Justice

The COVID-19 pandemic has led to the widespread use of online hearings in arbitral proceedings, raising questions about the impact of such proceedings on the determination of facts underlying a dispute. This article explores the extent to which online hearings may hinder arbitrators’ ability to assess witness credibility by drawing upon the cognitive psychology literature on truthfulness determination and lie detection. A survey of the literature suggests that the ability to differentiate truthful from dishonest statements through verbal and nonverbal cues (...) is limited, leading to the notion that observing behaviors like fidgeting, gaze aversion, vocal pitch, or body posture is not particularly relevant in assessing the credibility of a witness. Instead, focusing on the content of what is reported appears to be the most relevant strategy to determine credibility. Therefore, research does not support the idea that face-to-face contact with witnesses is essential to determine the facts of a dispute. Still, the use of in-person hearings may, in practice, continue to be preferred due to underlying cultural assumptions regarding the nature of hearings, the facilitation of communication between parties, counsel, and the tribunal, and a general sense of Zoom fatigue. (shrink)

This paper discusses a non-state justice system (Sistema Comunitario de Seguridad, Justicia y Reeducación, hereafter: SCSJR) applied by some of the Afromexican and Indigenous communities of the Guerrero state in Mexico as an example of a maximalist restorative justice system. Restorative justice is presented here as an alternative to criminal justice. While it responds to similar moral concerns as retributive justifications do, it offers more adequate mechanisms of dealing with certain crimes and aims to reduce coerciveness of justice when dealing (...) with lawbreaking. Restorative justice is also an approach that should be perceived as more legitimate when handling cases where the state lacks the moral standing to prosecute offenders. The SCSJR is used as an example to demonstrate the possibility of a justice system based on restorative principles to be effective in handling the entirety of lawbreaking in a community. In the case of the SCSJR this approach to justice has been proved to be effective even in the wake of high levels of criminal activity in the region. This paper discusses the SCSJR’s institutions and attitude toward lawbreaking and argues that they demonstrate an example of a justice system based on restorative justice. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

Comme une symphonie, la justice s’écoute et se déchiffre grâce aux notes qui la composent. Le résultat est l’effet dynamique des notes. On ne dit pas ce qu’est la justice, mais ce qui est conforme à la justice qui fait partie de nous, de l’Être et de la société. Dans la symphonie de la justice, le droit ou les droits interviennent comme une sorte d’interludes pour assurer l’oralité et les tonalités musicales de la justice.Le droit ou les droits prescrivent les (...) contours de la justice. Les interludes garantissent l’accord des discordants dans une cohésion sonore qui témoigne de proportions musicales. Dans ce livre, nous proposons une nouvelle lecture de la culture juridique et politique des Hellènes ainsi que les perspectives qu’elle ouvre pour la postmodernité, autour des chapitres suivants : a. Le cosmos chez les Hellènes. Le droit en éthique et politique ; b. Le pathétique philosophique et tragique dans la musique de la physis ; c. Les harmoniques du dikaion physikon (droit naturel) et les notes de la dialectique dans l’univers de la justice politique ; d. L’existence et la personne avec les prétendants de la justice dans les interludes de l’Être ; e. Les interludes de la justice personnaliste moderne ; f. Les revenants grecs dans les visions d’aujourd’hui. (shrink)

Dans les débats contemporains sur la justice, la vulnérabilité est porteuse d’un puissant contenu normatif et pratique. Elle offre des descriptions riches des expériences humaines prenant en considération des relations complexes et ambivalentes qui sont tues sous la seule norme de l’individualisme libéral. Il ne s’agit pas de rejeter l’importance d’une vie autonome, mais de repenser les cadres normatifs qui lui donnent un sens et de revoir les moyens de l’atteindre. La vulnérabilité, bien qu’elle se manifeste comme un idéal normatif (...) fort, révélateur de changements conceptuels et pratiques, n’est toutefois pas un concept univoque. Les chapitres qui composent cet ouvrage illustrent la diversité des significations et des contextes de vie auxquels renvoie la vulnérabilité. Faut-il s’en surprendre? Non, si l’on prend en compte que son usage comme idée phare de la théorie politique est encore récent, et qu’à ce titre sa signification et sa pratique sont encore l’objet de débats. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

This dissertation offers a critical discussion of the prioritisation of ‘the right’ in John Rawls’s theory of justice. Rawls’s theory of justice – ‘justice as fairness’ – is arguably one of the best illustrations of the prioritisation of ‘the right’ in current political literature. However, his theory has been criticised by a diversity of thinkers for its implied structural relation between ‘the right’ and ‘the good’. Some theorists argue that conceptually ‘the good’ can never be derived from ‘the right’; others (...) argue that, even if it were possible, the social implications of such a conceptualisation would devastating as it would result in a so-called “community of strangers” (Rorty 1988, 273). In this dissertation, I argue that be on the one hand, theories that prioritise ‘the right’– such as ‘justice as fairness’ – enable the attractive possibility of the multiple coexistence of ‘comprehensive goods’. This is attractive as it upholds the liberating ethos: ‘I have the freedom to determine my own ends’. This possibility is attributed to the fact of neutrality, which characterises the priority of ‘the right’. The claim of neutrality is embedded in the ideal that political principles can be developed prior to and independently of any content of ‘the good’. This is then supposed to justify the claim that political principles are non-reliant on comprehensive moral ideals. In this way, the prioritisation of ‘the right’, as evident in ‘justice as fairness’, supposedly enables citizens to construct impartial universal principles that govern their society. Yet, on the other hand, I question the degree of neutrality present in ‘justice as fairness’. I argue that ‘justice as fairness’, although its justification is independent of a singular moral truth, is not neutral concerning ‘the good’. In fact, the moral values encapsulated in the priority of ‘the right’, I argue, set the conditions of justification of all doctrines of ‘the good’ because any idea of ‘the good’ that embodies contradictory values to those encapsulated in the priority of ‘the right’ would necessarily be excluded from a Rawlsian society. Therefore, I argue that Rawls’s theory of justice cannot be said to take into account “a diversity of conflicting and irreconcilable yet reasonable comprehensive doctrines” (Rawls 2001, 34); as moral values are already implied in the prioritising of ‘the right’. In light of how Rawls’s theory of justice is simultaneously neutral and prescriptive regarding ‘the good’, I suggest a re-problematisation of the debate on the relationship between ‘the right’ and ‘the good’. The literature on theories that prioritise ‘the right’ or ‘the good’ seems to imply such theories either embody the one or the other methodological approach. I argue that this debate has been presented as a false dichotomy and, as such, the debate itself seems to be exhausted, because it creates a kind of natural impasse. Therefore, I suggest recasting the debate in terms of representing ‘the right’ and ‘the good’ as two methodological positions on a continuum, that are at the same time both more or less gradually similar and divergent from one another. The purpose of this continuum is to demonstrate that notions such as neutrality, objectivity and comprehensiveness are not clear-cut. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I demonstrate that (...) justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

Different socioeconomic backgrounds and barriers to education have contributed to low­er educational achievement among blacks, Latinos, and Native Americans, compared to American whites and Asians. The failure of legal integration to close the racial achieve­ment gap is the result of prejudice on the part of teachers, as well as a scarcity of cultur­ally relevant curricula materials for nonwhite children. As a plausible solution to these problems, recent studies show that poor children do better in classes where middle-class children are also (...) present. Middle-class children already have habits and values that sup­port success in the educational system. Integrated schools are not sufficient, because they are often divided in “tracks” that reproduce racial segregation. Racial diversity in the K-12 classroom is fruitful preparation for civic engagement in a pluralistic society made up of citizens from diverse backgrounds. (shrink)

Environmental theory and practice can benefit greatly from Emmanuel Levinas’ non-ontological philosophy of the Other in order to address the current global environmental crisis. From this viewpoint, this article focuses on 2 major positions within deep ecology. We discuss the significance of transitioning from one of them, which represents biocentric responsibility, to the other, which seeks to achieve environmental justice by challenging the hegemony of institutionalised environmentalism. In Levinasian terms, this is represented by moving from the anarchic realm of ethics (...) (face-to-face) to the totalising realm of politics (humanity), where the naked face of the Other becomes visible in the presence of a Third, and decision-making and concrete disputes resolution becomes necessary. Within this framework, historical and current inequalities compel the global North to degrow in order to allow the Others to weather the consequences of resource overconsumption and inequality. (shrink)

Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are free from deprivation, and an (...) affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority. (shrink)

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...) teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

The postwar welfare state provides social insurance against economic, health, and related risks in an uncertain world. Because everyone can envision themselves to be among the unfortunate, social insurance fuses self-interest and solidarism in a normative principle Friedman (2020) calls probabilistic justice. But there is a competing principle of status defense, where the aim is to erect boundaries between socioeconomic strata and discourage cross-class mobility. We argue that this principle dominates when inequality is high and uncertainty low. The current moment (...) is one of high inequality and high uncertainty, which results in intense status anxiety, yet does not rule out solidaristic solutions. Our contributions are to diagnose the causes of our current malaise, and to theorize the normative bases for the political choice facing contemporary western democracies. (shrink)

Should animal farmers be paid compensation for their loss of property when transitioning to a vegan economy? To answer this question, the following article compares the transition away from a carnist economy with the compensation paid when abolishing (human) slavery in the 19th century. Three arguments are considered to justify the direct compensation of lost human/animal property. This article argues that all three accounts lack the grounds to authorize compensation as just. Instead, an alternative principle is proposed that justifies supporting (...) anyone made vulnerable during economic transitions, encompassing a wider group of individuals than former proprietors alone. (shrink)

In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...) connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice. (shrink)

Standing at the intersection of criminology and philosophy, this book demonstrates the ways in which mythic movies and television series can provide an understanding of actual crimes and social harms. Taking three social problems as its subjects – capitalist political economy, structural injustice, and racism – the book explores the ways in which David Fincher’s Fight Club (1999), HBO’s Game of Thrones (2011–2019), and Jordan Peele’s Us (2019) offer solutions by reconceiving justice in terms of personal and collective transformation, utopian (...) thinking, and the relationship between racism and elitism, respectively. In doing so, the authors set out a theory of understanding the world based on cinematic and televisual works of art and conclude with a template that establishes a methodology for future use. An Epistemology of Criminological Cinema is authoritative and accessible, ideal reading for undergraduate and postgraduate students, criminologists, philosophers, and film, television, and literary critics with an interest in social justice and social harm. (shrink)

The concept of justice, a cornerstone in Aristotle's political philosophy, holds intrinsic significance in both historical and contemporary contexts. This article embarks on an intricate exploration of the primacy of global justice within Aristotle's philosophical framework and its far-reaching implications in addressing contemporary challenges. Drawing from Aristotle's perspective on justice within the polis, the article navigates the terrain of his ideas, extending them beyond conventional boundaries and examining their pertinence in the global arena. Aristotle's nuanced definitions of justice lay the (...) foundation for dissecting its role within the community. The dichotomy of distributive and corrective justice adds depth to the discussion, setting the stage for the exploration of justice on a global scale. Indications within Aristotle's writings hint at a broader consideration of justice, encompassing global concerns that transcend political boundaries. The resonance between Aristotle's principles and contemporary global issues, including poverty, environmental degradation, and human rights violations, is brought to light through the Sustainable Development Goals (SDGs). This alignment underscores the enduring relevance of Aristotle's philosophy and its potential to inform contemporary ethical paradigms. Furthermore, the article contemplates the influence of Aristotle's justice-centred ideas on international relations, envisioning its impact on diplomacy, cooperation, and conflict resolution. Acknowledging critiques and counterarguments that question the adaptability of Aristotle's theories to modern complexities, the article upholds the enduring applicability of his principles. Aristotle's emphasis on equilibrium and rectification offers a portal for addressing multifaceted global injustices, even in the intricate web of contemporary interdependence. The article culminates in the assertion that the primacy of global justice within Aristotle's political philosophy reverberates profoundly in the present day. The convergence of his principles with contemporary ethical frameworks, the potential implications on international diplomacy, and the adaptability to intricate global challenges substantiate the perpetual wisdom encapsulated in Aristotle's ideas. Embracing the essence of his philosophy, humanity is poised to forge a path toward a more just, harmonious, and equitable world. (shrink)

This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling with socio-cultural (...) norms. The findings from both quantitative and qualitative research contribute to understanding effectiveness and improving practices to achieve justice for victims. We investigated how new domestic violence laws are applied in the judicial system and the challenges victims face in seeking justice. The research highlights the necessity and effectiveness of laws while revealing socio-cultural resistance within the judicial system, such as holding victims accountable in domestic violence cases. The judicial response to domestic violence cases often favors restorative justice mechanisms, emphasizing reconciliation and lenient penalties. Notably, 61% of criminal cases conclude with reconciliation. Despite the impossibility of reconciliation in administrative cases, courts resort to the concept of "insignificance" of the violation, terminating cases on this basis in 28% of instances. However, the absence of reconciliation significantly diminishes the effectiveness of laws, depriving victims of restitution and the ability to influence the perpetrator's behavior. In the era of restorative justice application, rising questions emerge regarding its effectiveness, particularly due to socio-cultural pressure on victims and their unequal negotiation opportunities. (shrink)

Emotion recognition systems (ERS) offer the ability to identify the emotions of others, based on an analysis of their facial expressions and regardless of culture, ethnicity, context, gender or social class. By claiming universalism in the expression as well as in the recognition of emotions, we believe that ERS present significant risks of causing great harm to some individuals, in addition to targeting, in some contexts, specific social groups. Drawing on a wide range of multidisciplinary knowledge - including philosophy, psychology, (...) computer science and anthropology - this research project aims to identify the current limitations of ERS and the main risks that their use brings, with the goal of providing a clear and robust analysis of the use of ERS and their contribution to greater social justice. Pointing to technical limitations, we refute, on the one hand, the idea that ERS are able to prove the causal link between specific emotions and specific facial expressions. We support our argument with evidence of the inability of ERS to distinguish facial expressions of emotions from facial expressions as communication signals. On the other hand, due to the contextual and cultural limitations of current ERS, we refute the idea that ERS are able to recognise, with equal performance, the emotions of individuals, regardless of their culture, ethnicity, gender and social class. Our ethical analysis shows that the risks are considerably more numerous and important than the benefits that could be derived from using ERS. However, we have separated out a specific type of ERS, whose use is limited to the field of care, and which shows a remarkable potential to actively participate in social justice, not only by complying with the minimum requirements, but also by meeting the criterion of beneficence. While ERS currently pose significant risks, it is possible to consider the potential for specific types to participate in social justice and provide emotional and psychological support and assistance to certain members of society. (shrink)

Europe in the 16th and 17th centuries was characterized by extreme violence. In his course at the Collège de France, Il faut défendre la société (1974/1975), M. Foucault has argued that the birth of the modern state, through the juridico-political theory of sovereignty, and Hobbes-style contractualism and Leviathan, falsely closed the problem. He offers an alternative based on counter-history, but disdains many of Montaigne 's materials that could reinforce his thesis.

This paper examines the figure of the hate-fighting digital vigilante as embodied through Aryan Queen, an online persona developed and depicted by self-proclaimed antifa member Talia Lavin in her book Culture Warlords. One chapter in the 2020 memoir relays Lavin’s pursuits to elicit and make known identifying information of Der Stürmer, an anonymous white supremacist online hater. I first locate Lavin’s undertaking in the porous policy landscape regulating online hate transnationally to make a case for its value as an entry (...) into the navigation of hate on Telegram, a platform that has become a popular enclave for hate, and one that remains otherwise impenetrable to state efforts at formal governance. I then introduce the digital vigilante as a cultural figure that has become increasingly distinguished from, but developed in relation to, the classical or analogue vigilante in academic literature, albeit with only limited attention paid to the seemingly boundless temporality that constitutes the virtual sphere. Attending to processes of temporalization, I argue, can well serve an analysis of the moral universe within which the digital vigilante operates, thereby enabling a critical engagement with the motivations, methods, and intentions of her justice pursuits online. With the support of anthropological theories of temporalization – namely, past presencing, un/doing futures, and affective justice – I show that justice pursuits by way of digital vigilantism for Lavin are entangled with an affective longing for revenge, and manifest a complex intermingling of open wounds from injustices that emerge from and produce entanglements of the past, present, and future. (shrink)

A dominant strand of second wave feminism, represented in this essay by Firestone, is tied to a belief in technology to achieve reproductive justice, echoing Western somatophobic rationality. As such, it has difficulty formulating a critique of institutionalized reproductive technologies that have the capacity to perpetuate systemic racializing and misogynous violence, and envisioning a philosophy of reproductive justice where care for the body takes central stage. In this essay, we offer a perspective on achieving reproductive justice from an age-old position (...) largely neglected by feminism: that of midwifery. Midwifery has always been wary of technology in the field of reproduction, having first-hand experience with its consequences in birth and pregnancy, and has developed a field of scholarship critiquing its misuse. Simultaneously, midwifery negotiates technology from a position that prioritizes experiential, embodied, and tacit knowledge. Midwifery’s epistemological standpoint is that of a somatophilic rationality of thinking with the body, guarding women and birthing people’s reproductive autonomy through a specific technē that uses both technology and nature. A certain tendency in midwifery is, however, developing more and more towards an anti-technological essentialism. This essay therefore brings into dialogue Firestone’s Marxist women’s liberation through the elimination of biological sex with the help of technology, and midwifery’s somatophilic epistemic standpoint, to develop a feminist rational engagement with nature that can achieve reproductive justice, on the basis of their shared biological materialism. (shrink)

Although this article uses Obergefell v Hodges (2015) as its frame, it aims to bring out some distinctive features of Justice Kennedy’s jurisprudence of dignity more broadly. There are two reasons why such an investigation is important. The first is important to those interested in the legal case. Indeed, in Dobbs v Jackson Women’s Health (2022), the Court now argues that the relevant ‘test’ for determining whether a right is protected under the Due Process Clause is whether the right is (...) found to be ‘deeply rooted’ in the nation’s history and tradition. This article aims to critique this decision, as well as originalist approaches to constitutional interpretation more broadly, and seeks to resurrect and reconstruct Kennedy’s jurisprudence of dignity that has undergirded (sometimes quietly) the expansion of civil rights protections to the LGBTQ+ community. The second reason this investigation is important is of interest to philosophers and legal historians. Dignity is a notoriously elusive concept, and much ink has been spilt trying to sort out the precise nature of its content and its boundaries. This article brings together the many (seemingly disparate) uses of dignity found across cases involving gay rights, abortion, and foreign sovereign immunity, and argues Kennedy effectively weaves these uses together in ways that may sharpen our understanding of dignity in both the philosophical and legal literatures. (shrink)

The article presents and overviews the main concepts of "A Theory of Justice" by J. Rawls such as justice, subject of justice, ideas of cooperation and well ordered society, veil of ignorance, rationality of the original situation, principles of justice, the rule of maximum minimorum. The author presents an analysis of the basic notions of "A Theory of Justice" by evaluating the two aspects of comprehensiveness and avoidance of error. The evaluation of comprehensiveness proceeds along the lines of discussion with (...) some critics of J. Rawls such as Benjamin R. Barber who claims that J. Rawls does not manage to choose between the influence of I. Kant and Th. Hobbes. The author argues that the theory of justice pre-sen-ted by Rawls satisfies the criteria of coprehen-si-ve-ness by being essentially a Kantian and not a Hobbesian conception. The argument for this is proved by finding essential simmilarities between the Kantian principle of authonomy and the original situation of choice behind the veil of ignorance simulated by Rawls. She argues that the relation between the Kantian and the contractarian point of views signalled by the theory is the problem of different levels of it. "A Theory of Justice" is the one that expresses particullar principles via the contract rather than finds them as an outcome of it. The second principle of the avoidance of error emerges as an answer to the question wheather J. Rawls’ aim to create a theory of pure procedural justice has been achieved. The answer to this question is ambivalent in the sense that the concept "pure procedural justice" has itself weaker and stronger interpretations. J. Rawls making distinction between procedural and substantial justice says that the difference between them is similar to the one between procedural justice and the justice of results. J. Rawls avoided error in the sense that he deduced the principles of justice defending the human rights of individuals from his Kantian premisses. But the author has doubts wheather Rawls managed to avoid an error in the case if pure procedural justice is unterstood in the stronger (strict Kantian) sense as something a priori deduced from the principles of reason by deliberation. (shrink)

The paper is an inquiry into the concept of retributive justice in Kant's "Religion within the Bounds of Reason Alone" (1795). Kant proposes an explanation of theological terms (God, grace, punishment, and discharge) in the common field of moral and politic realms. We find two kinds of justice as well as of worlds contrasted in Kant's philosophy: world of the absolute justice of God, and world of human justice. The strongest, rule-based justice is to be exercised in the world of (...) human beings. This kind of justice must be based on the principles of speculative rationality alone. The justice of God is based on two principles: that of prudence and of grace. The possibility of grace that surpasses the speculative ability of human being is a secret or mystery to him. Grace refers to and forms an inner moral historicity of human being. The source of historicity is change of human natural state of guilt and punishment into the state of joyful inner moral development. Only grace makes it possible for human being to change his moral inclinations from vicious to virtuous. Kant considers pain caused by vicious inclinations as a sign of God's retributive justice. The paper raises questions about the possibility of discharge. Hypothesis is held that discharge takes place in time. It shows itself as the inner moral development of the human being and the state. The controversial notions of apologists and critics of Kant's philosophy are presented. (shrink)

The paper deals with the problem of justice in Kant's practical philosophy. In the realm of philosophy of Kant the problem of justice is distinguished by the lack of interest from the side of historians of philosophy and philosophers. The paper is an example of an attempt to deal with the problem of justice in the context of Kant's practical theory. The concept of ultimate practical end is the central for Kant's theory of morals and law. It could be treated (...) as the most important for the inquiry into the problem of justice. The concepts of compulsion, the natural and civil state, the capital punishment and the principal of equality are the most significant guides to our research. The paper also indicates the limits of strict moral interpretation of the concept of justice. It also makes some references to further investigation. (shrink)

No-connection theories and special connection global justice theories attempt to explain our global responsibilities. No-connection theories, while universal are less than motivating. Special-connection theories, while motivating, have been unable to fully ground global responsibilities. “Bootstrapping” theories like those of Thomas Donahue-Ochoa or Shannon Vallor are both universal and motivating. Donahue-Ochoa argues that systemic injustice reduces everyone’s freedom. Vallor argues that virtues have global scope given how they are grounded. Both have flaws. I propose “absolute resistance theory.” I claim if we (...) cannot resist systemic injustice locally without global resistance, we have global responsibilities to resist injustice stemming from proximate relationships. (shrink)

This work delves into the nature of the morality of the judges and prosecutors of the ICC, who are instrumental in perpetuating the flawed concept of international criminal vacation. This work does not imply distrust in the capacities of the prosecutors or judges of the Court. However, if they are not morally and legally accountable for safeguarding the survival and security of the rights of victims, then who is? This volume places a significant emphasis on an ethical and philosophical understanding (...) of the system of international criminal justice and how the system of vacation for major criminals has become a mechanism against the universal rights of men across the globe. It is in these circumstances that we become instruments of political power, devoid of morality and humanity, driven solely by the evil greed of governments that disregard the dignity of other nations and relegate their victims to a state of insignificance. (shrink)

In Justice, Care, and Value Thomas Randall advances the radical potential of care ethics as a distinct (and preferable) theory of distributive justice. Advancing the care ethical literature this book defends a vision of society that can best enable such relations to flourish. Specifically, Randall uses breakthrough arguments to propose a values-driven theory of care ethics that identifies good caring relations through classifying the values of care. He argues that such a theory gives us unique and meaningful solutions to contemporary (...) questions and encourages us to think about distributive justice across personal, political, global, and intergenerational domains. Through this the book makes significant strides to engage care ethics with the broader moral and political philosophy literature. Topical and interdisciplinary, Randall demonstrates that care ethics has the conceptual resources to ground distributive theories of socialism, territorial and natural resource rights, obligations to future generations, and historic redress. The book will be of great interest for academics, researchers, and students in feminist philosophy, but also in liberalism, global and intergenerational theories of justice, and political economy. (shrink)

An evidence-based approach to crime and justice policy can go a long way toward ensuring that the best available research is considered in decisions that bear on the public good. However, the term "evidence-based" is characterized by a great deal of rhetoric. Indeed, there remains a marked disjuncture between calls for "evidence-based" policy and an understanding of what it means for policy to be "evidence-based." The calls for evidence-based policy nonetheless provide a powerful foundation for propelling a movement toward bringing (...) about rational, cost-effective, and humane policies for the betterment of society. This handbook showcases the state of research on evidence-based crime and justice policy and the challenges that impede its creation and use. The volume has three core objectives: to promote new and productive ways to think about evidence-based policy; to demonstrate how research can contribute to and guide evidence-based policy in juvenile justice, criminal justice, and alternatives to system responses; and to identify strategies that can increase reliance on evidence-based policy. To meet these objectives, each chapter is guided by several central questions: What do we know about evidence-based policy and practice in crime and justice? How can we improve knowledge of evidence-based policy and practice? How can we promote more use of evidence-based policy and practice? Taken as a whole, the volume emphasizes the critical need for policies that are grounded in high-quality research, that address critical research gaps, and that fully acknowledge the limitations of what extant research can do to inform policy decisions. (shrink)

In this book, the first English-language monograph on the topic, Jan Maximilian Robitzsch draws on a range of sources including papyrological evidence to give a comprehensive account of the theory of justice advanced by the ancient Greek philosopher Epicurus and his followers.