Rights, Wrongs, and Injustices

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press

Published: 2019-11-07

Total Pages: 368

ISBN-13: 0191058750

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Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.


Book Synopsis Rights, Wrongs, and Injustices by : Stephen A. Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen A. Smith and published by Oxford University Press. This book was released on 2019-11-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Rights, Wrongs, and Injustices

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press, USA

Published: 2019-11-12

Total Pages: 369

ISBN-13: 0199229775

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Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.


Book Synopsis Rights, Wrongs, and Injustices by : Stephen A. Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen A. Smith and published by Oxford University Press, USA. This book was released on 2019-11-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Rights, Wrongs, and Injustices

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher:

Published:

Total Pages:

ISBN-13: 9780191843839

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'Rights, Wrongs, and Injustices' is a comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. The text provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content.


Book Synopsis Rights, Wrongs, and Injustices by : Stephen A. Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen A. Smith and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Rights, Wrongs, and Injustices' is a comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. The text provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content.

Anatomy of Injustice

Anatomy of Injustice

Author: Raymond Bonner

Publisher: Vintage

Published: 2013-01-08

Total Pages: 338

ISBN-13: 0307948544

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From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.


Book Synopsis Anatomy of Injustice by : Raymond Bonner

Download or read book Anatomy of Injustice written by Raymond Bonner and published by Vintage. This book was released on 2013-01-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.

To Right Historical Wrongs

To Right Historical Wrongs

Author: Carmela Murdocca

Publisher: UBC Press

Published: 2013-10-15

Total Pages: 281

ISBN-13: 0774824999

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Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.


Book Synopsis To Right Historical Wrongs by : Carmela Murdocca

Download or read book To Right Historical Wrongs written by Carmela Murdocca and published by UBC Press. This book was released on 2013-10-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the Second World War, liberal nation-states sought to address injustices of the past. Canada's government began to consider its own implication in various past wrongs, and in the late twentieth century it began to implement reparative justice initiatives for historically marginalized people. Yet despite this shift, there are more Indigenous and racialized people in Canadian prisons now than at any other time in history. Carmela Murdocca examines this disconnect between the political motivations for amending historical injustices and the vastly disproportionate reality of the penal system a troubling contradiction that is often ignored.

Rights, Wrongs, and Injustices

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press

Published: 2019-11-12

Total Pages: 368

ISBN-13: 0191058742

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Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.


Book Synopsis Rights, Wrongs, and Injustices by : Stephen A. Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen A. Smith and published by Oxford University Press. This book was released on 2019-11-12 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

The Wrong of Injustice

The Wrong of Injustice

Author: Mari Mikkola

Publisher: Oxford University Press

Published: 2016-07-01

Total Pages: 297

ISBN-13: 0190601108

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This book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.


Book Synopsis The Wrong of Injustice by : Mari Mikkola

Download or read book The Wrong of Injustice written by Mari Mikkola and published by Oxford University Press. This book was released on 2016-07-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines contemporary structural social injustices from a feminist perspective. It asks: what makes oppression, discrimination, and domination wrongful? Is there a single wrongness-making feature of various social injustices that are due to social kind membership? Why is sexist oppression of women wrongful? What does the wrongfulness of patriarchal damage done to women consist in? In thinking about what normatively grounds social injustice, the book puts forward two related views. First, it argues for a paradigm shift in focus away from feminist philosophy that is organized around the gender concept woman, and towards feminist philosophy that is humanist. This is against the following theoretical backdrop: Politically effective feminism requires ways to elucidate how and why patriarchy damages women, and to articulate and defend feminism's critical claims. In order to meet these normative demands an influential theoretical outlook has emerged: for emancipatory purposes feminist philosophers should articulate a thick conception of the gender concept woman around which feminist philosophical work is organized. However, Part I of the book argues that we should resist this move, and that feminist philosophers should reframe their analyses of injustice in humanist terms. Second, the book spells out a humanist alternative to the more prevalent gender-focus in feminist philosophy. This hinges on a notion of dehumanization, which Part II of the book develops. The argued for understanding of dehumanization is used to explicate the wrongness-making feature of social injustices, both in general and of those due to patriarchy. Dehumanization is not another form of injustice-rather, it is that which makes forms of social injustice unjust. The book's second part then provides a regimentation of social injustice from a feminist perspective in order to spell out the specifics of the proposed humanist feminism, and to demonstrate how it improves some non-feminist analyses of injustice too.

Rights from Wrongs

Rights from Wrongs

Author: Alan M. Dershowitz

Publisher:

Published: 2004

Total Pages: 282

ISBN-13: 9780465017133

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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.


Book Synopsis Rights from Wrongs by : Alan M. Dershowitz

Download or read book Rights from Wrongs written by Alan M. Dershowitz and published by . This book was released on 2004 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Rights from Wrongs

Rights from Wrongs

Author: Alan M. Dershowitz

Publisher: Basic Books

Published: 2009-04-20

Total Pages: 273

ISBN-13: 0786737735

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This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are "natural"-if, in the words of the Declaration of Independence, it is "self-evident that all men are endowed . . . with certain inalienable rights"-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the "rights" of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.


Book Synopsis Rights from Wrongs by : Alan M. Dershowitz

Download or read book Rights from Wrongs written by Alan M. Dershowitz and published by Basic Books. This book was released on 2009-04-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a wholly new and compelling answer to one of the most persistent dilemmas in both law and moral philosophy: If rights are "natural"-if, in the words of the Declaration of Independence, it is "self-evident that all men are endowed . . . with certain inalienable rights"-where do these rights come from? Does natural law really exist outside the formal structure of humanly enacted law? On the other hand, if rights are nothing more than the product of human law, what argument is there for allowing the "rights" of a few people to outweigh the preferences of the majority? In this book, renowned legal scholar Alan Dershowitz offers a fresh resolution to this age-old dilemma: Rights, he argues, do not come from God, nature, logic, or law alone. They arise out of particular experiences with injustice. While justice is an elusive concept, hard to define and subject to conflicting interpretations, injustice is immediate, intuitive, widely agreed upon and very tangible. This is a timely book that will have an immediate impact on our political dialogue, from the intersection of religion and law to recent quandaries surrounding the right to privacy, voting rights, and the right to marry. More than that, it is a passionate case for the recognition of human rights in a rigorously secular framework. Rights from Wrongs will be the first book to propose a theory of rights that emerges not from some theory of perfect justice but from its opposite: from the bottom up, from trial and error, and from our collective experience of injustice.

What's Wrong with Rights?

What's Wrong with Rights?

Author: Radha D'Souza

Publisher: Pluto Press (UK)

Published: 2018

Total Pages: 0

ISBN-13: 9780745335407

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A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions


Book Synopsis What's Wrong with Rights? by : Radha D'Souza

Download or read book What's Wrong with Rights? written by Radha D'Souza and published by Pluto Press (UK). This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critique of liberal rights exposing the paradox between 'good' capitalism and the reality of its actions