Reconstructing Justice

Author: Franklin Strier
Publisher: University of Chicago Press
ISBN: 9780226777184
Size: 36.53 MB
Format: PDF, ePub, Mobi
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In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.

Reconstructing Restorative Justice Philosophy

Author: Dr Theo Gavrielides
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409470733
Size: 33.58 MB
Format: PDF, Mobi
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This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.

Reconstructing Rawls

Author: Robert S. Taylor
Publisher: Penn State Press
ISBN: 0271037725
Size: 29.76 MB
Format: PDF
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"Compares the theories of John Rawls and Emmanuel Kant, and offers an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism"--Provided by publisher.

Reconstructing Reality In The Courtroom

Author: W. Lance Bennett
Publisher: Quid Pro Books
ISBN: 1610272307
Size: 51.76 MB
Format: PDF, ePub
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Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.

Reconstructing Social Justice

Author: Lauretta Conklin Frederking
Publisher: Routledge
ISBN: 1135055661
Size: 29.76 MB
Format: PDF, ePub, Mobi
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The rhetoric of social justice is commonplace but increasingly it means little more than a tag line or a punctuation point. Reconstructing Social Justice presents a new framework for social justice that will change the way people think about social justice and change the way people implement social justice. This book carves out an intellectual and practical space for social justice that is distinct from political, legal, and economic spheres. While emphasizing a distinct domain for social justice, the author then makes sense of its healing role in terms of the polity, economy, technology, and religion. Drawing from a rich supply of classroom experiences, her research on mosque controversies after September 11, 2001, and then the global examples of truth and reconciliation commissions, Frederking invites the reader to think about the relevance of social justice from the micro to the macro level. Rather than a set of policy outcomes or ideological positions, social justice is a process of social accountability that demands honest and transparent engagement. While disagreement is likely and controversy inevitable, this social justice process reaffirms our connectedness and moves us forward as a collective.

Reconstructing Law And Justice In A Postcolony

Author: Nonso Okafo
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409491935
Size: 66.89 MB
Format: PDF, Kindle
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Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. The author's definition of postcolonial societies includes countries that have emerged from external colonial rule, such as Nigeria and India as well as societies that have overcome internal dominations, such as Afghanistan and Iraq. Suggesting that restructuring a system of law and justice must involve a consideration of the traditions, customs and native laws of a society as well as the official, often foreign rules, this volume examines how ethnically complex nations resolve disputes, whether criminal or civil, through a combination of formal and informal social control systems. This book is unique in its concern with how the average citizens of a postcolonial society can play more active parts in their nation's law and justice, and how modern and increasingly urban societies can learn from indigenous peoples and institutions, which are more informal in their approaches to problem-solving. The concluding chapter looks at the possibility of an increased role for civil as opposed to criminal response in the social control system of a postcolonial society.

Reconstructing Restorative Justice Philosophy

Author: Dr Theo Gavrielides
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409470733
Size: 49.31 MB
Format: PDF, ePub
View: 5940
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This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners.

Democracy Justice And The Welfare State

Author: Julie Anne White
Publisher: Penn State Press
ISBN: 9780271039336
Size: 74.24 MB
Format: PDF, Kindle
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The commitment to &“end welfare as we know it&” shaped public policy in the 1990s. Analysts all seemed to agree that public welfare programs were a resounding failure. What should better public care look like? Democracy, Justice, and the Welfare State sets up a dialogue between work on the ethic of care and studies of public care in practice. White argues that care as it is currently institutionalized often both assumes and perpetuates dependency and so paternalistic relationships of authority. Better public care requires that such paternalistic practices be challenged. Care appropriate to a democratic context must itself be a democratic practice.

Transitional Justice And Rule Of Law Reconstruction

Author: Padraig McAuliffe
Publisher: Routledge
ISBN: 1135037760
Size: 27.43 MB
Format: PDF, ePub
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This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Against Common Sense

Author: Kevin K. Kumashiro
Publisher: Routledge
ISBN: 1317657705
Size: 51.90 MB
Format: PDF, ePub, Docs
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The phrase "teaching for social justice" is often used, but not always explained. What does it look like to teach for social justice? What are the implications for anti-oppressive teaching across different areas of the curriculum? Drawing on his own experiences teaching diverse grades and subjects, leading author and educator Kevin Kumashiro examines various aspects of anti-oppressive teaching and learning in six different subject areas. Celebrating 10 years as a go-to resource for K-12 teachers and teacher educators, this third edition of the bestselling Against Common Sense features: • A new introduction that addresses the increased challenges of anti-oppressive teaching in an era of teacher evaluations, standardization and ever-increasing accountability. • End of chapter teacher responses that provide subject-specific examples of what anti-oppressive teaching really looks like in the classroom. • End of chapter questions for reflection that will enhance comprehension and help readers translate abstract ideas into classroom practice. • Additional readings and resources to inspire students to further their social justice education. Compelling and accessible, Against Common Sense continues to offer readers the tools they need to begin teaching against their common sense assumptions and toward social justice.