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Dimensions of Justice: Ethical Issues in the Administration of Criminal Law is the only textbook of its kind that addresses these questions of justice from an institutional perspective. Thought-provoking features, including Thought Experiments boxes that present imagined scenarios to illustrate the principles under discussion and Justice in Context boxes that consider the real-life applications of concepts, along with clearly presented learning objectives, create a strong foundation in key concepts, pertinent vocabulary, and critical-thinking and reasoning skills. Readers are introduced to moral reasoning and the underpinnings of philosophical approaches to justice, including readings from critical philosophers such as Aristotle, Augustine, Locke, Kant, and Rawls.
Social justice has been the animating ideal of democratic governments throughout the twentieth century. Even those who oppose it recognize its potency. Yet the meaning of social justice remains obscure, and existing theories put forward by political philosophers to explain it have failed to capture the way people in general think about issues of social justice. This book develops a new theory. David Miller argues that principles of justice must be understood contextually, with each principle finding its natural home in a different form of human association. Because modern societies are complex, the theory of justice must be complex, too. The three primary components in Miller's scheme are the principles of desert, need, and equality. The book uses empirical research to demonstrate the central role played by these principles in popular conceptions of justice. It then offers a close analysis of each concept, defending principles of desert and need against a range of critical attacks, and exploring instances when justice requires equal distribution and when it does not. Finally, it argues that social justice understood in this way remains a viable political ideal even in a world characterized by economic globalization and political multiculturalism. Accessibly written, and drawing upon the resources of both political philosophy and the social sciences, this book will appeal to readers with interest in public policy as well as to students of politics, philosophy, and sociology.
Further Reading; Notes; Chapter 9 Transitional Justice: New Democracies Grapple with Their Past; Coming to Terms with the Past: Justice vs. National Reconciliation; The Problem of Punishment; Corrective Justice for Victims of Human Rights Abuses; Summary; Further Reading; Notes; Chapter 10 The Right to be Let Alone: Determining the Scope of Personal Freedom; The Harm Principle; Paternalism; Harm to Third Parties; Moral Relativism and the Diversity of Human Practices; The Possibility of an Offense Principle; Summary; Further Reading; Notes; Part 3 Doing Justice Within the Law.
How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpretation, arguing that by appreciating the distinction between the general capability approach and more specific capability theories or applications we can create a powerful and flexible tool for use in a variety of academic disciplines and fields of policymaking. This book provides an original and comprehensive account that will appeal to scholars of the capability approach, new readers looking for an interdisciplinary introduction, and those interested in theories of justice, human rights, basic needs, and the human development approach.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
A debate between two philosophers who hold different views on the relation of redistribution to recognition.
A distinguished group of political philosophers takes Miller's theory as a starting point and debates whether justice takes one form or many. Drawing real world implications from theories of justice and examining in depth social justice, national justice, and global justice, this book falls on the cutting edge of the latest developments in political theory. Visit our website for sample chapters!
Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.
Should historical injustices always be repaired? Upon scrutinising public institutions and present holdings, it becomes evident that many are partially the result of past injustices. Consequently, the imperative to rectify and repair historical injustices emerges. However, as circumstances change over time and these changes affect justice, the argument for repairing historical injustices becomes more intricate. The distributive and reparative aspects of justice may be in tension with each other. Possible tensions between these aspects of justice are assessed by discussing the thesis about the supersession of historical injustices. Different facets of the supersession thesis are evaluated in two contexts. The first context, explored in the initial part of the book, examines whether and, if so, under what conditions, post-colonial injustices against 19th-century Latin American indigenous peoples should be repaired. The second context, explored later in the book, assesses how climate burdens should be distributed globally and how to respond to potential injustices arising from departures from a fair climate transition towards net-zero CO2 emissions societies. The book demonstrates that repairing historical injustices is compatible with the imperatives of distributive justice.