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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 Friendship: A Theory of Law
by Seow Hon TanThis book explores the question of justification of law. It examines some perennial jurisprudential debates and suggests that law must find its justification in morality. Drawing upon the Aristotelian inspiration that friends have no need for justice - in (ideal) friendship, we behave justly - Seow Hon Tan develops a theory of law based on the universal phenomenon of friendship. Friendships and legal relations attract rights and obligations by virtue of the manner in which parties are situated. Friendship teaches us that how parties are situated gives rise to legitimate expectations; it attests to the intrinsic worth of each person. The methodology for deciphering norms within, and moral lessons from, friendship can be transposed to law, resulting in an inter-subjectively agreeable and rich conception of justice. In determining the content of legal rights and obligations, we can and should draw upon such determination in friendship. Justice as Friendship aims to provide a vision for law’s development and invites the practitioner to advance its central claims in their area of expertise. In dealing with selected legal doctrines, the book draws upon illustrative cases from the United States, the United Kingdom, and the Commonwealth. The book traverses the fields of jurisprudence, philosophy, ethics, political theory, contract law, and tort law.
Justice as Improvisation: The Law of the Extempore
by Sara RamshawJustice as Improvisation: The Law of the Extempore theorises the relationship between justice and improvisation through the case of the New York City cabaret laws. Discourses around improvisation often imprison it in a quasi-ethical relationship with the authentic, singular ‘other’. The same can be said of justice. This book interrogates this relationship by highlighting the parallels between the aporetic conception of justice advanced by the late French philosopher Jacques Derrida and the nuanced approach to improvisation pursued by musicians and theorists alike in the new and emerging interdisciplinary field of Critical Studies in Improvisation (CSI). Justice as Improvisation re-imagines justice as a species of improvisation through the formal structure of the most basic of legal mechanisms, judicial decision-making, offering law and legal theory a richer, more concrete, understanding of justice. Not further mystery or mystique, but a negotiation between abstract notions of justice and the everyday practice of judging. Improvisation in judgment calls for ongoing, practical decision-making as the constant negotiation between the freedom of the judge to take account of the otherness or singularity of the case and the existing laws or rules that both allow for and constrain that freedom. Yes, it is necessary to judge, yes, it is necessary to decide, but to judge well, to decide justly, that is a music lesson perhaps best taught by critical improvisation scholars.
Justice as a Virtue: A Thomistic Perspective
by Jean Porter“Aquinas,” says Jean Porter, “gets justice right.” In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions, as John Rawls and his interlocutors have described it — and as most people think of it today. Porter presents a thoughtful interpretation of Aquinas’s account of the complex virtue of justice as set forth in the Summa theologiae, focusing on his key claim that justice is a perfection of the will. Building on her interpretation of Aquinas on justice, Porter also develops a constructive expansion of his work, illuminating major aspects of Aquinas’s views and resolving tensions in his thought so as to draw out contemporary implications of his account of justice that he could not have anticipated.
Justice as a Virtue: A Thomistic Perspective
by Jean Porter&“Aquinas,&” says Jean Porter, &“gets justice right.&” In this book she shows that Aquinas offers us a cogent and illuminating account of justice as a personal virtue rather than a virtue of social institutions, as John Rawls and his interlocutors have described it — and as most people think of it today. Porter presents a thoughtful interpretation of Aquinas&’s account of the complex virtue of justice as set forth in the Summa theologiae, focusing on his key claim that justice is a perfection of the will. Building on her interpretation of Aquinas on justice, Porter also develops a constructive expansion of his work, illuminating major aspects of Aquinas&’s views and resolving tensions in his thought so as to draw out contemporary implications of his account of justice that he could not have anticipated.
Justice at War: Civil Liberties and Civil Rights During Times of Crisis
by Richard DelgadoThe status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
Justice at a Distance
by Loren E. LomaskyThe current global-justice literature starts from the premise that world poverty is the result of structural injustice mostly attributable to past and present actions of governments and citizens of rich countries. As a result, that literature recommends vast coercive transfers of wealth from rich to poor societies, alongside stronger national and international governance. Justice at a Distance, in contrast, argues that global injustice is largely home-grown and that these native restrictions to freedom lie at the root of poverty and stagnation. The book is the first philosophical work to emphasize free markets in goods, services, and labor as an ethical imperative that allows people to pursue their projects and as the one institutional arrangement capable of alleviating poverty. Supported by a robust economic literature, Justice at a Distance applies the principle of noninterference to the issues of wealth and poverty, immigration, trade, the status of nation-states, war, and aid.
Justice for All: Earl Warren and the Nation He Made
by Jim NewtonIn Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U. S. Supreme Court history while illuminating both the public and the private Warren. One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U. S. history. .
Justice for All: Repairing American Criminal Justice
by Adam Lamparello Charles E MacLeanJustice for All identifies ten central flaws in the criminal justice system and offers an array of solutions – from status quo to evolution to revolution – to address the inequities and injustices that far too often result in courtrooms across the United States. From the investigatory stage to the sentencing and appellate stages, many criminal defendants, particularly those from marginalized communities, often face procedural and structural barriers that taint the criminal justice system with the stain of unfairness, prejudice, and arbitrariness. Systematic flaws in the criminal justice system underscore the inequitable processes by which courts deprive citizens of liberty and, in some instances, their lives. Comprehensive in its scope and applicability, the book focuses upon the procedural and substantive barriers that often prohibit defendants from receiving fair treatment within the United States criminal justice system. Each chapter is devoted to a particular flaw in the criminal justice system and is divided into two parts. First, the authors discuss in depth the underlying causes and effects of the flaw at issue. Second, the authors present a wide range of possible solutions to address this flaw and to lead to greater equality in the administration of criminal justice. The reader is encouraged throughout to consider and assess all possible options, then defend their choices and preferences. Confronting these issues is critical to reducing racial disparities and guaranteeing Justice for all. Describing the problems and assessing the solutions, Justice for All does not identify all problems or all solutions, but will be of immeasurable value to criminal justice students and scholars, as well as attorneys, judges, and legislators, who strive to address the pervasive flaws in the criminal justice system.
Justice for Animals: Our Collective Responsibility
by Martha C. NussbaumA revolutionary new theory and call to action on animal rights, ethics, and law from the renowned philosopher Martha C. Nussbaum.Animals are in trouble all over the world. Whether through the cruelties of the factory meat industry, poaching and game hunting, habitat destruction, or neglect of the companion animals that people purport to love, animals suffer injustice and horrors at our hands every day. The world needs an ethical awakening, a consciousness-raising movement of international proportions. In Justice for Animals, one of the world&’s most influential philosophers and humanists Martha C. Nussbaum provides a revolutionary approach to animal rights, ethics, and law. From dolphins to crows, elephants to octopuses, Nussbaum examines the entire animal kingdom, showcasing the lives of animals with wonder, awe, and compassion to understand how we can create a world in which human beings are truly friends of animals, not exploiters or users. All animals should have a shot at flourishing in their own way. Humans have a collective duty to face and solve animal harm. An urgent call to action and a manual for change, Nussbaum&’s groundbreaking theory directs politics and law to help us meet our ethical responsibilities as no book has done before.
Justice for Earthlings
by David MillerIn the past few decades social changes have impacted how we understand justice, as societies become both more multicultural and more interconnected globally. Much philosophical thought, however, seems to proceed in isolation from these developments. While philosophers from Plato onwards have portrayed justice as an abstract, universal ideal, Miller argues that principles of justice are always rooted in particular social contexts, and connects these ideas to the changing conditions of human life. In this important contribution to political philosophy, it is argued that philosophers need to pay more attention to the way that people actually think about what's fair, and only defend principles that are feasible to apply in the real world. To understand equality of opportunity, for example, we must explore the cultural constraints that people face when presented with life choices. Justice for Earthlings also explains how national boundaries make justice at global level different from social justice.
Justice for Everyone: The Jurisprudence and Legal Lives of Brenda Hale
by Erika Rackley Rosemary HunterAs the first woman to be appointed President of the UK Supreme Court, Brenda Hale was one of the UK's most high profile and influential judges, and she is among the most powerful women leaders of our time. For almost half a century, she pioneered as an educator, reformer, and decision-maker, leaving a distinct mark on the law and the lives of many. In commemoration of her recent retirement from the Supreme Court, this collection celebrates her long and illustrious career. Organised by thematic chapters and featuring original research from leading academics, judges and lawyers, this book offers a comprehensive account of Lady Hale's achievements and enduring impact. The contributors, many of whom were her peers and colleagues, demonstrate how Hale forged her own path within male-dominated institutions, carved a space for herself and others, and, ultimately, endeavoured to promote justice for everyone.
Justice for Hedgehogs
by Ronald DworkinThe fox knows many things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work, Dworkin argues that value in all its forms is one big thing; that what truth is, life means, morality requires, and justice demands are different aspects of the same large question.
Justice for Kids: Keeping Kids Out of the Juvenile Justice System (Families, Law, and Society #2)
by Nancy E. DowdChildren and youth become involved with the juvenile justice system at a significant rate. While some children move just as quickly out of the system and go on to live productive lives as adults, other children become enmeshed in the system, developing deeper problems and or transferring into the adult criminal justice system. Justice for Kids is a volume of work by leading academics and activists that focuses on ways to intervene at the earliest possible point to rehabilitate and redirect—to keep kids out of the system—rather than to punish and drive kids deeper. Justice for Kids presents a compelling argument for rethinking and restructuring the juvenile justice system as we know it. This unique collection explores the system’s fault lines with respect to all children, and focuses in particular on issues of race, gender, and sexual orientation that skew the system. Most importantly, it provides specific program initiatives that offer alternatives to our thinking about prevention and deterrence, with an ultimate focus on keeping kids out of the system altogether.
Justice for Some: Law and the Question of Palestine
by Noura ErakatJustice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
Justice for Victims before the International Criminal Court (Routledge Research in International Law)
by Luke MoffettMany prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
Justice for Victims of Crime
by Albin DearingThis book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state's criminal laws and instead reinterpreting it as a violation of human rights. The state's right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.
Justice in America: The Separate Realities of Blacks and Whites
by Mark Peffley Jon HurwitzAs reactions to the O. J. Simpson verdict, the Rodney King beating, and the Amadou Diallo killing make clear, whites and African Americans in the United States inhabit two different perceptual worlds, with the former seeing the justice system as largely fair and color blind and the latter believing it to be replete with bias and discrimination. The authors tackle two important questions in this book: what explains the widely differing perceptions, and why do such differences matter? They attribute much of the racial chasm to the relatively common personal confrontations that many blacks have with law enforcement - confrontations seldom experienced by whites. More importantly, the authors demonstrate that this racial chasm is consequential: it leads African Americans to react much more cynically to incidents of police brutality and racial profiling, and also to be far more skeptical of punitive anti-crime policies ranging from the death penalty to three-strikes laws.
Justice in Asia and the Pacific Region, 1945-1952
by Yuma TotaniThis book explores a cross section of war crimes trials that the Allied powers held against the Japanese in the aftermath of World War II. More than 2,240 trials against some 5,700 suspected war criminals were carried out at 51 separate locations across the Asia Pacific region. This book analyzes fourteen high-profile American, Australian, British, and Philippine trials, including the two subsequent proceedings at Tokyo and the Yamashita trial. By delving into a large body of hitherto underutilized oral and documentary history of the war as contained in the trial records, Yuma Totani illuminates diverse firsthand accounts of the war that were offered by former Japanese and Allied combatants, prisoners of war, and the civilian population. Furthermore, the author makes a systematic inquiry into select trials to shed light on a highly complex - and at times contradictory - legal and jurisprudential legacy of Allied war crimes prosecutions.
Justice in Climate Policy: Distributing Climate Costs Fairly (Research for Policy)
by Mark Bovens Victor Toom Annick de Vries Gijsbert Werner Elsenoor Wijlhuizen Suzanne HulscherThis open access book is looking into ways to achieve just climate policy within a country. The authors of this monograph share a unique, timely and original vision: continuous support for climate policy is more likely to emerge when citizens find that the distribution of the bill for climate costs is fair. But what is a fair distribution of climate costs? This is an important question because financial costs of mitigation (reducing greenhouse gases), adaptation (adapting to climate change) and damage (compensating or compensating after weather extremes) increase significantly in the coming decades. Drawing on philosophy and ethics, the authors propose ten principles for achieving just distributions of domestic climate costs. Examples of such principles are individual responsibility, the polluter pays, greatest utility and capacity to pay. Yet what a fair distribution is, depends on, for example, political preferences and the policy issue at hand. Empirical research on designing climate policies, however, shows that distributive principles are not part of the political, policy, and public discussions. The authors therefore argue that explicit attention to principles of just distribution at the start of a policy process contributes to support for climate policy. This book provides tools to professionals and students to achieve justice in climate policy.
Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
by Darryl RobinsonIn Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
Justice in Funding Adaptation under the International Climate Change Regime
by Marco GrassoCovering the ethical dimensions of international-level adaptation funding, a subject of growing interest in the climate change debate, this book provides a theoretical analysis of the ethical foundations of the UNFCCC regime on adaptation funding, one that culminates in the definition of a framework of justice. The text features an interpretative analysis of the ethical contents of the UNFCCC funding architecture by applying the framework of justice proposed to different areas of empirical investigation. The book offers scholars working on climate change, international relations, and environmental politics an analysis characterized by both theoretical soundness and empirical richness. The comprehensiveness of the book's approach should make it possible to plan and implement international adaptation funding more effectively, and eventually to define more just funding policies and practices.
Justice in Global Health: New Perspectives and Current Issues
by Himani Bhakuni Lucas MiottoRather than making another attempt at proposing a single and unifying theory of global health justice, this timely collection brings together, instead, scholars from a range of traditions to frame the issue more broadly, highlighting not only different perspectives but also key topics and debates. The volume features chapters that offer both new theoretical approaches to global health justice, as well as fresh takes on existing frameworks. Others adopt a bottom-up approach to tackle specific problems, including the sexual rights of children and adolescents, artificial intelligence (AI) in medicine, framing of neglected tropical diseases, securitization of health, and trademarks in global health. Brought together within one volume, the breadth of these chapters provides a unique and enlightening contribution to the wider Global Health field. This important volume will be a fascinating read for students and researchers across Global Health, Bioethics, Political Philosophy, and Global Development.
Justice in Indian Country
by Sari Horwitz The Washington PostThis eye-opening report is the product of a year-long investigation into how the legal system in Indian country fails some of America's most vulnerable citizens—and what is being done to begin to rectify an ongoing tragedy.Sari Horwitz, recipient of the ASNE Award for Distinguished Writing on Diversity, traveled to an Indian reservation in Minnesota to interview a Native American woman who had been sexually assaulted, as had her mother and daughter. In each case, the assailants, who were not Native American, were not prosecuted due to loopholes in the laws on jurisdiction of criminal prosecution on Indian reservations. This story set her off on a journey across the country, into remote villages and tribal lands where Horwitz uncovered the widespread failures of the American legal system and its inability to protect Native American women and children.This powerful call-to-action gives a view that is charged and insightful, exploring the deeply human consequences of a bureaucracy that has often done more harm than good. As President Obama's administration sets out to close the loopholes and bring justice to survivors, Horwitz speaks to the people these new laws will impact, describes their hopes for the future and gives voice to those who have been silent for too long.
Justice in International Law
by Stephen M. SchwebelSince 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.