Feeling the absence of justice : notes on our pathological reliance on punitive justice

Howard Journal of Crime and Justice (forthcoming)
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Abstract

This paper critically examines our relationship with justice in contemporary western liberal settings, with a particular focus on why our pursuit of justice is intimately entangled with punitive logics. It does so by defining this approach to justice as predominantly pathological, in the sense that it follows a logic that is akin to that displayed in our contemporary sensibilities regarding bodily pain. We deploy the concept of ‘dys-appearance’ used by Drew Leder in the context of his theory of embodiment to discuss how, in western liberal societies, justice is primarily experienced and paid attention to when it appears negatively as a phenomenon; that is, we only become conscious of justice in our lived experiences through the painful and episodic experience of injustice. This phenomenological quality of justice, we argue, is intrinsically linked to how the pursuit of justice in these settings predominantly takes a hostile, punitive aspect.

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References found in this work

Responsibility for Justice.Iris Marion Young - 2011 - , US: Oxford University Press USA.
The Absent Body.Drew Leder - 1990 - University of Chicago Press.
The Body in Pain: The Making and Unmaking of the World.Elaine Scarry - 1985 - New York: Oxford University Press USA.

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