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This text offers an intervention into the debate between communitarianism and liberalism. It argues for a theory of "contexts of justice" that leads beyond the confines of the debate as it has been understood and posits the possibility of a new conception of social and political justice.
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice?freedom, democracy, equality, and toleration?and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
Corporate Accountability in the Context of Transitional Justice by Sabine Michalowski Pdf
Corporate Accountability in the Context of Transitional Justice explores how corporations can be held accountable for their role in past human rights violations when a country is making a transition from conflict or repression to peace and democracy. It breaks new ground in theorizing the linkages between the areas of transitional justice and corporate accountability and analyzing problems frequently arising where the two fields meet in practice, for example where the role of corporations in past human rights violations is examined by truth and reconciliation commissions or in the course of litigation. The book provides an overview of the current trends in law and in legal and political discussion relating to both areas, as well as in-depth analysis of how tools of corporate accountability and transitional justice can complement each other in order to achieve the best outcomes for bringing justice to victims and lasting peace to societies. The authors bring extensive experience from diverse professional backgrounds and jurisdictions to provide the first sustained attempt to address this link. The book will be of interest to scholars, practitioners, policymakers and activists working in the areas of transitional justice; corporate accountability; and business and human rights.
This volume offers snapshots of how rights are debated and employed in public discourse to reshape legal and political relations at the beginning of the twenty-first century. It explores how rights are used to challenge the state of affairs by individuals and groups who seek justice, and the strategies devised to defy the existing rights by those who wish to recast the social and political order. This volume discusses rights, firstly, in relation to actual events and issues faced by policy-makers, courts, international agencies, or ordinary people. These range from the demands of minority groups living in the West to freely practice their culture and/or religion, to the threat of terrorism, the regulation of asylum rights, the investor's rights to disclosure and the rights of artists to freedom of expression. Secondly, rights discourse is examined in relation to attempts to redefine the form and content of rights, for example, by banning the right to wear religious symbols in public institutions or detaining terrorism suspects without trial. Thirdly, rights discourse is explored in connection with the attempts to develop new notions of rights, such as 'human security', which can more effectively respond to the challenges of late modern societies. Finally, the statuses of rights in sociological theory and socio-legal research are briefly discussed and analysed.
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.
Restorative Justice in Context by Elmar G. M. Weitekamp,Hans-Jürgen Kerner Pdf
This book brings together a selection of papers originally presented and discussed at the fourth international restorative justice conference, held at the University of Tübingen. The contributors include many of the leading authorities in the burgeoning field of restorative justice, and they provide a comprehensive review of developing international practice and directions, and the context in which restorative justice practices are developing. Restorative Justice in Context moves beyond a focus on restorative justice for juveniles to a broader concern with the application of restorative justice in such areas as corporate crime, family violence and the application of restorative justice in cases of extreme violent crimes. The contexts examined are drawn from Europe, North America, Australasia and Japan. leading world authorities analyse international case studies reflecting the growth of restorative justice worldwiderapidly expanding area of interest
Thinking about Justice by Kelly Gorkoff,Richard Jochelson Pdf
How do we think about justice? Is it an act? An ideology? A philosophy? We are divided in our understandings of justice between those who seek fundamental social change versus those who seek incremental change and between those who argue that justice exists versus those who think it is a ruse between internal and external perspectives. However, a promising axis of scholarship aimed at bridging these divides is emerging. Thinking about Justice introduces readers to these three ways of thinking about justice in a variety of contexts including prisons, policing, the courts, youth crime, Aboriginal people, the media, poverty and work in the sex industry. Ultimately, Thinking about Justice seeks to embrace the potentialities of justice, to explore the avenues through which justice seekers interact, debate and achieve some mode of cohesion and find a new, inclusive way forward."
"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--
This book offers a fresh way of considering compliance in the youth justice system, drawing on examples from youth justice systems around the world and considering the social context of community-based disposals for young offenders.
Pursuing Justice, 2nd Edition by Margot Hurlbert Pdf
Pursuing justice is daunting. It plays out in a variety of contexts — like the environment, employment, the criminal justice system — and raises tough issues like racism, gender discrimination and poverty. But ultimately the aim of studying justice is to achieve it. This book is about justice in Canada: its definition, its boundaries, its contradictions and its nuances. It is also about the mechanisms and practices that enable the pursuit of justice. It problematizes the notion of justice while defining and pursuing the illusive notion of justice in Canadian society. This second edition features updated content from the popular first edition as well as new content about social justice and racism, the experiences of racialized persons with police, settler colonialism and issues of justice for gender and sexual minorities — all from a Canadian perspective. Additionally, each chapter contains objectives of the chapter, case studies and discussion questions.
Diversity, Justice, and Community by Beverly-Jean M. Daniel Pdf
This edited collection provides readers with a superb introduction to some of the contemporary issues related to diversity, community, and justice in the Canadian context. Grounded in theories of community justice and applied social justice, the text provides a historical, theoretical, and intersectional approach to understanding justice and its everyday manifestations for members of diverse populations in Canadian society. Diversity, Justice, and Community encourages reflection on the systemic factors that result in the production of criminality in marginalized and oppressed communities. The authors highlight the ways in which differently located groups—including Indigenous peoples, women and girls, Black males, Somali youths, the South Asian community, and transgendered prisoners—experience the justice system, while also critiquing standard notions of justice and equity and pointing towards potential solutions to combat inequalities at both the community and institutional level. Disrupting the taken-for-granted assumptions regarding who is a criminal, Diversity, Justice, and Community takes an honest look at both the challenges and the opportunities that exist for Canada’s increasingly multiracial, multi-ethnic, multicultural, and religiously and sexually diverse population. Featuring chapter objectives, discussion questions, and additional resources, this engaging text is ideal for students in criminal justice, police studies, police foundations, and criminology programs.
The Politics of Restorative Justice by Andrew Woolford,Amanda Nelund Pdf
"In this new, significantly revised edition of an acclaimed text, Andrew Woolford and Amanda Nelund reconsider restorative justice and its politics both globally and locally"--
Transitional Justice in Comparative Perspective by Samar El-Masri,Tammy Lambert,Joanna R. Quinn Pdf
What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
Questions in Qualitative Social Justice Research in Multicultural Contexts by Anna CohenMiller,Nettie Boivin Pdf
Questions in Qualitative Social Justice Research in Multicultural Contexts take readers on an accessible and inspiring journey to critically self-reflect on current or future research practices to encourage and facilitate greater equity, inclusion, and social justice in qualitative research. In a diverse world, "doing" qualitative research needs unpacking and developing awareness of interconnected perspectives and challenges. However, as researchers, there is not always a chance to fully prepare or self-reflect on the processes and experiences. This book raises awareness of key multidimensional aspects of social justice, such as power, privilege, trust, insider-outsiderness, ethics, arts-based, co-produced, and decolonial research. The authors connect theory and conceptual constructs with practical in-field realities, guiding researchers through the dynamic, evolving steps to give voice to and promote social justice practices in research. The book includes the following features to guide thinking for researchers and students: Bolded key terms and questions for self-reflection. Boxed case studies from both top international scholars and emerging scholars. Glossary of key terms. This foundational book can be used as a jumping-off point to engage and critically self-reflect about research moving us towards decolonizing research practice, creating more inclusive, equitable, and socially just research. It will be suitable for upper-level and postgraduate students and all researchers interested in qualitative methods in education and the social and behavioral sciences.