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| fairness of the law: Fairness in International Law and Institutions Thomas M. Franck, 1995 Professor Franck offers a compelling view of the future of international legal reasoning and legal theory. His critical analysis of the norms and institutions of modern international law inspires hope that advances will be made at all levels. |
| fairness of the law: Fairness in Law and Economics Lee Anne Fennell, Richard H. McAdams, 2013 Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field. |
| fairness of the law: Education Law Derek Black, Robert A. Garda, John E. Taylor, Emily Gold Waldman, 2021-01-31 The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual |
| fairness of the law: Fairness Nicholas Rescher, In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. [Fairness is] one of the most forceful conceptual analysis of fairness yet produced. -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction. |
| fairness of the law: The Right to a Fair Trial in International Law Amal Clooney, Philippa Webb, 2021-02-11 This book provides a comprehensive explanation of what the right to a fair trial means in practice under international law. Focus on factual scenarios that practitioners may, it brings together sources and cases that define the right to a fair trial in criminal proceedings. |
| fairness of the law: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| fairness of the law: Fairness and Effectiveness in Policing National Research Council, Division of Behavioral and Social Sciences and Education, Committee on Law and Justice, Committee to Review Research on Police Policy and Practices, 2004-04-06 Because police are the most visible face of government power for most citizens, they are expected to deal effectively with crime and disorder and to be impartial. Producing justice through the fair, and restrained use of their authority. The standards by which the public judges police success have become more exacting and challenging. Fairness and Effectiveness in Policing explores police work in the new century. It replaces myths with research findings and provides recommendations for updated policy and practices to guide it. The book provides answers to the most basic questions: What do police do? It reviews how police work is organized, explores the expanding responsibilities of police, examines the increasing diversity among police employees, and discusses the complex interactions between officers and citizens. It also addresses such topics as community policing, use of force, racial profiling, and evaluates the success of common police techniques, such as focusing on crime hot spots. It goes on to look at the issue of legitimacyâ€how the public gets information about police work, and how police are viewed by different groups, and how police can gain community trust. Fairness and Effectiveness in Policing will be important to anyone concerned about police work: policy makers, administrators, educators, police supervisors and officers, journalists, and interested citizens. |
| fairness of the law: Fairness versus Welfare Louis Kaplow, Steven Shavell, 2009-07-01 By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia. |
| fairness of the law: Fairness in International Criminal Trials Yvonne McDermott, 2016-01-21 With the acceptance of international criminal procedure as a self-sustaining discipline and as the tribunals established to try the most serious crimes in the former Yugoslavia, Sierra Leone, and Rwanda have completed or are beginning to wind up their activities, the time is ripe for a critical evaluation of these international criminal tribunals and their legacy. By examining the due process standards embraced by the five contemporary international criminal tribunals, the author draws conclusions about how the right to a fair trial should be interpreted in international criminal law. This volume addresses key conceptual questions on fairness, including: should international criminal tribunals set the highest standards of fairness, or is it sufficient for their practice to be 'just fair enough'? To whom does the right to a fair trial attach, and can actors such as the prosecution and victims be accurately said to benefit from that right? Does fairness require the full realization of a number of guarantees owed to the accused under the statutory frameworks of international criminal tribunals, or should we instead be concerned with the fairness of the trial 'as a whole'? What is the interplay between domestic and international courts on questions of procedural fairness? What are the elements of fairness in international criminal proceedings? And what remedies are available for breaches of fair trial rights? Through an in-depth exploration of the right to a fair trial, the author concludes that international criminal tribunals have a role in setting the highest standards of due process protection in their procedures, and that in so doing, they can have a positive impact on domestic justice systems. |
| fairness of the law: Against Fairness Stephen T. Asma, 2013 A polymath philosopher shares lighthearted examples of humanity's unspoken instinct toward favoritism to argue against zealous pursuits of fairness. |
| fairness of the law: ACHIEVING FAIRNESS KAREN. BUSBY, 2020 |
| fairness of the law: The Law of Good People Yuval Feldman, 2018-06-07 This book argues that overcoming people's inability to recognize their own wrongdoing is the most important but regrettably neglected area of the behavioral approach to law. |
| fairness of the law: Fairness, Morality and Ordre Public in Intellectual Property Daniel J.Gervais, 2020-04-24 This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit intellectual property rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. |
| fairness of the law: Global Mandatory Fair Use Tanya Aplin, Lionel Bently, 2020-11-05 Examining a neglected aspect of international copyright law, this book highlights the obligation on nations to maintain broad copyright exceptions. |
| fairness of the law: How Do Judges Decide? Cassia Spohn, 2002-01-28 The appropriate amount of punishment for a given crime is an issue that has been debated by scholars, philosophers and legal professionals since the beginning of civilizations. This book seeks to address this issue in all of its complexity by providing a comprehensive overview of the sentencing process in the United States. The book begins by discussing the overall concept of punishment and then proceeds to dissect individual aspects of punishment. Topics include: the sentencing process; responsibility of the judge; disparity and discrimination in sentencing; and sentencing reform. This book is an ideal text for introductory courses on the judicial system, criminal law, law and society. It can be an essential resource to help students understand patterns in the wide discretion and latitude given to judges when determining punishments within the framework of the United States judicial system. |
| fairness of the law: Justice as Fairness John Rawls, 2001-05-16 This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s. In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents in one place an account of justice as fairness as I now see it, drawing on all [my previous] works. He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings. Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain. |
| fairness of the law: States, the Law and Access to Refugee Protection Maria O'Sullivan, Dallal Stevens, 2017-03-23 This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law. |
| fairness of the law: The Oxford Handbook of Justice in the Workplace Russell Cropanzano, Maureen L. Ambrose, 2015 Justice is everyone's concern. It plays a critical role in organizational success and promotes the quality of employees' working lives. For these reasons, understanding the nature of justice has become a prominent goal among scholars of organizational behavior. As research in organizational justice has proliferated, a need has emerged for scholars to integrate literature across disciplines. Offering the most thorough discussion of organizational justice currently available, The Oxford Handbook of Justice in the Workplace provides a comprehensive review of empirical and conceptual research addressing this vital topic. Reflecting this dynamic and expanding area of research, chapters provide cutting-edge reviews of selection, performance management, conflict resolution, diversity management, organizational climate, and other topics integral for promoting organizational success. Additionally, the book explores major conceptual issues such as interpersonal interaction, emotion, the structure of justice, the motivation for fairness, and cross-cultural considerations in fairness perceptions. The reader will find thorough discussions of legal issues, philosophical concerns, and human decision-making, all of which make this the standard reference book for both established scholars and emerging researchers. |
| fairness of the law: The Fair and Equitable Treatment Standard in the International Law of Foreign Investment Ioana Tudor, 2008 This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law. |
| fairness of the law: Handy Reference Guide to the Fair Labor Standards Act (Federal Wage-hour Law) ... United States. Wage and Hour and Public Contracts Divisions, 1963 |
| fairness of the law: The Principle of Fairness and Political Obligation George Klosko, 2004-01-26 In The Principle of Fairness and Political Obligation, George Klosko presents the first book-length treatment of political obligation grounded in the premises of liberal political theory. In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought. |
| fairness of the law: The Chinese Road of the Rule of Law Lin Li, 2018-06-06 This book studies the practical experience and theoretical development of rule of law in China, and provides fundamental theory for the construction of rule of law in contemporary China. The author examines the rule of law by exploring the entire legal system, and highlighting various aspects including the legislation, law enforcement and supervision systems. Readers will also discover the author’s strong opinions on scientific legislation, legal government, judicial reform, and the culture of rule of law. This highly readable book will appeal to both general readers and researchers interested in rule of law in China. |
| fairness of the law: The Law of Peoples John Rawls, 1999 This work consists of two parts: The Idea of Public Reason Revisited and The Law of Peoples. Taken together, they are the culmination of more than 50 years of reflection on liberalism and on some pressing problems of our times. |
| fairness of the law: Fairness in International Climate Change Law and Policy Friedrich Soltau, 2009-09-14 Based on an overview of science and the development of the climate regime to date, this book seeks to identify the elements of a working consensus on fairness principles that could be used to solve the hitherto intractable problem of assigning responsibility for combating climate change. |
| fairness of the law: United States Attorneys' Manual United States. Department of Justice, 1985 |
| fairness of the law: How Judges Think Richard A. Posner, 2010-05-01 A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court. |
| fairness of the law: Administrative Law Mark Elliott, Jason N. E. Varuhas, 2017 Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. The result is a fascinating account of a subject of crucial importance. Online Resource Centre The book is supported by online an Online Resource Centre, offering the following useful resources: -Updates which cover all the legal developments since publication -'Oxford NewsNow' RSS feeds provide constantly refreshed links to the latest relevant new stories -Interactive timeline of key dates in British political history -Annotated web links |
| fairness of the law: A Theory of Justice John RAWLS, 2009-06-30 Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work. |
| fairness of the law: In Fairness to Future Generations Edith Brown Weiss, 1988 In this book Professor Weiss combines thorough research and careful analysis with imaginative solutions and a moral fervour, to show how rules of international law can be applied in an intertemporal dimension, and how the basic principles of the intergenerational equity can be developed to provide new standards for human behaviour. She manages to communicate to the reader not only that the situation is getting desperate but also that human intelligence can in time devise adequate remedies, without destroying completely our way of life. |
| fairness of the law: Fairness and Justice in Natural Resource Politics Melanie Pichler, Cornelia Staritz, Karin Küblböck, Christina Plank, Werner Raza, Fernando Ruiz Peyré, 2016-08-05 As demand for natural resources increases due to the rise in world population and living standards, conflicts over their access and control are becoming more prevalent. This book critically assesses different approaches to and conceptualizations of resource fairness and justice and applies them to the analysis of resource conflicts. Approaches addressed include cosmopolitan liberalism, political economy and political ecology. These are applied at various scales (local, national, international) and to initiatives and instruments in public and private resource governance, such as corporate social responsibility instruments, certification schemes, international law and commodity markets. In doing so, the contributions contrast existing approaches to fairness and justice and extend them by taking into account the interplay between political scales, regions, resources, and power structures in glocalized resource politics. Various case studies are included concerning agriculture, agrofuels, land grabbing, water resources, mining and biodiversity. The volume adds to the academic and policy debate by bringing together a variety of disciplines and perspectives in order to advance both a research and policy agenda that puts notions of resource fairness and justice center-stage. |
| fairness of the law: Justice in Transactions Peter Benson, 2019-12-17 “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society. |
| fairness of the law: Trust in the Law Tom R. Tyler, Yuen J. Huo, 2002-10-10 Public opinion polls suggest that American's trust in the police and courts is declining. The same polls also reveal a disturbing racial divide, with minorities expressing greater levels of distrust than whites. Practices such as racial profiling, zero-tolerance and three-strikes laws, the use of excessive force, and harsh punishments for minor drug crimes all contribute to perceptions of injustice. In Trust in the Law, psychologists Tom R. Tyler and Yuen J. Huo present a compelling argument that effective law enforcement requires the active engagement and participation of the communities it serves, and argue for a cooperative approach to law enforcement that appeals to people's sense of fair play, even if the outcomes are not always those with which they agree. Based on a wide-ranging survey of citizens who had recent contact with the police or courts in Oakland and Los Angeles, Trust in the Law examines the sources of people's favorable and unfavorable reactions to their encounters with legal authorities. Tyler and Huo address the issue from a variety of angles: the psychology of decision acceptance, the importance of individual personal experiences, and the role of ethnic group identification. They find that people react primarily to whether or not they are treated with dignity and respect, and the degree to which they feel they have been treated fairly helps to shape their acceptance of the legal process. Their findings show significantly less willingness on the part of minority group members who feel they have been treated unfairly to trust the motives to subsequent legal decisions of law enforcement authorities. Since most people in the study generalize from their personal experiences with individual police officers and judges, Tyler and Huo suggest that gaining maximum cooperation and consent of the public depends upon fair and transparent decision-making and treatment on the part of law enforcement officers. Tyler and Huo conclude that the best way to encourage compliance with the law is for legal authorities to implement programs that foster a sense of personal involvement and responsibility. For example, community policing programs, in which the local population is actively engaged in monitoring its own neighborhood, have been shown to be an effective tool in improving police-community relationships. Cooperation between legal authorities and community members is a much discussed but often elusive goal. Trust in the Law shows that legal authorities can behave in ways that encourage the voluntary acceptance of their directives, while also building trust and confidence in the overall legitimacy of the police and courts. A Volume in the Russell Sage Foundation Series on Trust |
| fairness of the law: Philosophy of Law: A Very Short Introduction Raymond Wacks, 2014-02-27 The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. |
| fairness of the law: United States Code United States, 1989 |
| fairness of the law: Procedural Fairness in International Courts and Tribunals Arman Sarvarian, Rudy Baker, Filippo Fontanelli, Vassilis Tsevelekos, 2015 Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law] |
| fairness of the law: Justice, Legitimacy, and Self-Determination Allen Buchanan, 2003-08-21 This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,' human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan |
| fairness of the law: Unfair Adam Benforado, 2015 A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law. |
| fairness of the law: Free Market Fairness John Tomasi, 2012-02-26 A provocative new vision of free market capitalism that achieves liberal ends by libertarian means Can libertarians care about social justice? In Free Market Fairness, John Tomasi argues that they can and should. Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a market democratic conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style. Provocative and vigorously argued, Free Market Fairness offers a bold new way of thinking about politics, economics, and justice—one that will challenge readers on both the left and right. |
| fairness of the law: Equity and Fairness in Islam Mohammad Hashim Kamali, 2005 This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur'an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law. |
| fairness of the law: Introduction to the Law of Corporations Brian Jm Quinn, 2020-12-02 This open-source casebook is the seventh edition of a casebook using the H2O/OpenCasebook platform of Harvard's Berkman Center. This casebook is intended to be used as the main casebook for an introductory course on the law of corporations. Because is subject to a Creative Commons license and can be printed via Amazon Direct Publishing, it is available to students at a very modest cost. Alternatively, students can read and access the cases and materials online via the H2O platform at opencasebook.org at no cost. This casebook and the H2O/OpenCasebook platform are part of an effort by educators to make high quality course materials and casebooks available to students at reasonable prices. |
FAIRNESS Definition & Meaning - Merriam-Webster
The meaning of FAIRNESS is the quality or state of being fair; especially : fair or impartial treatment : lack of favoritism toward one side or another. How to use fairness in a sentence.
FAIRNESS Definition & Meaning | Dictionary.com
Fairness definition: the state, condition, or quality of being fair, or free from bias or injustice; evenhandedness.. See examples of FAIRNESS used in a sentence.
FAIRNESS | English meaning - Cambridge Dictionary
FAIRNESS definition: 1. the quality of treating people equally or in a way that is right or reasonable: 2. considering…. Learn more.
Fairness - definition of fairness by The Free Dictionary
fairness - conformity with rules or standards; "the judge recognized the fairness of my claim"
277 Synonyms & Antonyms for FAIRNESS - Thesaurus.com
Find 277 different ways to say FAIRNESS, along with antonyms, related words, and example sentences at Thesaurus.com.
fairness noun - Definition, pictures, pronunciation and usage …
Definition of fairness noun from the Oxford Advanced Learner's Dictionary. the quality of treating people equally or in a way that is reasonable. The fairness of the judicial system is being …
What does Fairness mean? - Definitions.net
Apr 5, 2015 · Fairness is the quality of treating all people equally, without bias or discrimination, and making decisions or judgments in an impartial, unbiased manner. It involves respecting …
Fairness - Wikipedia
Fairness or being fair can refer to: Justice: in particular, impartiality, objectivity, and decisions based on merit; The character in the award-nominated musical comedy A Theory of Justice: …
Fairness: What Does it Really Mean? - JCFS
A working definition of fairness and clear steps to achieve fairness will foster our children’s growth – so this article will focus on how to define fairness, conceive of ownership, distinguish “nice” …
It's Not Fair! But What Is Fairness? - Psychology Today
May 11, 2012 · Fairness means keeping what you deserve and deserving nothing if it isn’t earned. The hardest working, most diligent, smartest, and most talented should have more because of …
FAIRNESS Definition & Meaning - Merriam-Webster
The meaning of FAIRNESS is the quality or state of being fair; especially : fair or impartial treatment : lack of favoritism toward one side or another. How to use fairness in a sentence.
FAIRNESS Definition & Meaning | Dictionary.com
Fairness definition: the state, condition, or quality of being fair, or free from bias or injustice; evenhandedness.. See examples of FAIRNESS used in a sentence.
FAIRNESS | English meaning - Cambridge Dictionary
FAIRNESS definition: 1. the quality of treating people equally or in a way that is right or reasonable: 2. considering…. Learn more.
Fairness - definition of fairness by The Free Dictionary
fairness - conformity with rules or standards; "the judge recognized the fairness of my claim"
277 Synonyms & Antonyms for FAIRNESS - Thesaurus.com
Find 277 different ways to say FAIRNESS, along with antonyms, related words, and example sentences at Thesaurus.com.
fairness noun - Definition, pictures, pronunciation and usage …
Definition of fairness noun from the Oxford Advanced Learner's Dictionary. the quality of treating people equally or in a way that is reasonable. The fairness of the judicial system is being …
What does Fairness mean? - Definitions.net
Apr 5, 2015 · Fairness is the quality of treating all people equally, without bias or discrimination, and making decisions or judgments in an impartial, unbiased manner. It involves respecting …
Fairness - Wikipedia
Fairness or being fair can refer to: Justice: in particular, impartiality, objectivity, and decisions based on merit; The character in the award-nominated musical comedy A Theory of Justice: …
Fairness: What Does it Really Mean? - JCFS
A working definition of fairness and clear steps to achieve fairness will foster our children’s growth – so this article will focus on how to define fairness, conceive of ownership, distinguish “nice” …
It's Not Fair! But What Is Fairness? - Psychology Today
May 11, 2012 · Fairness means keeping what you deserve and deserving nothing if it isn’t earned. The hardest working, most diligent, smartest, and most talented should have more because of …
