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Justice and the Politics of Difference (Princeton Classics Ser. #122)
by Iris Marion YoungIn this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. The starting point for her critique is the experience and concerns of the new social movements about decision making, cultural expression, and division of labor--that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. Danielle Allen's new foreword contextualizes Young's work and explains how debates surrounding social justice have changed since--and been transformed by--the original publication of Justice and the Politics of Difference.
Justice and the Politics of Difference
by Iris Marion Young Danielle S. AllenIn this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. The starting point for her critique is the experience and concerns of the new social movements about decision making, cultural expression, and division of labor--that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. Danielle Allen's new foreword contextualizes Young's work and explains how debates surrounding social justice have changed since--and been transformed by--the original publication of Justice and the Politics of Difference.
Justice and the Politics of Difference
by Iris Marion Young Danielle S. AllenIn this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. It critically analyzes basic concepts underlying most theories of justice, including impartiality, formal equality, and the unitary moral subjectivity. The starting point for her critique is the experience and concerns of the new social movements about decision making, cultural expression, and division of labor--that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Iris Young defines concepts of domination and oppression to cover issues eluding the distributive model. Democratic theorists, according to Young do not adequately address the problem of an inclusive participatory framework. By assuming a homogeneous public, they fail to consider institutional arrangements for including people not culturally identified with white European male norms of reason and respectability. Young urges that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group difference. Basing her vision of the good society on the differentiated, culturally plural network of contemporary urban life, she argues for a principle of group representation in democratic publics and for group-differentiated policies. Danielle Allen's new foreword contextualizes Young's work and explains how debates surrounding social justice have changed since--and been transformed by--the original publication of Justice and the Politics of Difference.
Justice and the Politics of Memory (Religion And Public Life Ser.)
by Gabriel R. RicciMemory is not a mere repository for past events. This was Henri Bergson's fundamental claim about consciousness. In distinguishing our psychic constitution by its sense of the past, Bergson differentiates our perception of time from a process in which one instant merely replaces another. While Bergson cast his ideas in terms of the biological sciences, his analysis did not neglect the moral impulse that accompanies the condensation of history with which we continuously live. Classifying human existence in this way bears on ethical and political questions. How such questions can plague the memory of a people and the entire human community is addressed in Justice and the Politics of Memory. The contributors explore the manner in which cultural and psychic violation undermine collective identity, and destroy traditions. They raise troubling questions on how recompense and reconciliation is possible after abominable wrongs have been systematically perpetrated against a community. Faced with the burden of memory, those committed to the righting of wrongs are faced with pursuing an elusive justice that sometimes includes levying reparations and memorializing horrific historical episodes. Guided by the muse of forgiveness, restoration and a more harmonious future are likely to be rooted in the sources of spirituality that had been previously eclipsed by the conquering and homogenizing historical processes. This volume includes Heribert Adam's "Collective Reckoning with a Criminal Regime," Jeffrey Olick's "Lessons from and for Germany," James Hatley's "Levinas, Witness and Politics," James E. Young's "Germany's Holocaust Memorial Problem--and Mine," Tim Giago's "Killing the Indian to Save the Child: The Near Death of Spirituality," Jordan B. Peterson's and Maja Djikic's "Running Ahead: You Can Neither Remember Nor Forget What You Do Not Understand," Derick Wilson's "Where Religion Confuses yet Faith Gives Hope: Conflict Resolution in Northern Ireland," and Leonard Kaplan's "Justice Perfected: Cinematic Exemplifications," and an introduction, "Morality and Memory," by the editor.
Justice and the Politics of Memory (Religion And Public Life Ser. #Vol. 33)
by Gabriel R. RicciMemory is not a mere repository for past events. This was Henri Bergson's fundamental claim about consciousness. In distinguishing our psychic constitution by its sense of the past, Bergson differentiates our perception of time from a process in which one instant merely replaces another. While Bergson cast his ideas in terms of the biological sciences, his analysis did not neglect the moral impulse that accompanies the condensation of history with which we continuously live. Classifying human existence in this way bears on ethical and political questions. How such questions can plague the memory of a people and the entire human community is addressed in Justice and the Politics of Memory. The contributors explore the manner in which cultural and psychic violation undermine collective identity, and destroy traditions. They raise troubling questions on how recompense and reconciliation is possible after abominable wrongs have been systematically perpetrated against a community. Faced with the burden of memory, those committed to the righting of wrongs are faced with pursuing an elusive justice that sometimes includes levying reparations and memorializing horrific historical episodes. Guided by the muse of forgiveness, restoration and a more harmonious future are likely to be rooted in the sources of spirituality that had been previously eclipsed by the conquering and homogenizing historical processes. This volume includes Heribert Adam's "Collective Reckoning with a Criminal Regime," Jeffrey Olick's "Lessons from and for Germany," James Hatley's "Levinas, Witness and Politics," James E. Young's "Germany's Holocaust Memorial Problem--and Mine," Tim Giago's "Killing the Indian to Save the Child: The Near Death of Spirituality," Jordan B. Peterson's and Maja Djikic's "Running Ahead: You Can Neither Remember Nor Forget What You Do Not Understand," Derick Wilson's "Where Religion Confuses yet Faith Gives Hope: Conflict Resolution in Northern Ireland," and Leonard Kaplan's "Justice Perfected: Cinematic Exemplifications," and an introduction, "Morality and Memory," by the editor.
Justice and the Slaughter Bench: Essays on Law's Broken Dialectic
by Alan NorrieIn this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Justice and the Slaughter Bench: Essays on Law's Broken Dialectic
by Alan NorrieIn this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Justice and the Social Contract: Essays on Rawlsian Political Philosophy
by Samuel FreemanSamuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.
Justice and World Order: A Philosophical Inquiry
by Janna ThompsonThe political changes of recent years and the problems of poverty, the environment and nationalism have led to calls for the establishment of a just world order. But what would such a world be like? This book considers the concept of international justice as it has developed in traditional political theory from Hobbes to Marx and in contemporary writing on the subject. It develops a theory of international justice designed to take account of both individual freedom and the differences among communities.
Justice and World Order: A Philosophical Inquiry
by Janna ThompsonThe political changes of recent years and the problems of poverty, the environment and nationalism have led to calls for the establishment of a just world order. But what would such a world be like? This book considers the concept of international justice as it has developed in traditional political theory from Hobbes to Marx and in contemporary writing on the subject. It develops a theory of international justice designed to take account of both individual freedom and the differences among communities.
Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life
by Richard DawsonThe meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.
Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life
by Richard DawsonThe meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.
Justice as Fairness: A Restatement (PDF)
by John RawlsThis 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.
Justice as Fairness: A Restatement (Reprints In Philosophy Ser.)
by John RawlsThis 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.
Justice as Welfare: Equity and Solidarity
by Adam GeareyJustice as Welfare provides an egalitarian account of distributive justice by rethinking notions of welfare. It first considers possible forms of decentered welfare to promote communal and individual autonomy rather than the bureaucratic, centralized market-oriented control. Next, it uses theoretical resources to rethink the conventional notions of solidarity that support welfare. Drawing on recent work in continental philosophy, Justice as Welfare suggests that welfare requires a notion of social ontology. It provides both an account of the existential context of communal risk sharing and a framework to think about desire, value, and opportunity. Noting present political and economic realities, it suggests that international strategies to control 'flight capital' are necessary to create and maintain egalitarian welfare. Justice as Welfare aims to present a convincing theoretical account of welfare as social justice and to show how this requires the assertion of democratic control over economic and social reproduction at both national and international levels. This philosophically informed argument about egalitarian justice will appeal to anyone researching issues of social welfare, political theory, and applied political philosophy.
Justice as Welfare: Equity and Solidarity
by Adam GeareyJustice as Welfare provides an egalitarian account of distributive justice by rethinking notions of welfare. It first considers possible forms of decentered welfare to promote communal and individual autonomy rather than the bureaucratic, centralized market-oriented control. Next, it uses theoretical resources to rethink the conventional notions of solidarity that support welfare. Drawing on recent work in continental philosophy, Justice as Welfare suggests that welfare requires a notion of social ontology. It provides both an account of the existential context of communal risk sharing and a framework to think about desire, value, and opportunity. Noting present political and economic realities, it suggests that international strategies to control 'flight capital' are necessary to create and maintain egalitarian welfare. Justice as Welfare aims to present a convincing theoretical account of welfare as social justice and to show how this requires the assertion of democratic control over economic and social reproduction at both national and international levels. This philosophically informed argument about egalitarian justice will appeal to anyone researching issues of social welfare, political theory, and applied political philosophy.
Justice at Nuremberg: Leo Alexander and the Nazi Doctors' Trial (St Antony's Series)
by U. SchmidtThis book traces the history of the Nuremberg Doctors' Trial of 1946-47, through the eyes of the Austrian émigré psychiatrist Leo Alexander, whose investigations helped the US prosecution. Schmidt provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics.
Justice before the Law
by Michael HuemerAmerica’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.
Justice Between the Young and the Old (Oxford Ethics Series)
by Dennis McKerlieIn a world of limited resources, competition between the young and old prompt difficult questions of justice. In countries with public pension and health care systems, or with aging populations, there is often a concern that members of different generations are not always treated fairly. Dennis McKerlie's monograph examines justice between age-groups with the ultimate goal of a new theory of justice that effectively grapples with those questions. In the realm of public policy and medical ethics this is an important and timely topic, but surprisingly one that has received relatively little attention from moral philosophers. McKerlie develops a comprehensive view of fairness between age groups that applies the egalitarian values of equality, or priority for the badly off, to temporal parts of lives -- not just to complete lives.
Justice by Lottery (Sortition And Public Policy Ser.)
by Barbara GoodwinIn this imaginative and provocative book, Barbara Goodwin explores the question of how lottery systems can achieve egalitarian social justice in societies with seemingly ineradicable inequalities. She begins with the utopian fable of Aleatoria, a country not unlike our own in the not-too-distant-future, where most goods are distributed by lottery—even the right to have children. She then analyzes the philosophical arguments for and against lottery distribution and a comparison of "justice by lottery" with other contemporary theories of justice. Goodwin also applies her theory to practical problems in the real world which could be—or have been—justly resolved by the use of lotteries, such as military drafts, jury duty, and immigration eligibility. She demonstrates that in many areas, including that of political power, a regular and random reallocation of goods would be a fairer and more democratic method than the distributive systems found in liberal democracies today.
Justice by Means of Democracy
by Danielle AllenFrom leading thinker Danielle Allen, a bold and urgent articulation of a new political philosophy: power-sharing liberalism. At a time of great social and political turmoil, when many residents of the leading democracies question the ability of their governments to deal fairly and competently with serious public issues, and when power seems more and more to rest with the wealthy few, this book reconsiders the very foundations of democracy and justice. Scholar and writer Danielle Allen argues that the surest path to a just society in which all are given the support necessary to flourish is the protection of political equality; that justice is best achieved by means of democracy; and that the social ideals and organizational design principles that flow from recognizing political equality and democracy as fundamental to human well-being provide an alternative framework not only for justice but also for political economy. Allen identifies this paradigm-changing new framework as “power-sharing liberalism.” Liberalism more broadly is the philosophical commitment to a government grounded in rights that both protect people in their private lives and empower them to help govern public life. Power-sharing liberalism offers an innovative reconstruction of liberalism based on the principle of full inclusion and non-domination—in which no group has a monopoly on power—in politics, economy, and society. By showing how we all might fully share power and responsibility across all three sectors, Allen advances a culture of civic engagement and empowerment, revealing the universal benefits of an effective government in which all participate on equal terms.
Justice by Means of Democracy
by Danielle AllenFrom leading thinker Danielle Allen, a bold and urgent articulation of a new political philosophy: power-sharing liberalism. At a time of great social and political turmoil, when many residents of the leading democracies question the ability of their governments to deal fairly and competently with serious public issues, and when power seems more and more to rest with the wealthy few, this book reconsiders the very foundations of democracy and justice. Scholar and writer Danielle Allen argues that the surest path to a just society in which all are given the support necessary to flourish is the protection of political equality; that justice is best achieved by means of democracy; and that the social ideals and organizational design principles that flow from recognizing political equality and democracy as fundamental to human well-being provide an alternative framework not only for justice but also for political economy. Allen identifies this paradigm-changing new framework as “power-sharing liberalism.” Liberalism more broadly is the philosophical commitment to a government grounded in rights that both protect people in their private lives and empower them to help govern public life. Power-sharing liberalism offers an innovative reconstruction of liberalism based on the principle of full inclusion and non-domination—in which no group has a monopoly on power—in politics, economy, and society. By showing how we all might fully share power and responsibility across all three sectors, Allen advances a culture of civic engagement and empowerment, revealing the universal benefits of an effective government in which all participate on equal terms.
Justice, Care, and Value: A Values-Driven Theory of Care Ethics (Routledge Innovations in Political Theory)
by Thomas RandallIn Justice, Care, and Value Thomas Randall argues for the radical potential of care ethics as a distinct and preferable theory of distributive justice. Advancing the feminist literature, this book defends a vision of society that can best enable caring relations to flourish. Specifically, Randall proposes a values-driven theory of care ethics that derives normative criteria for evaluating the moral worth of caring relations and their surrounding institutions via a classification of the values of care. They argue that such a theory gives us unique and meaningful solutions to contemporary questions of distributive justice across personal, political, global, and intergenerational domains. In doing so, the book makes significant strides to engage care ethics with the broader moral and political philosophy literature. Topical and interdisciplinary, Randall demonstrates that care ethics has the conceptual resources to ground distributive theories of socialism, territorial and natural resource rights, obligations to future generations, and historic redress. The book will be of great interest to academics, researchers, and students of feminist philosophy, but also of liberalism, political economy, and theories of global and intergenerational justice.
Justice, Care, and Value: A Values-Driven Theory of Care Ethics (Routledge Innovations in Political Theory)
by Thomas RandallIn Justice, Care, and Value Thomas Randall argues for the radical potential of care ethics as a distinct and preferable theory of distributive justice. Advancing the feminist literature, this book defends a vision of society that can best enable caring relations to flourish. Specifically, Randall proposes a values-driven theory of care ethics that derives normative criteria for evaluating the moral worth of caring relations and their surrounding institutions via a classification of the values of care. They argue that such a theory gives us unique and meaningful solutions to contemporary questions of distributive justice across personal, political, global, and intergenerational domains. In doing so, the book makes significant strides to engage care ethics with the broader moral and political philosophy literature. Topical and interdisciplinary, Randall demonstrates that care ethics has the conceptual resources to ground distributive theories of socialism, territorial and natural resource rights, obligations to future generations, and historic redress. The book will be of great interest to academics, researchers, and students of feminist philosophy, but also of liberalism, political economy, and theories of global and intergenerational justice.
Justice, Community and Globalization: Groundwork to a Communal-Cosmopolitanism
by Joshua AndersonThis book takes up the tension between globalization and community in order to articulate a new theory of global justice. Although the process of globalization is not new, its current manifestation and consequences are. At the same time, there is a growing recognition of the importance of community, identity and belonging. These two facts have generally been understood to be fundamentally in tension, both theoretically and descriptively. This book seeks to resolve this tension, and then draw out the implications for a theory of global justice and an understanding of the value and purpose of community. Importantly, the book argues, not only does an acceptance of the significance of the fact of globalization and the importance of community call for cosmopolitan duties and obligations, but it also calls into question the legitimacy and justification of the traditional nation-state. Aimed primarily at scholars working on issues related to political philosophy, globalization and global justice, the book will appeal to readers in law, politics, philosophy, and sociology.