Rights, Wrongs, and Injustices
Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press

Published: 2019-11-07

Total Pages: 368

ISBN-13: 0191058750

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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.

Rights, Wrongs, and Injustices
Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press, USA

Published: 2019-11-12

Total Pages: 369

ISBN-13: 0199229775

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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.

Rights, Wrongs, and Injustices
Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher:

Published:

Total Pages:

ISBN-13: 9780191843839

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'Rights, Wrongs, and Injustices' is a 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. The text provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content.

The Wrong of Injustice
The Wrong of Injustice

Author: Mari Mikkola

Publisher: Oxford University Press

Published: 2016-07-01

Total Pages: 297

ISBN-13: 0190601108

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This book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.

To Right Historical Wrongs
To Right Historical Wrongs

Author: Carmela Murdocca

Publisher: UBC Press

Published: 2013-10-15

Total Pages: 281

ISBN-13: 0774824999

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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.

Rights Gone Wrong
Rights Gone Wrong

Author: Richard Thompson Ford

Publisher: Macmillan + ORM

Published: 2011-10-25

Total Pages: 283

ISBN-13: 1429969253

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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.

What's Wrong with Rights?
What's Wrong with Rights?

Author: Radha D'Souza

Publisher: Pluto Press (UK)

Published: 2018

Total Pages: 0

ISBN-13: 9780745335407

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A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions

Structural Injustice
Structural Injustice

Author: Madison Powers

Publisher: Oxford University Press

Published: 2019-08-26

Total Pages: 288

ISBN-13: 0190053992

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Madison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden's theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a structural theory to be broadly applicable both within and across national boundaries its central claims must be universally endorsable. Instead, Powers and Faden find support for their theory in examples of structural injustice around the world, and in the insights and perspectives of related social movements. Their theory also differs from approaches that make enhanced democratic decision-making or the global extension of republican institutions the centerpiece of proposed remedies. Instead, the theory focuses on justifiable forms of resistance in circumstances in which institutions are unwilling or unable to address pressing problems of injustice. The insights developed in Structural Injustice will interest not only scholars and students in a range of disciplines from political philosophy to feminist theory and environmental justice, but also activists and journalists engaged with issues of social justice.

Oxford Studies in Private Law Theory: Volume I
Oxford Studies in Private Law Theory: Volume I

Author: Associate Dean of International and Graduate Programs and Director of the Program on Private Law Paul B Miller

Publisher: Oxford University Press, USA

Published: 2021-01-15

Total Pages: 257

ISBN-13: 0198851359

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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.

Rights from Wrongs
Rights from Wrongs

Author: Alan M. Dershowitz

Publisher:

Published: 2004

Total Pages: 282

ISBN-13: 9780465017133

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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.