On The Rule of Law: History, Politics, Theory

On The Rule of Law: History, Politics, Theory
Brian Z. Tamanaha | 2004-12-13 00:00:00 | Cambridge University Press | 188 | Jurisprudence
Although it is currently the most important political ideal, there is much confusion about what the 'rule of law' means and how it works. Brian Tamanaha outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book's examination of the rule of law on a global level concludes by deciding whether the rule of law is a universal human good.

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Punishment, Compensation, and Law: A Theory of Enforceability (Cambridge Studies in Philosophy and Law)

Punishment, Compensation, and Law: A Theory of Enforceability (Cambridge Studies in Philosophy and Law)
Mark R. Reiff | 2005-07-11 00:00:00 | Cambridge University Press | 272 | Jurisprudence
Focusing on the enforceability of legal rights, but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. Describing the various means by which restraints may be enforced, he explains how the sufficiency of enforcement can be measured. He also develops a new, unified theory of deterrence, retribution, and compensation that shows how various aspects of enforceability relate to one another. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations.

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Breaking the Cycles of Hatred: Memory, Law, and Repair

Breaking the Cycles of Hatred: Memory, Law, and Repair
Martha Minow | 2002-10-28 00:00:00 | Princeton University Press | 264 | Jurisprudence
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?

Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.

A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

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