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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 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 Violence: Political Violence, Pacifism and Cultural Transformation (Routledge Revivals)
by Eric NelsonOriginally published in 2003. Justice and Violence brings together a fascinating and varied volume that focuses on the ethics of both political violence and pacifism. Incorporating historical, geopolitical and cultural case studies, it takes a unique look at comparative analyses of these two phenomena and contending world views. The volume is a 'must read' for political scientists, ethicists, historians, sociologists, anthropologists and policy analysts. As we move deeper into the twenty-first century, the contradictory and conflicting forces of globalization and cultural fragmentation make it increasingly crucial to give serious consideration to the issues raised here.
Justice and Violence: Political Violence, Pacifism and Cultural Transformation (Routledge Revivals)
by Eric NelsonOriginally published in 2003. Justice and Violence brings together a fascinating and varied volume that focuses on the ethics of both political violence and pacifism. Incorporating historical, geopolitical and cultural case studies, it takes a unique look at comparative analyses of these two phenomena and contending world views. The volume is a 'must read' for political scientists, ethicists, historians, sociologists, anthropologists and policy analysts. As we move deeper into the twenty-first century, the contradictory and conflicting forces of globalization and cultural fragmentation make it increasingly crucial to give serious consideration to the issues raised here.
Justice and Vulnerability in Europe: An Interdisciplinary Approach
Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria for justice as ‘participatory parity’, in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. Original and incisive, Justice and Vulnerability in Europe is an invaluable resource for policy makers at European, national and local levels. It is also highly relevant to scholars and students of public and social policy, social justice, politics and law.
Justice and World Order: Reassessing Richard Falk's Scholarship and Advocacy
by George Andreopoulos Henry F. CareyThis book critically assesses the impact of Richard A. Falk’s scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Falk has offered powerful insights on the nature and reach of international law, international relations, and the structure of their respective processes in order to assess the main challenges to the creation of a just "world order," the path-breaking concept which he has helped to develop. Continuing in the critical spirit that has informed Richard’s work as a scholar and a public intellectual, this book reflects a multiplicity of perspectives and approaches in the analysis and assessment of these selected themes. This volume looks at four key themes of Falk’s work: • International Law and International Relations Theories and Concepts • War, Peace, and Human Security • Social and Political Justice, and • The Scholar as Citizen and Activist This will be a useful book for scholars and students of international law, global governance, political theory, and international relations theory, and for those studying human security, international organizations, and transnational activism.
Justice and World Order: Reassessing Richard Falk's Scholarship and Advocacy
by George Andreopoulos and Henry F. CareyThis book critically assesses the impact of Richard A. Falk’s scholarship, which has spanned nearly six decades and addressed key issues at the intersections of international law and relations. Falk has offered powerful insights on the nature and reach of international law, international relations, and the structure of their respective processes in order to assess the main challenges to the creation of a just "world order," the path-breaking concept which he has helped to develop. Continuing in the critical spirit that has informed Richard’s work as a scholar and a public intellectual, this book reflects a multiplicity of perspectives and approaches in the analysis and assessment of these selected themes. This volume looks at four key themes of Falk’s work: • International Law and International Relations Theories and Concepts • War, Peace, and Human Security • Social and Political Justice, and • The Scholar as Citizen and Activist This will be a useful book for scholars and students of international law, global governance, political theory, and international relations theory, and for those studying human security, international organizations, and transnational activism.
Justice Antonin Scalia and the Supreme Court's Conservative Moment
by Christopher SmithThis book analyzes why the Rehnquist Court never fulfilled expectations for the reversal of liberal judicial decisions from the Warren and Burger Courts. At its conservative high point in 1991-1992 the Supreme Court was dominated by seven justices who had dependably conservative voting records over the course of their early careers. Five of these justices were appointed in the 1980s and early 1990s by Reagan and Bush, presidents who made concerted efforts to appoint judicial officers who would undo liberal precedents. This is the first book to focus on scholars' growing recognition that the Rehnquist Court has not been as conservative as most presumed it would be. In focusing on Justice Antonin Scalia, whose role inadvertently contributed to the Court's failure to achieve conservative goals, the study examines how individual justices can affect Supreme Court decisions through their judicial behavior.
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 Translation: An Essay in Cultural and Legal Criticism
by James Boyd WhiteWhite extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
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.
A Justice-Based Approach for New Media Policy: In the Paths of Righteousness
by Amit M. Schejter Noam TiroshIn this book, distributional justice theories developed by John Rawls and Amartya Sen are applied to the governance of today’s media, proposing a fresh, and innovative assessment of the potential role for media in society. Three case studies describe the utilization of new media by marginalized communities in Israel – Ethiopian immigrants, the Bedouin and Palestinians – and set the stage for media policy scholars, teachers and students to discuss an analytic framework for media policy that is fresh, different, innovative and original. Departing from the utilitarian principles that dominate Western liberal regimes, and that have led to the proliferation of media systems in which control is concentrated in the hands of the few, this work proposes an alternative that focuses on redistributing power and voice.
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 beyond 'Just Us': Dilemmas of Time, Place, and Difference in American Politics
by Gregory W. StreichNotions of justice and community in the United States are increasingly challenged by trends like immigration, multiculturalism, and economic inequality as well as historical legacies like Jim Crow-era racial segregation. These dynamics continually re-shape the communities in which people live, whether by generating new forms of interdependency and inequality, creating new social cleavages or exacerbating existing ones, or generating new spaces in which cross-boundary contact, conflict, or cooperation is possible. Revealing the ways in which notions of justice and community overlap in American politics and public discourse through concrete political questions which emerge when considering dimensions of time, place, and difference, Gregory W. Streich offers a fresh re-examination of the normative ideas of justice and community. He encourages Americans to move from a view of justice that applies only to people who are "like us" to a view of justice that applies to people beyond "just us."
Justice beyond 'Just Us': Dilemmas of Time, Place, and Difference in American Politics
by Gregory W. StreichNotions of justice and community in the United States are increasingly challenged by trends like immigration, multiculturalism, and economic inequality as well as historical legacies like Jim Crow-era racial segregation. These dynamics continually re-shape the communities in which people live, whether by generating new forms of interdependency and inequality, creating new social cleavages or exacerbating existing ones, or generating new spaces in which cross-boundary contact, conflict, or cooperation is possible. Revealing the ways in which notions of justice and community overlap in American politics and public discourse through concrete political questions which emerge when considering dimensions of time, place, and difference, Gregory W. Streich offers a fresh re-examination of the normative ideas of justice and community. He encourages Americans to move from a view of justice that applies only to people who are "like us" to a view of justice that applies to people beyond "just us."
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 the Welfare State
by Daniel EngsterWestern welfare states are in a period of significant transition. Changes in the nature of work and the family, the growing elderly population, and other developments over the past fifty years have rendered existing welfare policies largely out-of-step with economic and social conditions. While welfare state reform clearly raises important questions about justice and social policy, political philosophers have been slow to address it. Justice, Care, and the Welfare State takes up the important task of developing a theory of justice to guide contemporary welfare state reform. Applying normative political philosophy to public policy issues, it addresses questions such as: What role, if any, should states play in supporting families? Should the state support national health care and, if so, why and in what form? What does society owe to the elderly? What role should welfare states play in supporting disabled people? What obligations does the state have toward the poor? As distinct from many works of political philosophy, Justice, Care, and the Welfare State draws on empirical data about the populations and circumstances of existing Western societies and offers concrete policy advice for reforming welfare policies. Noting that many of the challenges confronting people in post-industrial societies involve issues of care, Engster draws on a public ethics of care to develop his theory of welfare state justice, outlining specific policy proposals in the areas of the family, education, health care, old age pensions and long-term care, disability, and poverty and unemployment. The book offers important insights into how Western welfare states can be reformed in light of recent economic and social changes in order better to promote justice. It should be of interest to political philosophers, welfare state scholars, public policy analysts, and others interested in thinking about contemporary policy reform and justice.