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The Justice Facade: Trials of Transition in Cambodia
by Alexander HintonWhat is Justice? Is it always just 'to come'? Can real experience be translated into law? Examining Cambodia's troubled reconciliation, Alexander Hinton suggests an approach to justice founded on global ideals of the rule of law, democratization, and a progressive trajectory towards liberty and freedom, and which seeks to align the country with so called universal modes of thought, is condemned to failure. Instead, Hinton advocates focusing on the individual lived experience, and the discourses, interstices, and the combustive encounters connected with it, as a radical alternative. A phenomenology inspired approach towards healing national trauma, Hinton's ground-breaking text will make anybody with an interest in transitional justice, development, humanitarian intervention, human rights, or peacebuilding, question the value of an established truth.
The Justice Facade: Trials of Transition in Cambodia
by Alexander HintonWhat is Justice? Is it always just 'to come'? Can real experience be translated into law? Examining Cambodia's troubled reconciliation, Alexander Hinton suggests an approach to justice founded on global ideals of the rule of law, democratization, and a progressive trajectory towards liberty and freedom, and which seeks to align the country with so called universal modes of thought, is condemned to failure. Instead, Hinton advocates focusing on the individual lived experience, and the discourses, interstices, and the combustive encounters connected with it, as a radical alternative. A phenomenology inspired approach towards healing national trauma, Hinton's ground-breaking text will make anybody with an interest in transitional justice, development, humanitarian intervention, human rights, or peacebuilding, question the value of an established truth.
The Justice Factory: Management Practices at the International Criminal Court (Cambridge Studies in International and Comparative Law)
by null Richard ClementsSpend time at the International Criminal Court, and you will hear the familiar language of anti-impunity. Spend longer, and you will encounter the less familiar language of management – efficiency, risk, and performance, and tools of strategic planning, audit, and performance appraisal. How have these two languages fused within the primary institution of global justice? This book explores that question through an historical and conceptually layered account of management's effects on the ICC's global justice project. It historicises management, forcing international lawyers to look at the sites of struggle – from the plantation to the United Nations – that have shaped the court's managerial present. It traces the court's macro, micro and meso scales of management, showing how such practices have fashioned a vision of global justice at organisational, professional, and argumentative levels. And it asks how those who care about global justice might engage with managerial justice at an institution animated by forms, reforms, and the promise of optimisation.
Justice for All: Repairing American Criminal Justice
by Charles E MacLean Adam LamparelloJustice for All identifies ten central flaws in the criminal justice system and offers an array of solutions – from status quo to evolution to revolution – to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.
Justice for All: Repairing American Criminal Justice
by Charles E MacLean Adam LamparelloJustice for All identifies ten central flaws in the criminal justice system and offers an array of solutions – from status quo to evolution to revolution – to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.
Justice for Crimes Against Humanity
by Mark Lattimer Philippe SandsThe aim of this book is to assess recent developments in international law seeking to bring an end to impunity by bringing to justice those accused of war crimes and crimes against humanity. The book was originally conceived while the editors were engaged, in different capacities, in proceedings relating to the detention of Senator Pinochet in London. The vigorous public debate that attended that case - and related developments in international criminal justice, such as the creation of the International Criminal Court and the trial of former President Milosevic - demonstrate the close connections between the law and wider political or moral questions. In the field of international criminal justice there appeared, therefore, a clear need to distinguish legal from essentially political issues - promoting the application of the law in an impartial and apolitical manner - while at the same time enabling each to legitimately inform the development of the other.The essays in this volume, written by internationally recognised legal experts: scholars, practitioners, judges - explore a wide range of subjects, including immunities, justice in international and mixed courts, justice in national courts, and in a particularly practical section, perspectives offered by experienced practitioners in the field."This is a welcome collection of papers on criminal justice both at the international and the national level...a book which fills many gaps and adds considerable value by discussing wider policy and moral issues; it is to be recommended to all who are interested in the development of international criminal justice."Elizabeth Wilmshurst, International Affairs
Justice for Girls?: Stability and Change in the Youth Justice Systems of the United States and Canada (Adolescent Development and Legal Policy)
by Jane B. Sprott Anthony N. DoobFor over a century, as women have fought for and won greater freedoms, concern over an epidemic of female criminality, especially among young women, has followed. Fear of this crime wave—despite a persistent lack of evidence of its existence—has played a decisive role in the development of the youth justice systems in the United States and Canada. Justice for Girls? is a comprehensive comparative study of the way these countries have responded to the hysteria over “girl crime” and how it has affected the treatment of both girls and boys. Tackling a century of historical evidence and crime statistics, Jane B. Sprott and Anthony N. Doob carefully trace the evolution of approaches to the treatment of young offenders. Seeking to keep youths out of adult courts, both countries have built their systems around rehabilitation. But, as Sprott and Doob reveal, the myth of the “girl crime wave” led to a punitive system where young people are dragged into court for minor offenses and girls are punished far more severely than boys. Thorough, timely, and persuasive, Justice for Girls? will be vital to anyone working with troubled youths.
Justice for Girls?: Stability and Change in the Youth Justice Systems of the United States and Canada (Adolescent Development and Legal Policy)
by Jane B. Sprott Anthony N. DoobFor over a century, as women have fought for and won greater freedoms, concern over an epidemic of female criminality, especially among young women, has followed. Fear of this crime wave—despite a persistent lack of evidence of its existence—has played a decisive role in the development of the youth justice systems in the United States and Canada. Justice for Girls? is a comprehensive comparative study of the way these countries have responded to the hysteria over “girl crime” and how it has affected the treatment of both girls and boys. Tackling a century of historical evidence and crime statistics, Jane B. Sprott and Anthony N. Doob carefully trace the evolution of approaches to the treatment of young offenders. Seeking to keep youths out of adult courts, both countries have built their systems around rehabilitation. But, as Sprott and Doob reveal, the myth of the “girl crime wave” led to a punitive system where young people are dragged into court for minor offenses and girls are punished far more severely than boys. Thorough, timely, and persuasive, Justice for Girls? will be vital to anyone working with troubled youths.
Justice for Hedgehogs
by Ronald DworkinIn Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.
Justice for Hedgehogs
by Ronald DworkinIn Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.
Justice for Some: Law and the Question of Palestine
by Noura ErakatJustice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
Justice for Victims before the International Criminal Court (Routledge Research in International Law)
by Luke MoffettMany prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Justice for Victims before the International Criminal Court (Routledge Research in International Law)
by Luke MoffettMany prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Justice for Victims of Crime: Human Dignity as the Foundation of Criminal Justice in Europe
by Albin DearingThis book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.
Justice Frustrated: The Systemic Impact of Delays in Indian Courts
by Shruti Vidyasagar Shruthi Naik Harish NarasappaWhat happens when justice is delayed? It is denied, certainly. That answer, while a truism, is also incomplete, for it does not describe the depth, intensity, and complexity of the impact of delay in Indian courts. Several questions may be considered in this context: How does an undertrial prisoner bring up her child in prison? How does delay in disposal of a claim affect a company's business? Who suffers when land acquisition is mired in litigation-landowner or the public? Does involvement in prolonged litigation detract from a government's primary purpose? Will appointing more judges solve the problem of delay and rising pendency? Are amendments to law and policy working to mitigate delays?To answer these and other questions, this volume of essays-to which lawyers, economists, sociologists, researchers, and a High Court judge have contributed-goes beyond understanding the price of delay in terms of lost time and money. Instead, it examines the effects of delay at multiple levels-individual, institutional, societal, and systemic-through critical data analyses. It also presents innovative use of cross-disciplinary methods to understand what causes delay, how its impact can be measured, and how its effects can be anticipated and avoided. Targeted systemic interventions are crucial to minimise the adverse impact of delays, so that justice is neither delayed nor frustrated, or, indeed, reduced to mere illusion!
The Justice Game
by Geoffrey RobertsonGeoffrey Robertson QC has been at the centre of internationally high-profile legal cases for over three decades. From representing Princess Diana to Salman Rushdie, to his involvement in the celebrated criminal trials of Oz magazine and Gay News, Robertson is an unfailing champion of human rights, justice, freedom and democracy. In this captivating memoir, Robertson reveals what draws him to each case, his ingenious analysis and interpretation of the courtroom proceedings, and the legal and civic consequences – wrapping each case into a thrilling, rollercoaster sequence of events.Entertaining, scandalous and hugely insightful, The Justice Game provides a piercing behind-the-scenes look into courtroom cases, the practice of the law and the never-ending fight in striving to narrow the gap between the law and justice. A highly recommended read for those interested in current affairs, criminal and public law, legal history and the British legal system.‘This wonderful book...reads like a John Grisham, infused with moral anger’ Independent
The Justice Game (PDF)
by Geoffrey RobertsonGeoff Robertson was born in Australia, bu came to London in 1970. He made his name as the fearless defender of Oz magazine at the celebrated trial and went on to engage in some of the most newsworthy cases in recent history. He has defended John Stonehouse, Cynthia Payne, Salman Rushdie, Kate Adie, Arthur Scargill, Daniel Sullivan, Gay News, 'The Romans of Britain', 'Niggaz with Attitude', and a pair of foetal earrings. The book includes accounts of recent cases including the defence of a West London gym owner against the Prince of Wales, the Matrix Churchill affair, and the defence of the Guardian in the cash-for-questions affair. Hugely readable, funny, scandalous, revelator, this will become one of the great books about the law.
Justice, Humanity and the New World Order (Routledge Revivals)
by Ian WardThis title was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order , by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order , including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism , which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order .
Justice, Humanity and the New World Order (Routledge Revivals)
by Ian WardThis title was first published in 2003.Justice, Humanity and the New World Order offers a refreshing analysis of current jurisprudential concerns regarding the new world order , by examining them in the intellectual context of the late eighteenth-century Enlightenment. After setting the historical context, the author investigates aspects of Enlightenment political culture as well as aspects of the new world order , including international relations, the European Union and human rights. In conclusion, the author introduces the concept of a new humanism , which he suggests, drawing on certain aspects of Enlightenment political philosophy, can complement the new world order .
Justice in a Time of Austerity: Stories From a System in Crisis
by Jon Robins Daniel NewmanHow are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.
Justice in a Time of Austerity: Stories From a System in Crisis
by Jon Robins Daniel NewmanHow are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.
Justice In-Between: A Study of Intermediate Criminal Verdicts (Oxford Monographs on Criminal Law and Justice)
by Federico PicinaliMost contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.
Justice In-Between: A Study of Intermediate Criminal Verdicts (Oxford Monographs on Criminal Law and Justice)
by Federico PicinaliMost contemporary criminal justice systems adopt a 'binary' system of verdicts. In a binary system, there is a single evidential threshold, or standard of proof. If the standard is met, the verdict is 'guilty', the defendant is convicted, and punishment is permitted. If the standard is not met, the verdict is 'not guilty', the defendant is acquitted, and punishment is forbidden. There is no middle ground between the verdict of 'not guilty' and that of 'guilty'. An intermediate verdict represents such middle ground, intermediate between acquittal and conviction both in terms of the strength of the incriminating evidence that is needed to warrant the verdict and in terms of the severity of the consequences that the verdict may produce for the defendant. Justice In-Between is a study of intermediate criminal verdicts and advances a novel justification of such controversial devices, with the aim to produce a consensus amongst scholars subscribing to different theories of punishment. Indeed, the book shows that one cannot investigate the choice of the standard of proof nor, importantly, that of the verdict system, in isolation from the question of the justification for punishing. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under any of the main theories of punishment.