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Author: Rabeea Assy Publisher: Oxford University Press, USA ISBN: 0199687447 Category : Law Languages : en Pages : 273
Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: Rabeea Assy Publisher: Oxford University Press, USA ISBN: 0199687447 Category : Law Languages : en Pages : 273
Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: Rabeea Assy Publisher: OUP Oxford ISBN: 0191511145 Category : Law Languages : en Pages : 256
Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: Michelle Alexander Publisher: The New Press ISBN: 1620971941 Category : Law Languages : en Pages : 434
Book Description
Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Author: Alan M. Dershowitz Publisher: ISBN: 9780465017133 Category : Political Science Languages : en Pages : 282
Book Description
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.
Author: Barry S. Levy Publisher: Oxford University Press ISBN: 0199939225 Category : Medical Languages : en Pages : 586
Book Description
This second edition of Social Injustice and Public Health is a comprehensive, up-to-date, evidence-based resource on the relationship of social injustice to many aspects of public health. With contributions from leading experts in public health, medicine, health, social sciences, and other fields, this integrated book documents the adverse effects of social injustice on health and makes recommendations on what needs to be done to reduce social injustice and thereby improve the public's health. Social Injustice and Public Health is divided into four parts: · The nature of social injustice and its impact on public health · How the health of specific population groups is affected by social injustice · How social injustice adversely affects medical care, infectious and chronic non-communicable disease, nutrition, mental health, violence, environmental and occupational health, oral health, and aspects of international health · What needs to be done, such as addressing social injustice in a human rights context, promoting social justice through public health policies and programs, strengthening communities, and promoting equitable and sustainable human development With 78 contributors who are experts in their respective subject areas, this textbook is ideal for students and practitioners in public health, medicine, nursing, and other health sciences. It is the definitive resource for anyone seeking to better understand the social determinants of health and how to address them to reduce social injustice and improve the public's health.
Author: Eddie Moore Publisher: Taylor & Francis ISBN: 1000979288 Category : Social Science Languages : en Pages : 209
Book Description
While we are all familiar with the lives of prominent Black civil rights leaders, few of us have a sense of what is entailed in developing a White anti-racist identity. Few of us can name the White activists who joined the struggle against discrimination, let alone understand the complexities, stresses and contradictions of doing this work while benefiting from the privileges they enjoyed as Whites. This book fills that gap by vividly presenting – in their own words – the personal stories, experiences and reflections of fifteen prominent White anti-racists. They recount the circumstances that led them to undertake this work, describe key moments and insights along their journeys, and frankly admit their continuing lapses and mistakes. They make it clear that confronting oppression (including their own prejudices) – whether about race, sexual orientation, ability or other differences – is a lifelong process of learning. The chapters in this book are full of inspirational and lesson-rich stories about the expanding awareness of White social justice advocates and activists who grappled with their White privilege and their early socialization and decided to work against structural injustice and personal prejudice. The authors are also self-critical, questioning their motivations and commitments, and acknowledging that – as Whites and possessors of other privileged identities – they continue to benefit from White privilege even as they work against it.This is an eye-opening book for anyone who wants to understand what it means to be White and the reality of what is involved in becoming a White anti-racist and social justice advocate; is interested in the paths taken by those who have gone before; and wants to engage reflectively and critically in this difficult and important work.Contributing AuthorsWarren J. BlumenfeldAbby L. FerberJane K. FernandesMichelle FineDiane J. GoodmanPaul C. GorskiHeather W. HackmanGary R. HowardKevin JenningsFrances E. KendallPaul KivelJames W. LoewenPeggy McIntoshJulie O’MaraAlan RabinowitzAndrea RabinowitzChristine E. Sleeter
Author: William T. Armaline Publisher: University of Pennsylvania Press ISBN: 0812205146 Category : Political Science Languages : en Pages : 341
Book Description
Most Americans assume that the United States provides a gold standard for human rights—a 2007 survey found that 80 percent of U.S. adults believed that "the U.S. does a better job than most countries when it comes to protecting human rights." As well, discussions among scholars and public officials in the United States frame human rights issues as concerning people, policies, or practices "over there." By contrast, the contributors to this volume argue that many of the greatest immediate and structural threats to human rights, and some of the most significant efforts to realize human rights in practice, can be found in our own backyard. Human Rights in Our Own Backyard examines the state of human rights and responses to human rights issues, drawing on sociological literature and perspectives to interrogate assumptions of American exceptionalism. How do people in the U.S. address human rights issues? What strategies have they adopted, and how successful have these strategies been? Essays are organized around key conventions of human rights, focusing on the relationships between human rights and justice, the state and the individual, civil rights and human rights, and group rights versus individual rights. The contributors are united by a common conception of the human rights enterprise as a process involving not only state-defined and implemented rights but also human rights from below as promoted by activists.
Author: Rabeea Assy Publisher: ISBN: 9780191767104 Category : Civil procedure Languages : en Pages : 233
Book Description
The right to litigate in person is fiercely protected in common law jurisdictions, but litigants in person nonetheless pose serious challenges to the administration of justice. By examining the theoretical underpinnings of the right to self-representation, this book provides a new perspective in the debate over access to justice.
Author: Thaddeus J. Williams Publisher: Zondervan Academic ISBN: 0310119499 Category : Religion Languages : en Pages : 282
Book Description
God does not suggest, he commands that we do justice. Social justice is not optional for the Christian. All injustice affects others, so talking about justice that isn't social is like talking about water that isn't wet or a square with no right angles. But the Bible's call to seek justice is not a call to superficial, kneejerk activism. We are not merely commanded to execute justice, but to "truly execute justice." The God who commands us to seek justice is the same God who commands us to "test everything" and "hold fast to what is good." Drawing from a diverse range of theologians, sociologists, artists, and activists, Confronting Injustice without Compromising Truth, by Thaddeus Williams, makes the case that we must be discerning if we are to "truly execute justice" as Scripture commands. Not everything called "social justice" today is compatible with a biblical vision of a better world. The Bible offers hopeful and distinctive answers to deep questions of worship, community, salvation, and knowledge that ought to mark a uniquely Christian pursuit of justice. Topics addressed include: Racism Sexuality Socialism Culture War Abortion Tribalism Critical Theory Identity Politics Confronting Injustice without Compromising Truth also brings in unique voices to talk about their experiences with these various social justice issues, including: Michelle-Lee Barnwall Suresh Budhaprithi Eddie Byun Freddie Cardoza Becket Cook Bella Danusiar Monique Duson Ojo Okeye Edwin Ramirez Samuel Sey Neil Shenvi Walt Sobchak In Confronting Injustice without Compromising Truth, Thaddeus Williams transcends our religious and political tribalism and challenges readers to discover what the Bible and the example of Jesus have to teach us about justice. He presents a compelling vision of justice for all God's image-bearers that offers hopeful answers to life's biggest questions.
Author: Chris W Surprenant Publisher: Routledge ISBN: 1000750523 Category : Philosophy Languages : en Pages : 222
Book Description
American criminal justice is a dysfunctional mess. Cops are too violent, the punishments are too punitive, and the so-called Land of the Free imprisons more people than any other country in the world. Understanding why means focusing on color—not only on black or white (which already has been studied extensively), but also on green. The problem is that nearly everyone involved in criminal justice—including district attorneys, elected judges, the police, voters, and politicians—faces bad incentives. Local towns often would rather send people to prison on someone else’s dime than pay for more effective policing themselves. Local police forces can enrich themselves by turning into warrior cops who steal from innocent civilians. Voters have very little incentive to understand the basic facts about crime or how to fix it—and vote accordingly. And politicians have every incentive to cater to voters’ worst biases. Injustice for All systematically diagnoses why and where American criminal justice goes wrong, and offers functional proposals for reform. By changing who pays for what, how people are appointed, how people are punished, and which things are criminalized, we can make the US a country which guarantees justice for all. Key Features: Shows how bad incentives, not "bad apples," cause the dysfunction in American criminal justice Focuses not only on overincarceration, but on overcriminalization and other failures of the criminal justice system Provides a philosophical and practical defense of reducing the scope of what’s considered criminal activity Crosses ideological lines, highlighting both the weaknesses and strengths of liberal, conservative, and libertarian agendas Fully integrates tools from philosophy and social science, making this stand out from the many philosophy books on punishment, on the one hand, and the solely empirical studies from sociology and criminal science, on the other Avoids disciplinary jargon, broadening the book’s suitability for students and researchers in many different fields and for an interested general readership Offers plausible reforms that realign specific incentives with the public good.
Author: Rabeea Assy
Author: Rabeea Assy
Author: Rabeea Assy
Author: Michelle Alexander
Author: Alan M. Dershowitz
Author: Barry S. Levy
Author: Eddie Moore
Author: William T. Armaline
Author: Rabeea Assy
Author: Thaddeus J. Williams
Author: Chris W Surprenant