Saturday, 25th February 2017

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A Fresh Paradigm for Justice

 

The 3rd Alternative: Solving Life's Most Difficult Problems by Covey. Stephen R. ( 2011 ) Hardcover- by Stephen R. Covey

The World Justice Project's Rule of Law Index 2014, indicates that there has been a significant decline in criminal justice worldwide: 20 countries showed a significant decline in their score over last year, while none of the 99 countries in the Index demonstrated significant improvement. Despite the best of intentions, copious amounts of money and, seemingly, the best advice available, top-down, technocratic rule of law building by prominent players in the field has seldom produced stable democracy, long-term economic growth and the rule of law. Dr. Covey's book presents a new, practical, effective and eye-opening way to arrive at solutions through using the 'Third Alternative'. The Third Alternative moves beyond the adversarial to a higher and better way. The chapter titled 'The 3rd Alternative and the Law', in particular, offers a fresh paradigm with the potential to transform the approach of the rule-of-law industry and 'the law' in general, in furtherance of justice, as well as constructive and peaceful societies.

 

Global Anarchy - its underpinnings

 

The Shadow World: Inside the Global Arms Trade - by Andrew Feinstein

'Essential reading for anyone who cares about justice, transparency and accountability in both the public and private spheres, and for anyone who believes that it is more important to invest in saving lives than in the machinery of death' Archbishop Desmond Tutu

'Andrew Feinstein has written an authoritative guide to the business of war. Chilling, heartbreaking and enraging' Arundhati Roy

'The nobility and justice of Feinstein's sentiments are indisputable. The arms trade is a loathsome commerce conducted by people who wear suits and occupy big boardroom tables, but should have trouble sleeping at night' Max Hastings, Sunday Times

Regimes of Narcissism, Regimes of Despair - by Ashis Nandy

In this book Nandy describes the new India, with its political culture of narcissism and despair. Through personalities such as Gandhi and Tagore, Savarkar, and Madanlal Pahwa, Nandy explores a series of crucial issues - cultural psychology, terror and counter-terror, humiliation and human degradation, happiness, and modernity and the sense of loss - that African, Asian and South American societies have to negotiate. The essays open up the future for the next generation of intellectuals and political activists in not only India, but in other post-colonial societies too. 

Legal System Dysfunction

 

Corruption and the Justice Sector, 2003 - by Mary Noel Pepys. 

Mary Noel Pepys is a senior attorney with a specialisation in the rule of law, specifically international legal and judicial reform, and most recently corruption within the judiciary. With years of legal experience in the judicial, legislative, diplomatic and private sectors, Ms. Pepys has lived and worked abroad within former communist countries, the Middle East, Asia, and Western Europe. With her knowledge of common law and civil law principles, Ms. Pepys has developed, managed and implemented legal and judicial reform projects promoting transparent and fair justice systems in over thirty countries. Mary Pepys has worked with U.S. Department of State, U.S. Agency for International Development, The World Bank, United Nations Development Programme, U.S. and foreign embassies, numerous international organisations, and diverse foreign NGOs to provide legal and technical assistance to national governments, judiciary, bar and law faculties. Pepys International, 2222 Leavenworth Street, San Francisco, California 94133-2239 

Judicial Corruption in Developing Countries: Causes and Economic Consequences (Essays in Public Policy) - 2001, prepared by Edgardo Buscaglia,

Edgardo Buscaglia, Ph. D, Crime Research Expert, Global Programme against Corruption (GPAC), Centre for International Crime Prevention, Office for Drug Control and Crime Prevention, United Nations Office at Vienna. Dr. Buscaglia is the Director of the International Law and Economic Development Center, University of Virginia School of Law and Fellow, Stanford University, Hoover Institution, He has written extensively on the economic impact of legal reforms in developing countries.

Global Corruption Report 2007: Corruption in Judicial Systems (Transparency International Global Corruption Reports)

The report brings together scholars, legal professionals and civil society activists from around the world to examine how, why and where corruption mars judicial processes, and to reflect on remedies for corruption-tainted systems. It focuses on judges and courts, situating them within the broader justice system and exploring the impact of judicial corruption on human rights, economic development and governance.

Confronting Corruption - The Elements of a National Integrity System, 2000 - by Jeremy Pope

This handbook is designed to improve the quality and depth of reporting on the abuses of power and resources. It provides users with practical tools like research strategies, lists of anti-corruption resources, reviews of successful anti-corruption investigations, and "good governance" benchmarks. The book contains a formula for determining the real costs of corruption in public administration and an assessment of the loss of investment, the socio-economic costs of poverty and the consequences of violence and ethnic conflict, and economic collapse. It also attempts to provide frameworks for systematic analysis of institutional weaknesses that cause corruption.

Fighting Corruption in Developing Countries: Strategies and Analysis - by Bertram I. Spector

Corruption is a worldwide phenomenon, but especially plagues developing countries and those in democratic transition. This timely collection presents a sector-by-sector analysis of the problems that stunt economic growth, distort governance, limit civic and democratic participation, and infuriate the populace. In stark contrast to standard holistic studies of corruption, Fighting Corruption in Developing Countries argues that examining the issue through the lens of nine key development sectors - education, agriculture, energy, environment, health, justice, private business, political parties and public finance - will help us to understand the problem realistically and identify concrete initiatives that are likely to have an impact. The book concludes with practical and policy-oriented suggestions for corruption control that minimize the risk of "recorrupting" forces that often threaten to reverse gains. Students, researchers, and practitioners interested in implementing effective and realistic solutions to fighting corruption will find this book essential reading.

The Rule of Law and Justice

 

The Locust Effect: Why the End of Poverty Requires the End of Violence  - by Gary A. Haugen

This is a book that everyone involved in the law - from student, through lawyer to rule-of-law practitioner -  should be obliged to read as the foundation text for their studies and their work. Legal systems are mostly dysfunctional constructs that more often than not make the danger of being poor worse than it already is. Often, instead of offering an antidote to violence, they actually contribute to it, thus making the lot of the poor even worse. Most books on reform of justice systems are filled with long-winded, theoretical cogitations about how those systems can be made to advance justice by means of well-funded, top-down, technocratic methods from on high, that are so utterly misconceived and remote from reality they achieve virtually nothing in the field. Gary Haugen's book is anything but that. It presents us with the stark reality of the poor who everyday risk rape, enslavement, being trafficked, robbed, or even murdered. It is empathetic in its concern for how this blights, mars, traumatises and retards the lives of the poor; idealistic in its goal of changing this; but one hundred percent down to earth and practical about how to achieve it. If you read only one book about justice this year, read this one.

The International Rule of Law Movement: A Crisis of Legitimacy and the Way Forward (Human Rights Programme Series) - edited by David Marshall

To some, the "Rule of Law" has become nothing more than empty rhetoric of individual Western states and intergovernmental bodies such as the UN, The World Bank, and the EU. In addition to conceptual uncertainty and perceived hidden agendas, there is mounting scepticism, particularly among donors, regarding rule of law promotion and its effectiveness in fragile states. The International Rule of Law Movement critically evaluates rule of law initiatives from a contemporary global perspective. It seeks to fill the gap in knowledge among actors and to explain what has and has not been effective and why. It also proposes better models for promoting justice and the rule of law in fragile states. 

Justice: A Reader - by Michael Sandel

Justice brings together in one indispensable volume essential readings on justice and moral reasoning. With readings from major thinkers from the classical era up to the present, the collection provides a thematic overview of the concept of justice. Moreover, Sandel's organization of the readings and his own commentaries allow readers to engage with a variety of pressing contemporary issues. Looking at a host of ethical dilemmas, including affirmative action, conscription, income distribution, and gay rights, from a variety of angles—morally, legally, politically—the collection engages with the core concerns of political philosophy: individual rights and the claims of community, equality and inequality, morality and law, and ultimately, justice. With concise section introductions that put the readings in context, this anthology is an invaluable tool for students, teachers, and anyone who wishes to engage in the great moral debates that have animated politics from classical times to our own.

Justice: What's the Right Thing to Do? - by Michael J. Sandel

Michael Sandel's Justice: What's the Right Thing to Do? invites readers of all ages and political persuasions on a journey of moral reflection, and shows how reasoned debate can illuminate our lives.

'One of the most popular teachers in the world'  
Observer

'Enormously refreshing ... Michael Sandel transforms moral philosophy by putting it at the heart of civic debate' 
New Statesman

'One of the world's most interesting political philosophers' 
Guardian

The Rule of Law - by Tom Bingham

'The Rule of Law' is a phrase much used, but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of?

In this short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation.

Understanding Jurisprudence: An Introduction to Legal Theory - by Raymond Wacks

Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. Professor Wacks is an experienced teacher of jurisprudence and excels in a providing a concise, student-friendly introduction to the subject, while not avoiding the subtleties of this fascinating area of study. An extensive Online Resource Centre also accompanies this text: www.oxfordtextbooks.co.uk/orc/wacks3e/ 

Advancing Legal Fairness

 

Amnesty International Fair Trial Manual - published by Amnesty International

The manual is essential reading for anyone having to battle against injustice. It provides practical guidance on which corners prosecutors must never try to cut. It can also help to expose politically motivated show trials for what they really are.

Reforming Justice: A Journey to Fairness in Asia - by Dr. Livingston Armytage 

This is book is an academic, doctoral thesis. The book is comprehensive, wide-ranging, cogently compiled, nuanced and clearly based on very thorough research and experience. Dr. Livingston Armytage is, after all, Director of the Centre for Judicial Studies, and has decades of experience in consulting and directing judicial education programmes and legal training within the rule-of-law industry. The book does provide a thorough overview of the rule-of-law industry and its serious failings. Unfortunately, the book is rather dry, however, it is likely to contribute greatly to determining how best to achieve fairness in Asia.

The book's main thrust is that the rule of law is central to development; but that judicial reform needs to be more humanistic, with its focus on fairness and equity rather than economic growth and good governance. Armytage rightly points out that justifications for judicial reform appear to change like fashion, which makes arriving at correct methods and assessing results on the ground, as opposed to outputs, rather difficult. This amorphousness – an all too convenient feature of the aid industry as a whole - is exacerbated by intuitive ideology in place of empiricism determining reform methods, and techniques of doubtful validity being used to measure results.

 

Reforming Justice

reforming justice

by Livingston Armytage

The rule-of-law industry appears not to know how to get to where it might want to go, nor where it is going, and so cannot tell whether it has arrived.

“Despite massive ongoing investment in both judicial reform and evaluative endeavours, we remain unable to demonstrate success.”

"Deep down we do not know what we are doing," admits a practitioner. Livingston Armytage proposes a paradigm shift.

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Universal Declaration of Human Rights, Article 10: "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

 

 

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