Justice Fragmented

Justice Fragmented PDF

Author: George C. Pavlich

Publisher: Routledge

Published: 2002-09-11

Total Pages: 224

ISBN-13: 1134829604

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Suppose you have a dispute with your neighbour, and wish to secure redress for losses incurred. How might the issue be resolved? Is it worth the cost and time delay to take the issue to court? Or is there some other approach? Over the past few decades a range of alternative, dispute resolution programmes have emerged to settle conflicts informally, outside the courtroom. Drawing on real life experiences of community mediation practices in British Columbia, Canada, the author explores informal justice as an event rendered possible by the fragmentation of justice under postmodern conditions. He develops some of Foucault's ideas on governmentality to erect an analytical framework that does not view community mediation as necessarily empowering, or an inevitable expansion of state control. The analysis identifies how one might engage with current versions of community justice and yet avoid the political apathy that too often accompanies such criticism.

Fragmented Citizens

Fragmented Citizens PDF

Author: Stephen M. Engel

Publisher: NYU Press

Published: 2016-05-24

Total Pages: 427

ISBN-13: 1479809128

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The landmark Supreme Court decision in June 2015 legalizing the right to same-sex marriage marked a major victory in gay and lesbian rights in the United States. Once subject to a patchwork of laws granting legal status to same-sex couples in some states and not others, gay and lesbian Americans now enjoy full legal status for their marriages wherever they travel or reside in the country. For many, this means that gay and lesbian citizens are one step closer to full equality with the rest of America. However, author Stephen M. Engel contends that there remains much to be done in shaping American institutions to recognize gays and lesbians as full citizens. Tracing the relationship between gay and lesbian individuals and the government from the late 19th century through the early 21st, Engel shows that LGBT Americans are more accurately described as fragmented citizens who still do not have full legal protections against workplace, housing, family, and other kinds of discrimination. There remains a continuing struggle of the state to control their sexuality. Further, he argues that it was the state's ability to identify and control gay and lesbian citizens that allowed it to develop strong administrative capacities to manage all of its citizens in matters of immigration, labor relations, and even national security. The struggle for gay and lesbian rights, then, affected not only the lives of those seeking equality but also the very nature of American governance itself. Fragmented Citizens is a sweeping historical and political account of how our present-day policy debates around citizenship and equality came to be.--Adapted from dust jacket.

Judicial Convergence and Fragmentation in International Human Rights Law

Judicial Convergence and Fragmentation in International Human Rights Law PDF

Author: Elena Abrusci

Publisher: Cambridge University Press

Published: 2022-12-31

Total Pages: 307

ISBN-13: 1009093177

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This book provides an innovative analysis of the complex issue of judicial convergence and fragmentation in international human rights law, moving the conversation forward from the assessment of the two phenomena and investigating their triggering factors. With a wide geographical focus that include the most up-to-date case-law from the three main regional systems (the African, European and Inter-American) and the UN Human Rights Committee, the book confirms the predominant judicial convergence across international human rights law. On this basis, the book engages with an interdisciplinary investigation into the legal and non-legal factors that could explain both convergence and fragmentation, ranging from the use of judicial dialogue and the notions of necessity and proportionality to the composition of the courts and the role of NGOs. The aim is to provide the tools to understand the dynamics between human rights adjudicatory bodies and possibly foresee future instances of judicial fragmentation.

Fragmented Ties

Fragmented Ties PDF

Author: Cecilia Menjívar

Publisher: Univ of California Press

Published: 2000-07-21

Total Pages: 322

ISBN-13: 0520222113

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This text gives a detailed account of the inner workings of the networks by which immigrants leave their homes in Central America to start new lives in the Mission District of San Francisco.

International Judicial Integration and Fragmentation

International Judicial Integration and Fragmentation PDF

Author: Philippa Webb

Publisher: Oxford University Press

Published: 2013-05-09

Total Pages: 282

ISBN-13: 019967115X

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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analyzing judicial practice in three areas:genocide, immunities, and the use of force.

International Judicial Integration and Fragmentation

International Judicial Integration and Fragmentation PDF

Author: Philippa Webb

Publisher: OUP Oxford

Published: 2013-05-10

Total Pages: 288

ISBN-13: 0191650838

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Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Hyperlocal

Hyperlocal PDF

Author: Jennifer S. Vey

Publisher: Brookings Institution Press

Published: 2022-10-25

Total Pages: 284

ISBN-13: 0815739583

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An examination of how the (hyper)local is the locus of real change Many of America’s downtowns, waterfronts, and innovation districts have experienced significant revitalization and reinvestment in recent years, but concentrated poverty and racial segregation remain persistent across thousands of urban, suburban, and rural neighborhoods. The coronavirus pandemic magnified this sustained and growing landscape of inequality. Uneven patterns of economic growth and investment require a shift in how communities are governed and managed. This shift must take into account the changing socioeconomic realities of regions and the pressing need to bring inclusive economic growth and prosperity to more people and places. In this context, place-based (“hyperlocal”) governance structures in the United States and around the globe have been both part of the problem and part of the solution. These organizations range from community land trusts to business improvement districts to neighborhood councils. However, very little systematic research has documented the full diversity and evolution of these organizations as part of one interrelated field. Hyperlocal helps fill that gap by describing the challenges and opportunities of “place governance.” The chapters in Hyperlocal explore both the tensions and benefits associated with governing places in an increasingly fragmented—and inequitable—economic landscape. Together they explore the potential of place governance to give stakeholders a structure through which to share ideas, voice concerns, advocate for investments, and co-design strategies with others both inside and outside their place. They also discuss how place governance can serve the interests of some stakeholders over others, in turn exacerbating wealth-based inequities within and across communities. Finally, they highlight innovative financing, organizing, and ownership models for creating and sustaining more effective and inclusive place governance structures. The authors hope to provoke new thinking among place governance practitioners, policymakers, private sector leaders, urban planners, scholars, students, and philanthropists about how, why, and for whom place governance matters. The book also provides guidance on how to improve place governance practice to benefit more people and places.

The Diversification and Fragmentation of International Criminal Law

The Diversification and Fragmentation of International Criminal Law PDF

Author: Larissa van den Herik

Publisher: Martinus Nijhoff Publishers

Published: 2012

Total Pages: 735

ISBN-13: 9004214593

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This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Fragmentation vs the Constitutionalisation of International Law

Fragmentation vs the Constitutionalisation of International Law PDF

Author: Andrzej Jakubowski

Publisher: Routledge

Published: 2016-07-01

Total Pages: 292

ISBN-13: 1317312287

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The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation. This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.