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The Justice of Contradictions

The Justice of Contradictions PDF Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245

Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

The Justice of Contradictions

The Justice of Contradictions PDF Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300228643
Category : Biography & Autobiography
Languages : en
Pages : 245

Book Description
An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

Access to Justice and Human Security

Access to Justice and Human Security PDF Author: Sindiso Mnisi Weeks
Publisher: Routledge
ISBN: 1351669567
Category : Law
Languages : en
Pages : 423

Book Description
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.

Contradictions of Democracy

Contradictions of Democracy PDF Author: Nicholas Rush Smith
Publisher: Oxford University Press
ISBN: 0190847212
Category : Political Science
Languages : en
Pages : 320

Book Description
Despite being one of the world's most vibrant democracies, police estimate between five and ten percent of the murders in South Africa result from vigilante violence. This is puzzling given the country's celebrated transition to democracy and massive reform of the state's legal institutions. Where most studies explain vigilantism as a response to state or civic failure, in Contradictions of Democracy, Nicholas Rush Smith illustrates that vigilantism is actually a response to the processes of democratic state formation. In the context of densely networked neighborhoods, vigilante citizens often interpret the technical success of legal institutions-for instance, the arrest and subsequent release of suspects on bail-as failure and work to correct such perceived failures on their own. Smith also shows that vigilantism provides a new lens through which to understand democratic state formation. Among young men of color in some parts of South Africa, fear of extra-judicial police violence is common. Amid such fear, instead of the state seeming protective, it can appear as something akin to a massive vigilante organization. An insightful look into the high rates of vigilantism in South Africa and the general challenges of democratic state building, Contradictions of Democracy explores fundamental questions about political order, the rule of law, and democratic citizenship.

Uncertain Justice

Uncertain Justice PDF Author: Laurence Tribe
Publisher: Macmillan
ISBN: 0805099093
Category : Law
Languages : en
Pages : 416

Book Description
A revelatory assessment of how the Supreme Court under Chief Justice John Roberts is significantly influencing the nation's laws and reinterpreting the Constitution includes in-depth analysis of recent rulings to explore their less-understood debates and relevance. 50,000 first printing.

The Enigma of Clarence Thomas

The Enigma of Clarence Thomas PDF Author: Corey Robin
Publisher: Metropolitan Books
ISBN: 1627793844
Category : Biography & Autobiography
Languages : en
Pages : 288

Book Description
The Enigma of Clarence Thomas is a groundbreaking revisionist take on the Supreme Court justice everyone knows about but no one knows. Most people can tell you two things about Clarence Thomas: Anita Hill accused him of sexual harassment, and he almost never speaks from the bench. Here are some things they don’t know: Thomas is a black nationalist. In college he memorized the speeches of Malcolm X. He believes white people are incurably racist. In the first examination of its kind, Corey Robin – one of the foremost analysts of the right – delves deeply into both Thomas’s biography and his jurisprudence, masterfully reading his Supreme Court opinions against the backdrop of his autobiographical and political writings and speeches. The hidden source of Thomas’s conservative views, Robin shows, is a profound skepticism that racism can be overcome. Thomas is convinced that any government action on behalf of African-Americans will be tainted by racism; the most African-Americans can hope for is that white people will get out of their way. There’s a reason, Robin concludes, why liberals often complain that Thomas doesn’t speak but seldom pay attention when he does. Were they to listen, they’d hear a racial pessimism that often sounds similar to their own. Cutting across the ideological spectrum, this unacknowledged consensus about the impossibility of progress is key to understanding today’s political stalemate.

Making Law

Making Law PDF Author: William J. Chambliss
Publisher: Indiana University Press
ISBN: 9780253208347
Category : Law
Languages : en
Pages : 474

Book Description
" . . . a distinct, broad, but compelling framework for examining a variety of laws and social policies." —Legal Studies Forum " . . . a very rich volume that has something to offer to many different tastes . . . an excellent companion to the main textbook in a large undergraduate law-and-society course." —Contemporary Sociology No issue has captured the imagination of social scientists and legal scholars more consistently than the creation of laws. The political implications of the study of law and society often create ideological diatribes with little attention to empirical detail. In this book, legal scholars, sociologists, political scientists, and anthropologists join in an attempt to develop and refine a structural theory of law.

American Prison

American Prison PDF Author: Shane Bauer
Publisher: Penguin
ISBN: 0735223580
Category : Political Science
Languages : en
Pages : 384

Book Description
An enraging, necessary look at the private prison system, and a convincing clarion call for prison reform.” —NPR.org New York Times Book Review 10 Best Books of 2018 * One of President Barack Obama’s favorite books of 2018 * Winner of the 2019 J. Anthony Lukas Book Prize * Winner of the Helen Bernstein Book Award for Excellence in Journalism * Winner of the 2019 RFK Book and Journalism Award * A New York Times Notable Book A ground-breaking and brave inside reckoning with the nexus of prison and profit in America: in one Louisiana prison and over the course of our country's history. In 2014, Shane Bauer was hired for $9 an hour to work as an entry-level prison guard at a private prison in Winnfield, Louisiana. An award-winning investigative journalist, he used his real name; there was no meaningful background check. Four months later, his employment came to an abrupt end. But he had seen enough, and in short order he wrote an exposé about his experiences that won a National Magazine Award and became the most-read feature in the history of the magazine Mother Jones. Still, there was much more that he needed to say. In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still. The private prison system is deliberately unaccountable to public scrutiny. Private prisons are not incentivized to tend to the health of their inmates, or to feed them well, or to attract and retain a highly-trained prison staff. Though Bauer befriends some of his colleagues and sympathizes with their plight, the chronic dysfunction of their lives only adds to the prison's sense of chaos. To his horror, Bauer finds himself becoming crueler and more aggressive the longer he works in the prison, and he is far from alone. A blistering indictment of the private prison system, and the powerful forces that drive it, American Prison is a necessary human document about the true face of justice in America.

Central Problems in Social Theory

Central Problems in Social Theory PDF Author: Anthony Giddens
Publisher: Univ of California Press
ISBN: 9780520039759
Category : Social Science
Languages : en
Pages : 308

Book Description
"One of the most creative among the younger generation of critical social theorists, Giddens stands alone in his concern for the classical tradition on sociology; but he also makes brilliant use of the latest philosophical and theoretical work of several contemporary schools and disciplines. A very important book for all of social science."—Jeffrey C. Alexander

The Cultural Contradictions of Progressive Politics

The Cultural Contradictions of Progressive Politics PDF Author: Donald L. Rosdil
Publisher: Routledge
ISBN: 1136287833
Category : Political Science
Languages : en
Pages : 213

Book Description
Why do some U.S. cities like Seattle and Boston impose social exactions and sustainability targets on private investment while others like Las Vegas and Houston offer property tax and fee remissions to business, tolerate environmentally hazardous activities such as oil drilling, and express skepticism even about recycling mandates? The behavior of the former cities appears especially puzzling in view of globalization processes that seemingly offer many more options to mobile capital and expose cities’ vulnerability to private investment decisions. Cultural Contradictions examines the paradoxical finding that some U.S. cities can impose burdensome regulations and extract social and environmental contributions from the private sector despite an apparently weak bargaining position. It usescultural change and the growth of non-traditional subcultures to explain why cities adopt these progressive policies. Responding to the urban policy literature’s tendency to prioritize economic considerations over other kinds of causal factors, the book demonstrates the joint impact of culture and economics in encouraging policy outcomes which emphasize social justice, human rights, and environmental sustainability in large U.S. cities. The book makes several specific contributions to urban literature. First, it argues that cities in which nontraditional cultural beliefs and practices thrive and which are strongly linked to dynamic economic sectors such as information services, professional, scientific and technical services, financial services, and education and health care services are especially likely to adopt progressive policies. It establishes this claim using both statistical analysis of large-N city samples and a closer investigation of four case studies. Second, it reveals how progressive policies are a plausible response to psychological concerns associated with unconventional ways of life and the nature of postindustrial society. Finally, the book indicates how these new ways of life and postindustrial economic sectors grow in mutually reinforcing ways in order to make these policies acceptable to local economic elites and therefore favorable to the city’s future development.

Contradictions of Control

Contradictions of Control PDF Author: Linda M. McNeil
Publisher: Routledge
ISBN: 1135209286
Category : Education
Languages : en
Pages : 261

Book Description
McNeil traces the poor quality of high school instruction t the tensions between the social control purposes of schooling and the schools' educational goals.