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Author: Stephen Alexander Smith
Publisher:
Published: 2019
Total Pages: 369
ISBN-13: 0199229775
DOWNLOAD EBOOKThis essential guide to remedial law explores the distinctive legal questions raised by the use of remedies in settlements. The book outlines the general structure of remedial law and its relationship to other areas of private law.
Author: Stephen A. Smith
Publisher: Oxford University Press
Published: 2019-11-07
Total Pages: 568
ISBN-13: 0191058750
DOWNLOAD EBOOKRights, 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: Carmela Murdocca
Publisher: UBC Press
Published: 2013-10-15
Total Pages: 281
ISBN-13: 0774824999
DOWNLOAD EBOOKFollowing 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: Mari Mikkola
Publisher: Oxford University Press
Published: 2016
Total Pages: 297
ISBN-13: 0190601086
DOWNLOAD EBOOKThe 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: Radha D'Souza
Publisher: Pluto Press (UK)
Published: 2018
Total Pages: 0
ISBN-13: 9780745335407
DOWNLOAD EBOOKA critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions
Author: Ian Millhiser
Publisher: Bold Type Books
Published: 2016-06-28
Total Pages: 370
ISBN-13: 1568585853
DOWNLOAD EBOOKNow 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: 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
DOWNLOAD EBOOKThis 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: Alan M. Dershowitz
Publisher:
Published: 2004
Total Pages: 282
ISBN-13: 9780465017133
DOWNLOAD EBOOKA 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: Nahshon Perez
Publisher: Edinburgh University Press
Published: 2012-07-18
Total Pages: 186
ISBN-13: 0748649646
DOWNLOAD EBOOKShould contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries
Author: John Torpey
Publisher: Harvard University Press
Published: 2006
Total Pages: 236
ISBN-13: 9780674019430
DOWNLOAD EBOOKThis book explores the recent spread of political efforts to rectify past injustices. Although it recognizes that reparations campaigns may lead to improved well-being of victims and to reconciliation among former antagonists, it examines the extent to which concern with the past may depart from the future orientation of progressive politics.
