the myth of moral justice why our legal system fails to do what s right

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The Myth Of Moral Justice

Author : Thane Rosenbaum
ISBN : 9780062119889
Genre : Law
File Size : 74. 69 MB
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We are obsessed with watching television shows and feature films about lawyers, reading legal thrillers, and following real-life trials. Yet, at the same time, most of us don't trust lawyers and hold them and the legal system in very low esteem. In The Myth of Moral Justice, law professor and novelist Thane Rosenbaum suggests that this paradox stems from the fact that citizens and the courts are at odds when it comes to their definitions of justice. With a lawyer's expertise and a novelist's sensability, Rosenbaum tackles complicated philosophical questions about our longing for moral justice. He also takes a critical look at what our legal system does to the spirits of those who must come before the law, along with those who practice within it.

Our Corrupt Legal System

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File Size : 32. 36 MB
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Expert Witness In The Legal System A Scientist S Search For Justice

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ISBN : 9781434953520
Genre :
File Size : 74. 59 MB
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Beyond Right And Wrong

Author : Randall Kiser
ISBN : 364203814X
Genre : Law
File Size : 59. 71 MB
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Let us endeavor to see things as they are, and then enquire whether we ought to complain. Whether to see life as it is, will give us much consolation, I know not; but the consolation which is drawn from truth if any there be, is solid and durable: that which may be derived from errour, must be, like its original, fallacious and fugitive. Samuel Johnson, Letter to Bennet Langton (1758) Attorneys and clients make hundreds of decisions in every litigation case. From initially deciding which attorney to retain to deciding which witnesses to call at trial, from deciding whether to ?le a complaint to deciding whether to appeal a verdict, attorneys and clients make multiple, critical decisions about strategies, costs, arguments, valuations, evidence and negotiations. Once made, these de- sions are scrutinized by an opponent intent on exploiting the consequences of any mistake. In this intense and adversarial arena, decision-making errors often are transparent, irreversible and dispositive, wielding the power to bankrupt clients and dissolve law ?rms. Although attorneys and clients may regard sound decision making as incidental to effective lawyering, sound decision making actually is the essence of effective lawyering. An attorney’s knowledge, intelligence and experience are inert re- urces until the attorney decides how to deploy those skills to serve the client’s interests. Those decisions, in turn, largely determine a case’s course and outcome.

Encyclopedia Of Global Justice

Author : Deen K. Chatterjee
ISBN : 9781402091605
Genre : Business & Economics
File Size : 27. 87 MB
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This two-volume Encyclopedia of Global Justice, published by Springer, along with Springer's book series, Studies in Global Justice, is a major publication venture toward a comprehensive coverage of this timely topic. The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry. The Encyclopedia sets the tone and direction of this increasingly important area of scholarship for years to come. The entries number around 500 and consist of essays of 300 to 5000 words. The inclusion and length of entries are based on their significance to the topic of global justice, regardless of their importance in other areas.

Boundaries Of Loyalty

Author : Saul J. Berman
ISBN : 9781107090651
Genre : Law
File Size : 27. 15 MB
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This book surveys the Jewish Law of testimony as presented in the Talmud and its boundaries on loyalty in non-Jewish courts.

Payback

Author : Thane Rosenbaum
ISBN : 9780226043692
Genre : Law
File Size : 36. 83 MB
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We call it justice—the assassination of Osama bin Laden, the incarceration of corrupt politicians or financiers like Rod Blagojevich and Bernard Madoff, and the climactic slaying of cinema-screen villains by superheroes. But could we not also call it revenge? We are told that revenge is uncivilized and immoral, an impulse that individuals and societies should actively repress and replace with the order and codes of courtroom justice. What, if anything, distinguishes punishment at the hands of the government from a victim’s individual desire for retribution? Are vengeance and justice really so very different? No, answers legal scholar and novelist Thane Rosenbaum in Payback: The Case for Revenge—revenge is, in fact, indistinguishable from justice. Revenge, Rosenbaum argues, is not the problem. It is, in fact, a perfectly healthy emotion. Instead, the problem is the inadequacy of lawful outlets through which to express it. He mounts a case for legal systems to punish the guilty commensurate with their crimes as part of a societal moral duty to satisfy the needs of victims to feel avenged. Indeed, the legal system would better serve the public if it gave victims the sense that vengeance was being done on their behalf. Drawing on a wide range of support, from recent studies in behavioral psychology and neuroeconomics, to stories of vengeance and justice denied, to revenge practices from around the world, to the way in which revenge tales have permeated popular culture—including Hamlet, The Godfather, and Braveheart—Rosenbaum demonstrates that vengeance needs to be more openly and honestly discussed and lawfully practiced. Fiercely argued and highly engaging, Payback is a provocative and eye-opening cultural tour of revenge and its rewards—from Shakespeare to The Sopranos. It liberates revenge from its social stigma and proves that vengeance is indeed ours, a perfectly human and acceptable response to moral injury. Rosenbaum deftly persuades us to reconsider a misunderstood subject and, along the way, reinvigorates the debate on the shape of justice in the modern world.

A Different Vision

Author : Thomas D Boston
ISBN : 9781134798599
Genre : Business & Economics
File Size : 61. 41 MB
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First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Without A Tear

Author : Mark H. Bernstein
ISBN : 0252071980
Genre : Nature
File Size : 87. 83 MB
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Beginning with our most cherished moral belief- that it is wrong to intentionally and gratuitously inflict harm upon the innocent- many of our most common practices involving animals stand in need of drastic revision. In Without a Tear Mark H. Bernstein begins with one of our most common and cherished moral beliefs: that it is wrong to intentionally and gratuitously inflict harm on the innocent. Over the course of the book, he shows how this apparently innocuous commitment requires that we drastically revise many of our most common practices involving nonhuman animals. Most people who write about our ethical obligations concerning animals base their arguments on emotional appeals or contentious philosophical assumptions. baggage. He considers the issues in a religious context, where he finds that Judaism in particular has the resources to ground moral obligations to animals. Without a Tear also makes novel use of feminist ethics to add to the case for drawing animals more closely into our ethical world. Bernstein details the realities of factory farms, animal-based research, and hunting fields, and contrasting these chilling facts with our moral imperatives clearly shows the need for fundamental changes to some of our most basic animal institutions. The tightly argued, provocative claims in Without a Tear will be an eye-opening experience for animal lovers, scholars, and people of good faith everywhere.

Crime Punishment And Reform In Europe

Author : Louis A. Knafla
ISBN : 0313310149
Genre : History
File Size : 27. 13 MB
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Examines the history of crime, punishment, and reform in Europe from the 18th century onward.

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