In spite of advances in medicine and public health, malaria and other mosquito‐borne diseases are on the rise worldwide. Although vaccines, genetically modified mosquitoes and safer insecticides are under development, herein we examine a promising new approach to malaria control through better repellents. Current repellents, usually based on DEET, inhibit host finding by impeding insect olfaction, but have significant drawbacks. We discuss how comparative genomics, using data from the Anopheles genome project, allows the rapid identification of members of three (...) protein classes critical to insect olfaction: odorant‐binding proteins, G‐protein‐coupled receptors, and odorant‐degrading enzymes. A rational design approach similar to that used by the pharmaceutical industry for drug development can then be applied to the development of products that interfere with mosquito olfaction. Such products have the potential to provide more complete, safer and longer lasting protection than conventional repellents, preventing disease transmission by interrupting the parasite life cycle. BioEssays 25:1011–1020, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

Take the mystery out of digital photography and join the fun! You don't need to be a professional photographer or a technology expert to take great digital photos! This down-to-basics guide makes it easy to choose the right camera, understand all its dials and controls, take good pictures, make them look even better with your computer, and print them or share them online for friends and family to enjoy. Do your homework — compare camera features to choose those you need (...) at the price you can afford Practice, practice, practice — learn to use camera settings, how to compose good shots, and how light affects a picture The darkroom is now digital — use free software to organize and edit your photos Learn to share — print your pictures at home or through a service, e-mail them to friends, set up an online photo album, or show them off in a digital picture frame Open the book and find: How to pick the camera that best fits your budget and needs Tips for taking great travel photos Accessories you might want for your camera How to get really good pictures of kids and pets Easy ways to get photos from your camera to your computer Tips and tricks for editing pictures on a computer Good reasons for putting your pictures online. (shrink)

In this paper I criticize the standard argument for deontological egalitarianism, understood as the thesis that there is a moral claim to have an equal share of well-being or whatever other good counts. That argument is based on the idea that equals should be treated equally. I connect the debate over egalitarianism with that over comparative justice. A common theme is a general skepticism against comparative claims. I argue (i) that there can be no claim to equality (...) based simply on the fact of equal worth as that fact itself does not have any value for the supposed claim holder; and (ii) intuitions that suggest otherwise can be explained away without appealing to comparative claims. (shrink)

Against scepticism from thinkers including John Rawls and Thomas Nagel about the appropriateness of justice as the concept through which global ethical concerns should be approached, Amartya Sen argues that the problem lies not with the idea of justice, but with a particular approach to thinking of justice, namely a transcendental approach. In its stead Sen is determined to offer an alternative systematic theory of justice, namely a comparative approach, as a more promising foundation for (...) a theory of ?global justice.? But in the end Sen offers no such thing. He does not develop a theory of justice and this is all to the good; for if values are plural in the way Sen suggests, then justice is not a master idea but one value among many, and it should be neither the first virtue of social institutions, nor the notion that frames all our reflections on ethical and political life. (shrink)

Taurek cases focus a choice between two views of permissible action, Can Save One and Must Save Many . It is argued that Taurek cases do illustrate the rationale for Can Save One , but existing views do not highlight the fact that this is because they are examples of claims grounded on non-comparative justice. To act to save the many solely because they form a group is to discriminate against the one for an irrelevant reason. That is (...) a canonical form of non-comparative injustice. The error lies in taking a contingency of some presentations of some Taurek cases, namely, that they involve distribution, to introduce the claims of comparative as opposed to non-comparative justice. But cases of non-comparative justice can, contingently, also involve distribution. In order to settle which form of justice applies it is necessary to examine the nature of the distribution involved and the nature of “classes” to which individuals can be assigned. (shrink)

Several writers have argued recently that optimal rules of law authorize morally suboptimal decisions in certain cases.1 Larry Alexander calls these “gap cases.”2 Should judges in gap cases defer to legal rules or deviate from them? Philosophers known as “formalists” favor deference, “particularists” favor deviation.

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the (...) “comparative approach” to the theory of justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

In line with Christopher Preston’s argument in the introduction to this volume, I argue here that, although it is helpful to identify potential injustices associated with SRM, it is also crucial both to evaluate how SRM compares to other available options and to consider empirical conditions under which deployment might occur. In arguing for this view, I rely on a distinction between two types of question: (1) whether SRM would produce just or unjust outcomes in some case and (2) whether (...) it would be just to deploy SRM in that same case. The former question pertains to whether some distribution of benefits and burdens is morally good or bad, whereas the latter pertains to whether some action or policy is morally permissible, impermissible, or obligatory. Although related, these two uses of justice do not come to the same thing. It may be that some climate policy involving SRM carries risks of substantial distributive injustice and yet is permissible or even obligatory. This is because, as I argue, considering what would be just to do should be comparative, taking into consideration both empirical conditions and the morally valuable and disvaluable features of alternative climate policies. (shrink)

Many of the most influential theorists of linguistic justice make arguments on the basis of comparisons between language and religion. They claim either that (1) language, by contrast with religion, cannot be separated from the state or that (2) unequal official linguistic recognition, just like unequal official religious recognition, is morally problematic. This article argues that careful attention to debates about liberalism and the place of religion in public life invites us to question the two above-mentioned liberal assumptions about (...) religion underlying many arguments concerning linguistic justice based on (dis)analogies between language and religion. The hope is that such critical scrutiny is likely to shed some light on normative questions of linguistic justice, more precisely on questions about the legitimacy of granting more recognition to certain languages, usually those of national native groups (as opposed to groups resulting from more or less recent immigration). (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

As political theorists address the parochial foundations of their field, engagement with the Indigenous traditions of Turtle Island is overdue. This article argues that theorists should approach such engagement with caution. Indigenous nations’ politics of knowledge production may differ from those of de-parochializing political theorists. Some Indigenous communities, in response to violent histories of knowledge extraction, have developed practices of refusal. The contemporary movement of resurgence engages Indigenous traditions of political thought toward the end of promoting Indigenous intellectual and political (...) sovereignty and self-determination. These practices demonstrate a commitment to epistemic justice that is imperfectly aligned with, and potentially opposed to, inclusion-oriented projects like comparative political theory. If political theorists are to de-parochialize political theory by incorporating Indigenous traditions, they must do so in ways that are respectful of Indigenous peoples’ own struggles for epistemic justice. This can be achieved by drawing on and deepening practices of reflexivity exhibited in leading comparative political theory scholarship, and by allowing Indigenous treaty relationships to set the terms of the encounter. (shrink)

Transitional justice scholars are increasingly concerned with measuring the impact of transitional justice initiatives. Scholars often assume that TJ mechanisms must be properly designed and ordered to achieve lasting effect, but the impact of TJ timing and sequencing has attracted relatively little theoretical or empirical attention. Focusing on Latin America, this article explores variation within the region as to when TJ occurs and the order in which mechanisms are implemented. We utilize qualitative comparative analysis to assess the (...) impact of TJ timing and sequencing on democratic development. We find little evidence for path dependency owing to the chronological order of mechanisms. We do find, however, that amnesties and trials approach a sufficient condition for democratic consolidation in Latin America; trials, however, come closest to being a necessary condition for successful democratic consolidation. (shrink)

When we make public policy choices, is it helpful to know how utopia would look? Amartya Sen argues that it is neither necessary, nor sufficient, nor even contributory. He claims that before making a policy choice one should compare several feasible institutional designs to see which promotes justice most, and that it is misleading to use the perfect design as a standard in those comparisons. Principles of justice are the proper standard. The present article contends that the perfect (...) design has nevertheless an important role to play in the prior task of identifying and refining our principles of justice. It also shows that the perfect design—in at least one sense of this term—may be a legitimate long-term goal for present policy choices. (shrink)

Big Data evangelists often argue that algorithms make decision-making more informed and objective—a promise hotly contested by critics of these technologies. Yet, to date, most of the debate has focused on the instruments themselves, rather than on how they are used. This article addresses this lack by examining the actual practices surrounding algorithmic technologies. Specifically, drawing on multi-sited ethnographic data, I compare how algorithms are used and interpreted in two institutional contexts with markedly different characteristics: web journalism and criminal (...) class='Hi'>justice. I find that there are surprising similarities in how web journalists and legal professionals use algorithms in their work. In both cases, I document a gap between the intended and actual effects of algorithms—a process I analyze as “decoupling.” Second, I identify a gamut of buffering strategies used by both web journalists and legal professionals to minimize the impact of algorithms in their daily work. Those include foot-dragging, gaming, and open critique. Of course, these similarities do not exhaust the differences between the two cases, which are explored in the discussion section. I conclude with a call for further ethnographic work on algorithms in practice as an important empirical check against the dominant rhetoric of algorithmic power. (shrink)

This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation (...) of Rawls. Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

This paper argues that a comparative study of the idea of a sense of justice in the work of John Rawls and the early Chinese philosopher Kongzi is mutually beneficial to our understanding of the thought of both figures. It also aims to provide an example of the relevance of moral psychology for basic questions in political philosophy. The paper offers an analysis of Rawls’s account of a sense of justice and its place within his theory of (...) justice, focusing on the features of this capacity and how it develops. It then provides an account of the sense of justice in Kongzi’s thought as it is seen in the Analects. Finally, it shows how examining the similarities and differences between the two accounts can deepen our understanding of both views, as well as our appreciation for the importance of understanding how a sense of justice develops. (shrink)

This paper compares different normative and institutional paradigms of journalism with respect to peaceful conflict resolution and democratic communication. It begins with the problematic but still dominant 'regime of objectivity,' and then considers three contemporary challengers: peace journalism, alternative media, and media democratization/communication rights movements. The paradigms are compared in terms of such factors as public philosophy, epistemological assumptions, characteristic practices, institutional entailments, relationship to dominant institutions and power structures, allies and opponents, and antagonisms and synergies between them. I conclude (...) that while peace journalism is a promising initiative, it could gain traction by exploring synergies with the other challenger paradigms. (shrink)

A Comparative Study of Social and Political Implications of Concepts of Justice and Dharma The similarity between social and political ideas of Plato and ...

Amartya Sen’s comparative approach to justice makes clear that notions of justice are shaped by human agency and experience, and both his focus on the ‘internal view’ of well-being that emphasizes suffering as a central feature of illness and his recognition that social and cultural factors shape perceived injustice are critical to this approach. However, Sen questionably depicts the contributions of anthropological research to this project as limited to ‘the sensory dimension of ill-health.’ Focusing on mental health (...) in the context of global justice, I argue that Sen’s treatise on justice can be refined through an ethnographic method that synchronizes attention to (1) cultural knowledge and social relations in ecological settings; (2) fundamental human needs; and (3) levels of analytic specificity involving situations, categories, and events. This method integrates analysis of internal phenomenology and external constraints of political economy and ideology. To demonstrate I discuss three cases involving students and violence in Rio de Janeiro, women and witchcraft in Ghana, and historical migration and war trauma among Vietnamese immigrants in which external conditions of insecurity and inequality contributed to deteriorating mental health conditions including depression, trauma, and debilitating anxiety. (shrink)

This volume consists of nine substantial papers and an introduction by the editors on justice and health care. The first five papers are primarily concerned with the state of health care in the USA while the authors of the remaining papers address issues related to Canadian and European systems of health care.

Debates about the possibility of an open culture - or indeed about the possibility of an open debate about the openness of culture - often turn on questions of standards. But since no benchmark can be absolute, judgement is a proliferation of comparisons.Through a series of case studies in everyday and academic comparison (literature, history, politics, philosophy), Haun Saussy calls out the typical vices of comparison and proposes ways to unseat them. For however much it is abused, distorted, and manipulated, (...) comparison retains an essential link to the idea of justice. (shrink)

Limited resources and rationing are "buzz words" today in health care across the globe. This book, a collection of essays that discuss particular problems relating to health care allocation in the light of experiences drawn from a number of jurisdictions, is thus a timely publication.

This article offers a descriptive and analytic view of the different stages leading to the constitution of a corpus that is representative of the issues of climate and energy justice. Overall, the corpus contains over five million words and gathers reports, newsletters and web-pages dealing with the most equitable ways of moving to a low-carbon future in the aim of limiting climate change. It can be divided into six sub-corpora, according to types of discourse communities, and methods of constitution. (...) We begin by presenting the small Do It Yourself (DIY) corpora which were used as a starting point. Three discourse communities were selected to observe possible variation in their treatment of the issue: Non-Governmental Organisations (NGOs), United-Nation institutions, and the Renewable Energy Sector (RES). The sources are selected according to author, date, keywords in title. Using the concordance Antconc and WMatrix software we test the reliability of the corpora for their thematic content, terminology and lexical unit classification. Our first results enable us to confirm variation between the discourse communities. The discrepancy in sizes and the time-consuming nature of the initial DIY corpus constitution lead us to use BootCat to extend them, using keywords from the corpora as seeds to retrieve and download webpages. We thus contrast a more traditional approach to corpus building to web-as-corpus data gathering methods. We compare the results found in the BootCat corpora to test if they are as specific as those in the DIY corpora. This enables us to draw conclusions on the possible uses and advantages of relatively small corpora for the study of specialised discourse. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better (...) understanding where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

Intervencions a càrrec de Ronald J. Allen i Susan Haack sobre diferents idees del pensament de Michele Taruffo.

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

Human capital is that body of skills, knowledge, or dispositions that enhances the value of individuals’ contributions to economic production. Because human capital is both a byproduct of, and an important ingredient in, cooperative productive activities, it is subject to demands of justice. Here I consider what comparative justice in human capital benefits and burdens amounts to, with a special concern for the place of equality in allocating such burdens and benefits. Identifying these demands is complicated by (...) the fact that human capital is not discretely produced or exploited, making it difficult to envision human capital justice in historical terms. I defend a non-historical alternative that (I contend) both distributive and relational egalitarians can embrace, namely that that an allocation of human capital burdens and benefits is just only if under that distribution, no individual prefers another’s ledger of benefits and burdens to her own. (shrink)

The idea that transnational dynamics challenge the regulatory capacity of the state has hardly ever received as much attention as in contemporary debates. Different voices denounce the crisis of the state and advocate the establishment of supranational institutions with legally coercive power. It is tempting to jump to the conclusion that these voices are concerned with the same cluster of problems. We think that one should resist this temptation. Firstly, not all the problems pointed out by the advocates of supranational (...) sovereignty are of the same kind and structure. Some concern the need to limit the power of states, whereas others address the almost opposite necessity to support and strengthen their problem-solving capacity through forms of international regulation. Secondly, the corresponding solutions are different. In particular, although they may all imply the establishment of supranational institutions, not all such institutions need be global. The creation of a full-blown global rule of criminal law, for instance, would raise serious concerns of global despotism and cultural imperialism, and we therefore make a case for regional and context-sensitive solutions in this case. However, problems of supranational socioeconomic justice can only be addressed through global regulatory institutions, for regional institutions would, in this case, only recreate current problems at the interregional level. (shrink)

It is widely recognized that changes are occurring to the earth’s climate and, further, that these changes threaten important human interests. This raises the question of who should bear the burdens of addressing global climate change. This paper aims to provide an answer to this question. To do so it focuses on the principle that those who cause the problem are morally responsible for solving it (the ‘polluterpays’ principle). It argues thatwhilethishasconsiderable appeal it cannot provide a complete account of who (...) should bear the burdens of global climate change. It proposes three ways in which this principle needs to be supplemented, and compares the resulting moral theory with the principle of ‘common but differentiated responsibility’. (shrink)

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles (...) of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach. (shrink)

The reproductive justice movement started by black women’s rights activists made its way into the academic literature as an intersectional approach to women’s reproductive autonomy. While there are many scholars who now employ the term ‘reproductive justice’ in their research, few have taken up the task of explaining what ‘justice’ entails in reproductive justice. In this paper I take up part of this work and attempt to clarify the relevant kind of freedom an adequate theory of (...) reproductive justice would postulate. To do so, I compare two approaches to reproductive freedom: an approach based on freedom as non‐interference and an approach based on freedom as non‐domination. I then argue that the non‐domination approach better fits the ideals of the reproductive justice movement as set forth by its founders and should be treated as one of the necessary conditions in any non‐ideal account of reproductive justice. Towards the end, I single out epistemic non‐domination as crucial in shaping the narrative around reproductive justice. (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

In Ethics for a Broken World : Imagining Philosophy after Catastrophe, Tim Mulgan applies a number of influential moral and political theories to a “broken world ”: a world of environmental catastrophe in which resources are insufficient to meet everyone’s basic needs. This paper shows that John Rawls’ conception of justice as fairness has very different implications for a broken world than Mulgan suggests it does. §1 briefly summarizes Rawls’ conception of justice, including how Rawls uses a hypothetical (...) model – the “original position” – to argue for principles of justice. §2 explains how Mulgan uses a variation of Rawls’ original position – a broken original position – to argue that justice as fairness requires a “fair survival lottery” in a broken world. §3 shows that the parties to a broken original position have reasons not to agree to such a survival lottery. §4 then shows that Mulgan’s argument hangs upon a false assumption: that there are no viable options to adopt in a broken world besides some kind of survival lottery. Finally, §5 shows that the parties to a broken original position would instead rationally agree to a scheme of equal rights and opportunities to earn or forfeit shares of scarce resources on the basis of each person’s comparative contribution to human survival. (shrink)

This book explores the various aspects of social justice--to each according to his rights, to each acording to his desert, and to each according to his need--comparing the writings of Hume, Spencer, and Kropotkin. Miller demonstrates that there are radical differences in outlook on social justice between societies, and that these differences can be explained by reference to features of the social structure.

The purpose of this study is to compare and contrast the basic ethical values underpinning national health care policies in the United States and Canada. We use the framework of ethical theory to name and elaborate ethical values and to facilitate moral reflection about health care reform. Section one describes historical and contemporary social contract theories and clarifies the ethical values associated with them. Sections two and three show that health care debates and health care systems in both countries reflect (...) the values of this tradition; however, each nation interprets the tradition differently. In the U.S., standards of justice for health care are conceived as a voluntary agreement reached by self-interested parties. Canadians, by contrast, interpret the same justice tradition as placing greater emphasis on concern for others and for the community. The final section draws out the implications of these differences for future U.S. and Canadian health care reforms. (shrink)

Serena Olsaretti brings together new essays by leading moral and political philosophers on the nature of desert and justice, their relations with each other and with other values.

This paper explores both differences and points of contact between selected contemporary theories of public ethics in the West and China. China is in a greater state of flux in this connection, with new, eclectic approaches to ethical justification for moral agency gaining prominence. There are thematic parallels between East and West in their distinct strains of institutionalism . However, there are recent Chinese theoretical proposals – many incorporating Western sources – that address this quandary, namely the institutional overdetermination of (...) moral agency. These proposals are joined to contributions from feminist and liberation ethics in a critical reconsideration of overridingness in formal ethics. Contemporary Chinese ethics connect moral claims to kin, community, and reciprocity networks, particularly as traditional philosophy is recovered in new theoretical syntheses. The grounding of Confucian ethics i.. (shrink)

This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy in (...) the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. In the research sample, the German Federal Court of Justice was more inclined to introduce legal institutions that were foreign to the statutes and rule against the will of the lawmaker explicitly stated in the preparatory works. On the other hand, the Polish Supreme Court used logical conclusions more often, but did not also refrain from passing rulings against the clear wording of the statutory law, and was just as willing to go beyond the wording of the law as was the German Federal Court of Justice. Notably, only the German apex court is willing to openly admit that it creates new legal norms, whereas the Polish Supreme Court does not concede in the reasons that its decisions are of a law-making nature, especially when it applies so-called “interpretation in the wider sense”—which is, in essence, a “concealed” way of creating new legal norms. (shrink)

현대 정의관 논의들에 대해 롤즈(John Rawls)의 『정의론』(1971)이 갖는 영향력은 지대하다. 이러한 영향력을 가장 잘 보여주는 것이, 국내 사회를 배경으로 하는 정의론이든 전지구적(global) 사회에서의 정의론이든 관계없이 대부분의 현대 정의론이 제도(institution) 중심적 논의들이라는 점이다. 본 논문의 목적은 세계화 시대의 전지구적 정의관으로 센(Amartya Sen)의 자기실현적 접근(self-realization approach)을 통한 비교적 정의관(comparative perspective of justice)이 보완된 형태로 제시된다면, 롤즈에 기반을 둔 기존의 제도 중심적 정의관보다 이론적으로 더 체계적일 뿐만 아니라 실질적으로도 더 효과적임을 보이는 것이다. 정의 실현을 위해서는 제도적 차원에서의 정의뿐만 아니라 개인적 차원, (...) 즉 비제도적 측면에서의 정의 실현이 이루어져야 하는데, 합당한 다원주의 (reasonable pluralism)를 넘어 단순한(simple) 다원주의마저 공존하는 전지구적 사회, 즉 공통의 문화와 인식이 부재한 사회에서는 모든 인간이 가진 행위주체성(agency)에 토대를 둔 공적 추론(public reasoning)을 통해 부정의를 발견하고 제거하는 자기실현적 활동 아래, 조금씩 정의에 접근해 나가는 비교적 정의관이 더욱 효과적이고 실질적이다. 이러한 센의 비교적 정의관이 현실성(feasibility)을 확보할 수 있는 논의가 되기 위해서는, 개인적 차원에서의 자기실현이 각자의 실천적 정체성 구현이라는 규범성(normativity) 논의를 통해 개인들의 적극적인 실천을 도모할 수 있다는 논의, 그리고 현대 과학기술이 가져온 전 지구적 네트워크로 인해 자신의 작은 실천이 무기력하지 않고 전지구적으로 연대를 하게 하여 실질적인 부정의 제거의 효과를 가져 올 수 있다는 동기부여 논의를 보완할 필요가 있다. 이러한 보완은 센의 자기실현적 접근을 통한 비교적 정의관이 전지구화 시대에 보다 적합하고 현실성 있는 논의가 되게 할 것이다. (shrink)

Amartya Sen argues that for the advancement of justice identification of ‘perfect’ justice is neither necessary nor sufficient. He replaces ‘perfect’ justice with comparative justice. Comparative justice limits itself to comparing social states with respect to degrees of justice. Sen’s central thesis is that identifying ‘perfect’ justice and comparing imperfect social states are ‘analytically disjoined’. This essay refutes Sen’s thesis by demonstrating that to be able to make adequate comparisons we need (...) to identify and integrate criteria of comparison. This is precisely the aim of a theory of justice (such as John Rawls’s theory): identifying, integrating and ordering relevant principles of justice. The same integrated criteria that determine ‘perfect’ justice are needed to be able to adequately compare imperfect social states. Sen’s alternative approach, which is based on social choice theory, is incapable of avoiding contrary, indeterminate or incoherent directives where plural principles of justice conflict. (shrink)