-13: 1351427482

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The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices. The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.


Usual Cruelty

Usual Cruelty

Author: Alec Karakatsanis

Publisher:

Published: 2025-01-14

Total Pages: 0

ISBN-13: 9781620979143

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A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.


Justice and Injustice in Law and Legal Theory

Justice and Injustice in Law and Legal Theory

Author: Austin Sarat

Publisher: University of Michigan Press

Published: 2009-11-11

Total Pages: 182

ISBN-13: 0472023683

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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. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of 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. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. 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. 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. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.


Popular Injustice

Popular Injustice

Author: Angelina Snodgrass Godoy

Publisher: Stanford University Press

Published: 2006

Total Pages: 262

ISBN-13: 9780804753838

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Popular Injustice focuses on the spread of highly punitive forms of social control (known locally as mano dura) in contemporary Latin America, with a particular focus on lynchings in postwar Guatemala.


Usual Cruelty

Usual Cruelty

Author: Alec Karakatsanis

Publisher: The New Press

Published: 2019-10-29

Total Pages: 130

ISBN-13: 1620975289

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From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums. He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional. Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings—an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American "injustice system" by someone who is actively, wildly successfully, challenging it.