Before the Law / Vor dem Gesetz

Before the Law / Vor dem Gesetz

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  • Author: Franz Kafka
  • Publisher: BoD E-Short
  • ISBN: 3734758505
  • Category : Fiction
  • Languages : de
  • Pages : 7

This edition contains the English translation and the original text in German. "Before the Law" (German: "Vor dem Gesetz") is a parable contained in the novel "The Trial" (German: "Der Prozess"), by Franz Kafka. "Before the Law" was published in Kafka's lifetime, first in the New Year's edition 1915 of the independent Jewish weekly "Selbstwehr", then in 1919 as part of the collection "Ein Landarzt" ("A Country Doctor"). "The Trial", however, was not published until 1925, after Kafka's death. "Vor dem Gesetz" ist ein 1915 veröffentlichter Prosatext Franz Kafkas, der auch als Türhüterlegende oder Türhüterparabel bekannt ist. Die Handlung besteht darin, dass ein "Mann vom Land" vergeblich versucht, den Eintritt in das Gesetz zu erlangen, das von einem Türhüter bewacht wird.


Justice before the Law

Justice before the Law

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  • Author: Michael Huemer
  • Publisher: Springer Nature
  • ISBN: 3030675432
  • Category : Philosophy
  • Languages : en
  • Pages : 375

America’s legal system harbors serious, widespread injustices. Many defendants are sent to prison for nonviolent offenses, including many victimless crimes. Convicts often serve draconian sentences in crowded prisons rife with abuse. Almost all defendants are convicted without trial because prosecutors threaten defendants with drastically higher sentences if they request a trial. Most Americans are terrified of encountering any kind of legal trouble, knowing that both civil and criminal courts are extremely slow, unreliable, and expensive to use. This book explores the largest injustices in the legal system and what can be done about them. Besides proposing institutional reforms, the author argues that prosecutors, judges, lawyers, and jury members ought to place justice before the law – for example, by refusing to enforce unjust laws or impose unjust sentences. Issues addressed include: · The philosophical basis for judgments about rights and justice · The problems of overcriminalization and mass incarceration · Abuse of power by police and prosecutors · The injustice of plea bargaining · The appropriateness of jury nullification · The authority of the law, or the lack thereof Justice Before the Law is essential reading for everyone interested in legal ethics, the rule of law, and criminal justice. It is also ideal for students of legal philosophy.


Before the Law

Before the Law

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  • Author:
  • Publisher:
  • ISBN:
  • Category : Law
  • Languages : en
  • Pages : 412


Our Lives Before the Law

Our Lives Before the Law

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  • Author: Judith A. Baer
  • Publisher: Princeton University Press
  • ISBN: 1400823331
  • Category : Law
  • Languages : en
  • Pages : 295

According to Judith Baer, feminist legal scholarship today does not effectively address the harsh realities of women's lives. Feminists have marginalized themselves, she argues, by withdrawing from mainstream intellectual discourse. In Our Lives Before the Law, Baer thus presents the framework for a new feminist jurisprudence--one that would return feminism to relevance by connecting it in fresh and creative ways with liberalism. Baer starts from the traditional feminist premise that the legal system has a male bias and must do more to help women combat violence and overcome political, economic, and social disadvantages. She argues, however, that feminist scholarship has over-corrected for this bias. By emphasizing the ways in which the system fails women, feminists have lost sight of how it can be used to promote women's interests and have made it easy for conventional scholars to ignore legitimate feminist concerns. In particular, feminists have wrongly linked the genuine flaws of conventional legal theory to its basis in liberalism, arguing that liberalism focuses too heavily on individual freedom and not enough on individual responsibility. In fact, Baer contends, liberalism rests on a presumption of personal responsibility and can be used as a powerful intellectual foundation for holding men and male institutions more accountable for their actions. The traditional feminist approach, Baer writes, has led to endless debates about such abstract matters as character differences between men and women, and has failed to deal sufficiently with concrete problems with the legal system. She thus constructs a new feminist interpretation of three central components of conventional theory--equality, rights, and responsibility--through analysis of such pressing legal issues as constitutional interpretation, reproductive choice, and fetal protection. Baer concludes by presenting the outline of what she calls "feminist post-liberalism": an approach to jurisprudence that not only values individual freedoms but also recognizes our responsibility for addressing individuals' needs, however different those may be for men and women. Powerfully and passionately written, Our Lives Before the Law will have a major impact on the future course of feminist legal scholarship.


Migrants Before the Law

Migrants Before the Law

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  • Author: Tobias G. Eule
  • Publisher: Springer
  • ISBN: 3319987496
  • Category : Political Science
  • Languages : en
  • Pages : 273

This book traces the practices of migration control and its contestation in the European migration regime in times of intense politicization. The collaboratively written work brings together the perspectives of state agents, NGOs, migrants with precarious legal status, and their support networks, collected through multi-sited fieldwork in eight European states: Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland. The book provides knowledge of how European migration law is implemented, used, and challenged by different actors, and of how it lends and constrains power over migrants’ journeys and prospects. An ethnography of law in action, the book contributes to socio-legal scholarship on migration control at the margins of the state. “This book is a major achievement. A remarkable and insightful study that through close analysis of the practices of migration control in 8 European countries (Austria, Denmark, Germany, Italy, Latvia, Lithuania, Sweden and Switzerland) provides powerful new insight into the power of the state at its margins and over those that are marginalised.” - Andrew Geddes, Director, Migration Policy Centre, European University Institute “Migrants Before the Law provides a much-needed account of the dizzying legal labyrinth that migrants navigate as they seek to survive in Europe. Based on multi-sited ethnography in detention centres, migration offices, police stations, and non-governmental organizations as well as on interviews with key government actors, advocates, and migrants themselves, this book explores the systems of control and forms of migrant precarity that operate along Europe’s internal borders, in multiple national and transnational contexts. Readers will come away with a deepened understanding of the perverse workings of power, the ways that the uncertainty and unpredictability of law foster both despair and hope, the degree to which the immigration “crisis” is both manufactured and experienced as real, and the ingenuity of migrants themselves in the face of Kafkaesque state practices.” - Susan Bibler Coutin, Professor of Criminology, Law and Society and Anthropology, University of California, Irvine, USA “Migrants Before the Law is an excellent exposition of the dispersed sites of the law and the hinges and junctions through which this apparatus is actualized in the lives of migrants facing deportation, contesting their status as illegal migrants or seeking to regularize their precarious position. Written with great sensitivity and an eye to minute details this book is also an achievement in furthering the method of collaborative ethnography and new ways of staging comparisons.” - Veena Das, Krieger-Eisenhower Professor of Anthropology, Johns Hopkins University, USA


Ruling Before the Law

Ruling Before the Law

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  • Author: William Hurst
  • Publisher: Cambridge University Press
  • ISBN: 1108427200
  • Category : Law
  • Languages : en
  • Pages : 321

Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.


Women Before the Bar

Women Before the Bar

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  • Author: Cornelia Hughes Dayton
  • Publisher: UNC Press Books
  • ISBN: 0807838241
  • Category : History
  • Languages : en
  • Pages : 401

Women before the Bar is the first study to investigate changing patterns of women's participation in early American courts across a broad range of legal actions--including proceedings related to debt, divorce, illicit sex, rape, and slander. Weaving the stories of individual women together with systematic analysis of gendered litigation patterns, Cornelia Dayton argues that women's relation to the courtroom scene in early New England shifted from one of integration in the mid-seventeenth century to one of marginality by the eve of the Revolution. Using the court records of New Haven, which originally had the most Puritan-dominated legal regime of all the colonies, Dayton argues that Puritanism's insistence on godly behavior and communal modes of disputing initially created unusual opportunities for women's voices to be heard within the legal system. But women's presence in the courts declined significantly over time as Puritan beliefs lost their status as the organizing principles of society, as legal practice began to adhere more closely to English patriarchal models, as the economy became commercialized, and as middle-class families developed an ethic of privacy. By demonstrating that the early eighteenth century was a crucial locus of change in law, economy, and gender ideology, Dayton's findings argue for a reconceptualization of women's status in colonial New England and for a new periodization of women's history.


Before the Law

Before the Law

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  • Author: Cary Wolfe
  • Publisher: University of Chicago Press
  • ISBN: 0226922405
  • Category : Education
  • Languages : en
  • Pages : 153

Animal studies and biopolitics are two of the most dynamic areas of interdisciplinary scholarship, but until now, they have had little to say to each other. Bringing these two emergent areas of thought into direct conversation in Before the Law, Cary Wolfe fosters a new discussion about the status of nonhuman animals and the shared plight of humans and animals under biopolitics. Wolfe argues that the human-animal distinction must be supplemented with the central distinction of biopolitics: the difference between those animals that are members of a community and those that are deemed killable but not murderable. From this understanding, we can begin to make sense of the fact that this distinction prevails within both the human and animal domains and address such difficult issues as why we afford some animals unprecedented levels of care and recognition while subjecting others to unparalleled forms of brutality and exploitation. Engaging with many major figures in biopolitical thought—from Heidegger, Arendt, and Foucault to Agamben, Esposito, and Derrida—Wolfe explores how biopolitics can help us understand both the ethical and political dimensions of the current questions surrounding the rights of animals.


Before They Are Hanged

Before They Are Hanged

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  • Author: Joe Abercrombie
  • Publisher: Orbit
  • ISBN: 0316387347
  • Category : Fiction
  • Languages : en
  • Pages : 594

The second novel in the wildly popular First Law Trilogy from New York Times bestseller Joe Abercrombie. Superior Glokta has a problem. How do you defend a city surrounded by enemies and riddled with traitors, when your allies can by no means be trusted, and your predecessor vanished without a trace? It's enough to make a torturer want to run -- if he could even walk without a stick. Northmen have spilled over the border of Angland and are spreading fire and death across the frozen country. Crown Prince Ladisla is poised to drive them back and win undying glory. There is only one problem -- he commands the worst-armed, worst-trained, worst-led army in the world. And Bayaz, the First of the Magi, is leading a party of bold adventurers on a perilous mission through the ruins of the past. The most hated woman in the South, the most feared man in the North, and the most selfish boy in the Union make a strange alliance, but a deadly one. They might even stand a chance of saving mankind from the Eaters -- if they didn't hate each other quite so much. Ancient secrets will be uncovered. Bloody battles will be won and lost. Bitter enemies will be forgiven -- but not before they are hanged. First Law Trilogy The Blade Itself Before They Are Hanged Last Argument of Kings For more from Joe Abercrombie, check out: Novels in the First Law world Best Served Cold The Heroes Red Country


Indigeneity: Before and Beyond the Law

Indigeneity: Before and Beyond the Law

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  • Author: Kathleen Birrell
  • Publisher: Routledge
  • ISBN: 1317644816
  • Category : Law
  • Languages : en
  • Pages : 269

Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.