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This book studies the relation between the two key paradigms, redistribution and recognition, in the contemporary discourse on justice.
Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.
An exploration of how design might be led by marginalized communities, dismantle structural inequality, and advance collective liberation and ecological survival. What is the relationship between design, power, and social justice? “Design justice” is an approach to design that is led by marginalized communities and that aims expilcitly to challenge, rather than reproduce, structural inequalities. It has emerged from a growing community of designers in various fields who work closely with social movements and community-based organizations around the world. This book explores the theory and practice of design justice, demonstrates how universalist design principles and practices erase certain groups of people—specifically, those who are intersectionally disadvantaged or multiply burdened under the matrix of domination (white supremacist heteropatriarchy, ableism, capitalism, and settler colonialism)—and invites readers to “build a better world, a world where many worlds fit; linked worlds of collective liberation and ecological sustainability.” Along the way, the book documents a multitude of real-world community-led design practices, each grounded in a particular social movement. Design Justice goes beyond recent calls for design for good, user-centered design, and employment diversity in the technology and design professions; it connects design to larger struggles for collective liberation and ecological survival.
Germany operates a "double track" system of punishment and preventive detention. Traditionally, this system included fixed-term prison sentences, which were limited by the safeguards of legality, proportionality, double jeopardy, etc., followed by preventative detention of indefinite length, which was not limited by those safeguards. In 2010, the European Court of Human Rights determined that the preventive period had to count as punitive and, thus, should be subject to the safeguards that surround punishment. This decision affects many other European countries that share a version of the "double track" system. While Europe is retreating under the tutelage of the ECHR on this matter, the United States has been developing its own system of preventive detention, both within the criminal law (for sexual predators) and without (for suspected terrorists). The essays in this volume bring together the best of European and American comparative writing on these issues.
"This book explores the legal, ethical, and other policy consequences of three core structural features of international human rights law: the focus on individual rights instead of duties; the division of rights into substantive and nondiscrimination categories; and the use of positive and negative right paradigms."--Book jacket.
"The twentieth century witnessed not only the devastation of war, conflict, and injustice on a massive scale, but also the emergence of social psychology as a discipline committed to addressing these and other social problems. In the twenty-first century, the promise of social psychology remains incomplete. We witness the reprise of authoritarianism and the endurance of institutionalized forms of oppression such as sexism, racism, and heterosexism across the globe. This volume represents an audacious proposal to reorient social psychology toward the study of social injustice in real-world settings. Contributors cross borders between cultures and disciplines to highlight new and emerging critical paradigms that interrogate the consequences of social injustice. United in their belief in the possibility of liberation from oppression, the authors of this book offer a blueprint for a new kind of social psychology." --
In Plato’s Republic Socrates contends that philosophers make the best rulers because only they behold with their mind’s eye the eternal and purely intelligible Forms of the Just, the Noble, and the Good. When, in addition, these men and women are endowed with a vast array of moral, intellectual, and personal virtues and are appropriately educated, surely no one could doubt the wisdom of entrusting to them the governance of cities. Although it is widely—and reasonably—assumed that all the Republic’s philosophers are the same, Roslyn Weiss argues in this boldly original book that the Republic actually contains two distinct and irreconcilable portrayals of the philosopher. According to Weiss, Plato’s two paradigms of the philosopher are the "philosopher by nature" and the "philosopher by design." Philosophers by design, as the allegory of the Cave vividly shows, must be forcibly dragged from the material world of pleasure to the sublime realm of the intellect, and from there back down again to the "Cave" to rule the beautiful city envisioned by Socrates and his interlocutors. Yet philosophers by nature, described earlier in the Republic, are distinguished by their natural yearning to encounter the transcendent realm of pure Forms, as well as by a willingness to serve others—at least under appropriate circumstances. In contrast to both sets of philosophers stands Socrates, who represents a third paradigm, one, however, that is no more than hinted at in the Republic. As a man who not only loves "what is" but is also utterly devoted to the justice of others—even at great personal cost—Socrates surpasses both the philosophers by design and the philosophers by nature. By shedding light on an aspect of the Republic that has escaped notice, Weiss’s new interpretation will challenge Plato scholars to revisit their assumptions about Plato’s moral and political philosophy.
This is a state-of-the-science book about organizational justice, which is the study of people’s perception of fairness in organizations. The volume’s contributors, all acknowledged leaders in this burgeoning field, present new theoretical positions, clarify existing paradigms, and identify future areas of application. The first chapter provides a comprehensive framework that integrates and synthesizes key concepts in the field: distributive justice, procedural justice, and retributive justice. The second chapter is a full theoretical analysis of how people use fairness judgments as means of guiding their reactions to organizations and their authorities. The subsequent two chapters examine the conceptual interrelationships between various forms of organizational justice. First, we are given a definitive review and analysis of interactional justice that critically assesses the evidence bearing on its validity. The next chapter argues that previous research has underemphasized important similarities between distributive and procedural justice, and suggests new research directions for establishing these similarities. The three following chapters focus on the social and interpersonal antecedents of justice judgments: the influence that expectations of justice and injustice can have on work-related attitudes and behavior; the construction of a model of the determinants and consequences of normative beliefs about justice in organizations that emphasizes the role of cross-cultural norms; and the potential impact of diversity and multiculturalism on the viability of organizations. The book’s final chapter identifies seven canons of organizational justice and warns that in the absence of additional conceptual refinement these canons may operate as loose cannons that threaten the existence of justice as a viable construct in the organizational sciences.
A debate between two philosophers who hold different views on the relation of redistribution to recognition.
John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.