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In: Dov Jacobs (ed.), RESEARCH HANDBOOK on TRANSITIONAL JUSTICE (Edward Elgar Publishing), 2015, Forthcoming
SSRN
In: American political science review, Band 80, Heft 2, S. 383-402
ISSN: 1537-5943
The defense of capitalism in America is rooted in a preference for the market's justice of earned deserts over the justices of equality and need associated with the polity. These preferences have structural roots in the way governments and markets serve different values and purposes, satisfy wants, focus on fairness or justice, enlist causal attributions, distribute or redistribute income, are limited by rights, and seem to offer either harmony or conflict of interest. Some of these "structural" differences, however, are themselves perceptual, and corrected by changed perceptions of the productivity of government and of our historic predecessors, and by a community point of view involving changed accounting systems, as well as by policies of full employment rather than guaranteed incomes. With few institutional changes, these altered perceptions may partially restore political justice to favor.
In: Social research: an international quarterly, Band 69, Heft 4, S. 1035-1044
ISSN: 0037-783X
This book provides an overview of the restorative justice conferencing programs currently in operation in the United States. In paying particular attention to the qualitative dimensions of this - based on interviews, focus groups and ethnographic observation - the book provides an unrivalled view of restorative justice conferencing in practice.
Building a thorough and comprehensive understanding of the limits of transitional justice theory, this innovative book proposes a new concept of the transitional justice citizen. Throughout the book, Briony Jones addresses contemporary criticism of transitional justice theory and practice in order to improve our understanding of the agency of people at times of transition. Drawing on three diverse case studies from across the globe, chapters demonstrate how the transitional justice citizen is defined by transitional justice discourse, policy and practice, and through acts of claiming justice such as protests and political violence. Combining in-depth theorization with empirical insights, this perceptive book positions the concept of citizenship within the context of long-term historical political struggle and the contemporary importance of justice.
World Affairs Online
In: Issues in Political Theory Ser.
Cover -- Contents -- Preface and Acknowledgements -- 1 What is Justice? The Concept -- The roots of justice -- Justice and ideology -- Justice and distribution -- Justice and desert -- 2 What is Just? The Norms -- Equality and desert -- The value of formal justice -- Knowledge of justice -- The communitarian critique of liberal justice -- 3 Justice as Entitlement: Libertarian Approaches -- Rights and formal justice -- Justice as human rights -- Ownership and entitlement -- Nozick's justice -- Conjectural history and the minimal state -- Libertarian alternatives -- 4 Justice as Respect: Liberal Approaches -- Kantian justice -- Dworkin's rights -- Justice and minorities -- Critique of Dworkin -- 5 Justice as Fairness: Contractual Approaches -- Justice as fairness -- Rawlsian justice -- Critique of Rawls -- The original position -- Principles of justice -- Respecting desert -- Some Rawlsian dogmas -- Global justice -- 6 Justice as Utility: Consequentialist Approaches -- Justice and utility -- The 'economics' of justice -- Criminal law -- 7 Justice as Desert: Responsibilities and Remuneration -- The attractions of desert -- Problems of desert -- Just remuneration -- Luck egalitarianism -- 8 Justice as Critique: Socialist Approaches -- Formal justice and the critique of rights -- Material justice, exploitation and desert -- Socialist justice -- 9 Justice as Empowerment: Feminist Approaches -- A feminist reconstruction of justice -- Oppression and domination -- Critical reflections -- 10 Justice as Democracy: Political Approaches -- The theory of social interaction -- The presuppositions of communicative action -- Habermasian justice -- Critical comments -- 11 Global Justice: Cosmopolitan Approaches -- A justice approach -- A humanitarian approach -- Justice and humanity -- The International criminal courts and humanitarian intervention.
In: Polity: the journal of the Northeastern Political Science Association, Band 36, Heft 1, S. 53-71
ISSN: 0032-3497
In the US today, there remain many unresolved issues related to race, in particular issues that are legacies of past injustices toward African Americans. This article argues that, in addressing these issues, we have much to learn from other societies that have undergone political transformations from regimes that systematically abuse human rights to regimes that respect, or at least purport to respect, human rights. These transitions have given rise to the idea of transitional justice, & to well-developed debates about what justice requires during such periods of transition. I argue (in the first section) that transitional justice usually requires the backward-looking measures of prosecution, reparation, & acknowledgement, & I further argue (in the following section) that by this standard the transformation that took place during the civil rights era in the US was unjust, or, at least, remains incomplete. In the final section of the article, I discuss measures that should be considered as ways of completing our transition to a racially just society. Adapted from the source document.
In: The Virtues Ser.
Justice is a virtue that speaks to our time and has been sought and celebrated since it was conceptualized in ancient Greece. Foregrounding new and fascinating research in philosophy and psychology, as well as other empirical fields of study, the essays in this volume explore the breadth and significance of current understandings of justice, with an emphasis on justice as a virtue that individuals can cultivate in themselves and others.
In: Shearing, C. & Stenning, P.C. 1979. Private Security and Private Justice: Doing Justice to Justice. British Journal of Law and Society, 6(2): 261-271.
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Considers the term "justice" & related theoretical problems emerging in current philosophical discussions. Focus is on the work of John Rawls & his critics, eg, the liberal-communitarian debate & difficulties of discussing social justice in a political liberalism framework. At issue is the idea that the literature to emerge from these debates, while devoted to important ruminations, seems to have put off a detailed argumentation about justice. Whether this postponement is linked to changing political circumstances is addressed, & the tensions between justice & particular interest are elaborated. The revival of justice based on aggregate utility in the post-Soviet context is scrutinized, highlighting the work of Robert Nozick & pondering distributive issues. J. Zendejas
In: Psychanalyse et Civilisations