Justice and Injustice in Law and Legal Theory
Publication Year: 1996
Published by: University of Michigan Press
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Legal Justice and Injustice: Toward a Situated Perspective
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Running throughout the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. Commentators from Plato1 to Derrida2 have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote, insofar as possible, the attainment of a just society...
The Injustice of Policing: Prehistory and Rectitude
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This chapter concerns policing democracy, and if I appear to draw excessively on fantasies, images, and exotic worlds of violence and transformation, it is not because I want to downplay the awesome solidity of the police, but because it is there, in the fantasies, that I discern a more pressing need for thinking on this matter-in a sort of spin-off of what the novelist J. M. Coetzee...
Undoing Historical Injustice
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My subject in this chapter is that of legal responses of liberal polities to epochal injustices. A regime comes to power--whether by conquest and occupation, by violent revolution, or by peaceful transition does not matter for the present--in a society whose previous rulers and people have practiced or permitted what the new regime judges to have been gross, systemic injustices...
Justice for All? Marriage and Deprivation of Citizenship in the United States
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In 1924 Mary K., an American-born woman descended from seventeenth-century English colonists, married a man who was, she and he both believed, also an American citizen. He was Taraknath Das, a native of India, a Hindu who had received a certificate of naturalization from a u.s. court in 1914 after eight years of American residence. Shortly after the marriage, however, Mr. Das's naturalization...
Freedom, Equality, Pornography
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According to Andrea Dworkin, "The left--ever visionary-continues to caretake the pornography industry, making the whole wide world--street, workplace, supermarket-repellent to women."1 Dworkin is right that many people who locate themselves on the political Left oppose restrictive pornography regulations.2 Her explanation of this opposition is uncertain...
Judicial Supremacy, the Concept of Law, and the Sanctity of Life
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In the United States, where a written constitution and bill of rights have the force of law, we take for granted that judges of law will sometimes rule upon the legal validity of legislative and executive acts of government. The U.S. Constitution, as law, certainly outranks all other domestic legal material; that is the point of having the kind of constitution we have. It easily follows that when one party to a litigated dispute...
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Page Count: 184
Publication Year: 1996