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Aborto e Igualdade no Brasil propõe uma argumentação jurídico-dogmática pela legalização do aborto, com base no princípio da igualdade. O desenvolvimento do argumento – inspirado na Teoria Feminista do Estado da autora norte-americana Catharine MacKinnon - passa por uma análise do contexto brasileiro, de maneira atenta à jurisprudência e ao direito positivo, mas também às dinâmicas de subordinação de gênero, interseccionada com outros marcadores sociais, como raça e classe, tais quais experienciadas por mulheres na vida real. O produto é a apresentação do argumento brasileiro pró-legalização do aborto na chave da igualdade na forma de uma Amica Curiae Radical. Trata-se de método inovador e imaginativo, atualmente consolidado no campo das teorias críticas do direito, como a teoria feminista e a teoria crítica racial.
Originally issued in 1954 and updated in 1961 and 1987, this pioneering study of "small group" conflict and cooperation has long been out-of-print. It is now available, in cloth and paper, with a new introduction by Donald Campbell, and a new postscript by O.J. Harvey. In this famous experiment, one of the earliest in inter-group relationships, two dozen twelve-year-old boys in summer camp were formed into two groups, the Rattlers and the Eagles, and induced first to become militantly ethnocentric, then intensely cooperative. Friction and stereotyping were stimulated by a tug-of-war, by frustrations perceived to be caused by the "out" group, and by separation from the others. Harmony was sti...
After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
Criminal law efficiency is a concept often referred to but seldom defined. Clarity, the author argues, is necessary for finding practical solutions to fundamental challenges in this area of law, especially with the criminal justice system itself at risk. Tina Søreide offers views in contrast to mainstream ideas on optimal criminal law responses to corruption, with emphasis on the fundamental role of the criminal justice system in the fight against corruption, and the effect this can have on other mechanisms in society. Her analysis explains the concept of criminal law efficiency through economic approaches and why many criminal law responses to corruption are at risk of becoming ‘façade strategies’ that may, in fact facilitate corruption. Corruption and Criminal Justice offers insights into the obstacles that policymakers and government advisors cannot ignore. It serves as an invaluable resource for advanced students and academics interested in law, economics, and large corporations.
This text articulates approaches to gender in the design and implementation of reparations for victims of human rights violations.
This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investiga...
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.