Schaefer challenges John Rawls's practically sacrosanct status among scholars of political theory, law, and ethics by demonstrating how Rawls's teachings deviate from the core tradition of American constitutional liberalism toward libertarianism"--Provided by publisher.
The meaning of social justice remains obscure, and existing theories put forward by political philosophers to explain it have failed to capture the way people think about issues of social justice. This text develops a new theory.
Past methods of probation and parole supervision have largely relied on caseworkers who monitor their "clients" as well as they can. But, as numbers of "clients" increase, studies indicate that this model is ineffectual. The time has come to significantly rethink the approaches to community supervision. As described in What Is Community Justice?, the aim of the new efforts is to explicitly integrate the community and the criminal justice process in probation programs. There are five key goals that this book addresses to achieve this end: The building of partnerships between community supervision agencies and the community Expanding the "client" definition to include the victim of crime, the family of the offender, and the community itself Focus on places: agencies must take into account important local differences in neighborhoods Preventing problems between the community and the client rather than reacting to them Adding value to community life This book addresses the specific ways of achieving these goals by presenting six case studies of probation programs that represent a practical side of the community justice ideal. What emerges is a provocative and enlightening new approach to the problems of probation and parole.
Criminal proceedings in which people can lose life, liberty, or reputation tell us a great deal about the character of any society. In Japan, it is prosecutors who wield the greatest control over these values and who therefore reveal most clearly the character of the Japanese way of justice. In this book, David T. Johnson portrays Japanese prosecutors at work; the social, political, and legal contexts that enable and constrain their actions; and the content of the justice thereby delivered. Johnson is the first researcher, Japanese or foreign, to gain access to the frontline prosecutors who charge cases and the backstage prosecutors who manage and direct them. He shows that prosecutors in Japan frequently harmonize to imperlatives of justice that Americans often regard as irreconcilable: the need to individualize cases alike. However, their capacity to correct offenders and to obtain contrite, complete confessions from criminal suspects. Johnson argues that this extreme reliance on confessions occasionally leads to extreme efforts to extract them. Indeed, much of the most disturbing prosecutor behavior springs directly or indirectly from the system's inordinate dependence on admissions of guilt. The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments. Clearly written and skillfully argued, this comparative analysis will be of interest to students of Japan, criminology, and law and society. It illuminates unexplored realms in Japan's criminal justice system while challenging readers to examine their assumptions about how crime should be prosecuted in their own systems of criminal justice.
Do any moral values underlie the foundations of law and society in America? In Justice as Integrity, David Fagelson argues that morality is indeed a part of the idea of law. Examining controversies of speech and privacy, he does not ignore the conservative communitarian streak in America, but argues that liberal tolerance best fits the social meanings of American political morality. While tolerance plays a critical role, different social practices yield different conceptions of tolerance. Judges must interpret any public text to develop coherent narratives that best explain the use of force in their jurisdiction. In America, Fagelson argues, liberal tolerance is the sovereign principle that the Supreme Court uses as a prism when interpreting social institutions like marriage, speech, and even death, to make them more consistent with personal autonomy.
Throughout his distinguished and influential career, David Harvey has defined and redefined the relationship between politics, capitalism, and the social aspects of geographical theory. Laying out Harvey's position that geography could not remain objective in the face of urban poverty and associated ills, Social Justice and the City is perhaps the most widely cited work in the field. Harvey analyzes core issues in city planning and policy--employment and housing location, zoning, transport costs, concentrations of poverty--asking in each case about the relationship between social justice and space. How, for example, do built-in assumptions about planning reinforce existing distributions of income? Rather than leading him to liberal, technocratic solutions, Harvey's line of inquiry pushes him in the direction of a "revolutionary geography," one that transcends the structural limitations of existing approaches to space. Harvey's emphasis on rigorous thought and theoretical innovation gives the volume an enduring appeal. This is a book that raises big questions, and for that reason geographers and other social scientists regularly return to it.
Fifty years after President Dwight D. Eisenhower ordered troops to Little Rock, Arkansas, to enforce a federal court order desegregating the city's Central High School, a leading authority on Eisenhower presents an original and engrossing narrative that places Ike and his civil rights policies in dramatically new light. Historians such as Stephen Ambrose and Arthur Schlesinger, Jr., have portrayed Eisenhower as aloof, if not outwardly hostile, to the plight of African-Americans in the 1950s. It is still widely assumed that he opposed the Supreme Court's landmark 1954 Brown v. Board of Education decision mandating the desegregation of public schools, that he deeply regretted appointing Earl Warren as the Court's chief justice because of his role in molding Brown, that he was a bystander in Congress's passage of the civil rights acts of 1957 and 1960, and that he so mishandled the Little Rock crisis that he was forced to dispatch troops to rescue a failed policy. In this sweeping narrative, David A. Nichols demonstrates that these assumptions are wrong. Drawing on archival documents neglected by biographers and scholars, including thousands of pages newly available from the Eisenhower Presidential Library, Nichols takes us inside the Oval Office to look over Ike's shoulder as he worked behind the scenes, prior to Brown, to desegregate the District of Columbia and complete the desegregation of the armed forces. We watch as Eisenhower, assisted by his close collaborator, Attorney General Herbert Brownell, Jr., sifted through candidates for federal judgeships and appointed five pro-civil rights justices to the Supreme Court and progressive judges to lower courts. We witness Eisenhower crafting civil rights legislation, deftly building a congressional coalition that passed the first civil rights act in eighty-two years, and maneuvering to avoid a showdown with Orval Faubus, the governor of Arkansas, over desegregation of Little Rock's Central High. Nichols demonstrates that Eisenhower, though he was a product of his time and its backward racial attitudes, was actually more progressive on civil rights in the 1950s than his predecessor, Harry Truman, and his successors, John F. Kennedy and Lyndon Johnson. Eisenhower was more a man of deeds than of words and preferred quiet action over grandstanding. His cautious public rhetoric -- especially his legalistic response to Brown -- gave a misleading impression that he was not committed to the cause of civil rights. In fact, Eisenhower's actions laid the legal and political groundwork for the more familiar breakthroughs in civil rights achieved in the 1960s. Fair, judicious, and exhaustively researched, A Matter of Justice is the definitive book on Eisenhower's civil rights policies that every presidential historian and future biographer of Ike will have to contend with.
In the first ever theoretical treatment of the environmental justice movement, David Schlosberg demonstrates the development of a new form of `critical' pluralism, in both theory and practice. Taking into account the evolution of environmentalism and pluralism over the course of the century, the author argues that the environmental justice movement and new pluralist theories now represent a considerable challenge to both conventional pluralist thought and the practices of the major groups in the US environmental movement. Much of recent political theory has been aimed at how to acknowledge and recognize, rather than deny, the diversity inherent in contemporary life. In practice, the myriad ways people define and experience the `environment' has given credence to a form of environmentalism that takes difference seriously. The environmental justice movement, with its base in diversity, its networked structure, and its communicative practices and demands, exemplifies the attempt to design political practices beyond those one would expect from a standard interest group in the conventional pluralist model.
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
What is justice? Questions of justice are questions about what people are due. However, what that means in practice depends on the context in which the question is raised. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, therefore, is a constellation of elements that exhibit a degree of integration and unity. Nonetheless, the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood rather than that of a building. A theory of justice offers individuals a map of that neighborhood, within which they can explore just what elements amount to justice.
NEW AND REVISED THIRD EDITION This book introduces basic statistics and statistical concepts, with each chapter building in sophistication to prepare for the concepts that follow. Emphasizing comprehension and interpretation over computation, the book still takes a serious approach to statistics, tailored to the real world of crime and justice. The updated and expanded 3rd edition includes additional chapter-end exercises; expanded computer exercises that can be performed in the Student Version of SPSS; extended discussion of multivariate regression models, including interaction and non-linear effects; a new chapter on multinomial and ordinal logistic regression models, designed for comprehension and interpretation; and new material on multivariate regression models. "One course that students always put off until they are nearing the completion of their degree requirements is statistics. The fear is that the material is either too difficult or the book doesn’t make sense. Although as teachers we can do little about the former, we can do much about the latter, and Weisburd and Britt have done just that. Statistics in Criminal Justice is precisely the book I wish I learned statistics with when I was a student. It presents readers with the basic tools needed to be a consumer and user of criminal justice research, includes many examples spanning a wide range of criminal justice/criminological topics, and the end-of-chapter study questions and computer exercises reinforce key concepts. To the authors’ credit, this text goes even farther by introducing the reader to more advanced forms of regression-based analyses. As such, the book can and should be read by undergraduate students starting off in higher education, graduate students embarking on their academic careers, and even seasoned faculty who every now and again need to recall a formula or brush up on some matters. After reading Statistics in Criminal Justice, I am sure you will join me in thanking these two first-rate scholars for taking the time to teach us statistics in an enjoyable and effective manner." -Alex R. Piquero, Presidential Scholar & Professor, University of Maryland-College Park
Studies of the causes of wars generally presuppose a 'realist' account of motivation: when statesmen choose to wage war, they do so for purposes of self-preservation or self-aggrandizement. In this book, however, David Welch argues that humans are motivated by normative concerns, the pursuit of which may result in behaviour inconsistent with self-interest. He examines the effect of one particular type of normative motivation - the justice motive - in the outbreak of five Great Power wars: the Crimean war, the Franco-Prussian war, World War I, World War II, and the Falklands war. Realist theory would suggest that these wars would be among the least likely to be influenced by considerations other than power and interest, but the author demonstrates that the justice motive played an important role in the genesis of war, and that its neglect by theorists of international politics is a major oversight.
Based on original research, this exhaustive volume provides a rich background to Albertas historic courthouses. Covering in detail all of Albertas historic courthouses built between 1874 and 1950, this book considers many facets of these unique and significant structures.
That Scalia has most profoundly affected, particularly constitutional protections for property rights. Citing Scalia's use of judicial review to check legislative power and his attempts to limit several types of individual rights developed during the Warren and Burger courts, the authors conclude that Scalia's decisions reflect an effort to create a post-Carolene Products jurisprudence and to form a new pattern of assumptions regarding the role of the Supreme Court in.
Each book in this series offers all the statutes, legal opinions, and studies students need to structure a cohesive argument on a given controversial topic. Issues are presented from multiple points of view; sidebars cite laws and opinions to aid in critical analysis; appendixes help students conduct legal research; and, all sources are fully documented.
This new study of early Canadian law delves into the court records of the Niagara District, one of the richest sets of records surviving from Upper Canada, to analyze the criminal justice system in the district during the first half of the 19th century.
A Brief History of Justice traces the development of the idea of justice from the ancient world until the present day, with special attention to the emergence of the modern idea of social justice. An accessible introduction to the history of ideas about justice Shows how complex ideas are anchored in ordinary intuitions about justice Traces the emergence of the idea of social justice Identifies connections as well as differences between distributive and corrective justice Offers accessible, concise introductions to the thought of several leading figures and schools of thought in the history of philosophy
In Forced Justice, David Armor explores the entire range of controversial issues in school desegregation policy, including evolving Supreme Court doctrines, the educational and social impacts of desegregation, and the effectiveness of mandatory versus voluntary desegregation methods, including magnet schools. He challenges the "harm and benefit" thesis of Brown v. Board of Education, finding few significant educational and psychological benefits from desegregation, and he counters conventional wisdom by arguing that voluntary plans using magnet schools are just as effective in attaining long-term desegregation as mandatory busing. Armor concludes by proposing a new policy of "equity choice" which draws on the best features of both the desegregation and choice movements.
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