The Theory of Justice As Fairness from Rawls to Sen
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Social Justice in an Open World – the Role Of
E c o n o m i c & Social Affairs The International Forum for Social Development Social Justice in an Open World The Role of the United Nations Sales No. E.06.IV.2 ISBN 92-1-130249-5 05-62917—January 2006—2,000 United Nations ST/ESA/305 DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS Division for Social Policy and Development The International Forum for Social Development Social Justice in an Open World The Role of the United Nations asdf United Nations New York, 2006 DESA The Department of Economic and Social Affairs of the United Nations Secretariat is a vital interface between global policies in the economic, social and environmental spheres and national action. The Department works in three main interlinked areas: (i) it compiles, generates and analyses a wide range of economic, social and environ- mental data and information on which States Members of the United Nations draw to review common problems and to take stock of policy options; (ii) it facilitates the negotiations of Member States in many intergovernmental bodies on joint course of action to address ongoing or emerging global challenges; and (iii) it advises inter- ested Governments on the ways and means of translating policy frameworks devel- oped in United Nations conferences and summits into programmes at the country level and, through technical assistance, helps build national capacities. Note The views expressed in this publication do not necessarily reflect those of the United Nations. The designations employed and the presentation of the mate- rial do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country or territory or of its authorities, or concerning the delimitations of its frontiers. -
The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, Report Was Prepared by the World Justice Project
World Justice .:�=; Project World Justice Project ® Rule of Law Index 2020 The World Justice Project Rule The World Justice Project of Law Index® 2020 The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, report was prepared by the World Justice Project. Kamel Ayadi, William C. Hubbard, Hassan Bubacar The Index’s conceptual framework and methodology Jallow, Suet-Fern Lee, Mondli Makhanya, Margaret were developed by Juan Carlos Botero, Mark David McKeown, William H. Neukom, John Nery, Ellen Agrast, and Alejandro Ponce. Data collection and Gracie Northfleet, James R. Silkenat and Petar Stoyanov. analysis for the 2020 report was performed by Lindsey Bock, Erin Campbell, Alicia Evangelides, Emma Frerichs, Directors Emeritus: President Dr. Ashraf Ghani Ahmadzai Joshua Fuller, Amy Gryskiewicz, Camilo Gutiérrez Patiño, Matthew Harman, Alexa Hopkins, Ayyub Officers: Mark D. Agrast, Vice President; Deborah Ibrahim, Sarah Chamness Long, Rachel L. Martin, Jorge Enix-Ross, Vice President; Nancy Ward, Vice A. Morales, Alejandro Ponce, Natalia Rodríguez President; William C. Hubbard, Chairman of the Cajamarca, Leslie Solís Saravia, Rebecca Silvas, and Board; Gerold W. Libby, General Counsel and Adriana Stephan, with the assistance of Claudia Secretary; William H. Neukom, Founder and CEO; Bobadilla, Gabriel Hearn-Desautels, Maura McCrary, James R. Silkenat, Director and Treasurer. Emma Poplack, and Francesca Tinucci. The report was produced under the executive direction of Elizabeth Executive Director: Elizabeth Andersen Andersen. Chief Research Officer: Alejandro Ponce Lead graphic designer for this report was Priyanka Khosla, with assistance from Courtney Babcock. The WJP Rule of Law Index 2020 report was made possible by the generous supporters of the work of the Lead website designer was Pitch Interactive, with World Justice Project listed in this report on page 203. -
Transitional Justice As a Path to Distributive Justice: a Jurisprudential and Legal Case for Land Restitution in Kenya
Transitional Justice as a Path to Distributive Justice: A Jurisprudential and Legal Case for Land Restitution in Kenya Claude Kamau* Abstract Rawls’ theory of distributive justice may serve as a useful model in conceptual- izing a model of the ideal political economy – one that seeks to keep inequalities that have come about as a result of natural accident to a minimum. Moreover, his principles of justice can be used correctively, to address institutional inequalities that have the effect of entrenching social dislocation. Kenya has, over the decades up until now, been riven by injustices relating to land. This has led to the develop- ment of a small cluster of landed elites while the majority of citizens are effectively denied land access rights. This is regardless of the fact that most of the land so acquired by the former was acquired irregularly and with disregard of bona fide title of the original occupants. The concept and process of transitional justice may be viewed as the vehicle toward attaining corrective justice and accountability for offences committed in times of national crisis as a restorative measure. I. Introduction Kenya, being a constitutional democracy,1 is necessarily apt for an analysis of its political economy against the minimum standards imposed by the Consti- tution. The letter of the Constitution (and of the laws that have been legislated under it) is clear. The question this contribution addresses itself to is whether its * The author is a student at Strathmore Law School in Nairobi, Kenya. 1 It is noteworthy that Rawls models his theory against the political constitution of a constitutional democracy. -
Hume's Theory of Justice*
RMM Vol. 5, 2014, 47–63 Special Topic: Can the Social Contract Be Signed by an Invisible Hand? http://www.rmm-journal.de/ Horacio Spector Hume’s Theory of Justice* Abstract: Hume developed an original and revolutionary theoretical paradigm for explaining the spontaneous emergence of the classic conventions of justice—stable possession, trans- ference of property by consent, and the obligation to fulfill promises. In a scenario of scarce external resources, Hume’s central idea is that the development of the rules of jus- tice responds to a sense of common interest that progressively tames the destructiveness of natural self-love and expands the action of natural moral sentiments. By handling conceptual tools that anticipated game theory for centuries, Hume was able to break with rationalism, the natural law school, and Hobbes’s contractarianism. Unlike natu- ral moral sentiments, the sense of justice is valuable and reaches full strength within a general plan or system of actions. However, unlike game theory, Hume does not assume that people have transparent access to the their own motivations and the inner structure of the social world. In contrast, he blends ideas such as cognitive delusion, learning by experience and coordination to construct a theory that still deserves careful discussion, even though it resists classification under contemporary headings. Keywords: Hume, justice, property, fictionalism, convention, contractarianism. 1. Introduction In the Treatise (Hume 1978; in the following cited as T followed by page num- bers) and the Enquiry concerning the Principles of Morals (Hume 1983; cited as E followed by page numbers)1 Hume discusses the morality of justice by using a revolutionary method that displays the foundation of justice in social utility and the progression of mankind. -
Treatise of Human Nature Book III: Morals
Treatise of Human Nature Book III: Morals David Hume 1740 Copyright © Jonathan Bennett 2017. All rights reserved [Brackets] enclose editorial explanations. Small ·dots· enclose material that has been added, but can be read as though it were part of the original text. Occasional •bullets, and also indenting of passages that are not quotations, are meant as aids to grasping the structure of a sentence or a thought. Every four-point ellipsis . indicates the omission of a brief passage that seems to present more difficulty than it is worth. Longer omissions are described, between brackets, in normal-sized type. First launched: October 2008 Contents Part i: Virtue and vice in general 234 1: Moral distinctions aren’t derived from reason.......................................... 234 2: Moral distinctions are derived from a moral sense...................................... 242 Part ii: Justice and injustice 246 1: Justice natural or artificial?................................................... 246 2: The origin of justice and property................................................ 250 3: The rules that settle who owns what.............................................. 260 4: The transference of property by consent............................................ 266 5: The obligation of promises..................................................... 267 6: Further thoughts about justice and injustice......................................... 272 Treatise III David Hume 7: The origin of government..................................................... 275 -
John Rawls' Theory of Justice As Fairness
ANDREAS FOLLESDAL 20121025 John Rawls' Theory of Justice as Fairness Approximately as appears in Guttorm Floistad, ed. Philosophy of Justice, Contemporary Philosophy, Springer 2014, 311-328 When do citizens have a moral duty to obey the government and support the institutions of society?1 This question is central to political philosophy. One of the 20 century's main response was John Rawls' theory of justice, "Justice as fairness", in the book A Theory of Justice, published 1971. The book Justice as Fairness was an improved and shorter presentation of Rawls' theory, published 2001 with editorial support by Erin Kelly, one of his former students. When asked how rights, duties, benefits and burdens should be distributed, the ideals of freedom and equality often conflict with each other. In domestic politics we often see such conflicts between calls for more individual freedoms and schemes for universal, egalitarian welfare arrangements. It is such conflict between liberty and equality that Rawls attempts to reconcile with his theory of justice. There are three main steps in Rawls' theory of justice. He assumes certain features characteristic of free societies, as well as some specific ideas about how society and people should be understood. Rawls believes that even people with different beliefs can agree with some principles to resolve basic conflicts over the distributional effects of social institutions. Secondly, he draws on the contract theory tradition in political philosophy, arguing that consent in some sense is necessary for the legitimate exercise of state power. Based on the requirement of consent, in a third step Rawls presents certain principles for a just society that citizens should be expected to support. -
Rawlsian Reflective Equilibrium
T.V. Cunningham draft of 02.13.2014 – please do not quote w/o permission Rawslian Reflective Equilibrium Rawlsian Reflective Equilibrium Abstract: This paper proposes a Rawlsian conception of moral justification as a social activity. Through a close reading, Rawls’ view of ethical justification is shown to be significantly more dialogical and deliberative than is commonly appreciated. The result is a view that emphasizes the social nature of ethical justification and identifies information sharing between persons as the crux of justification in metaethics, in contrast to normative ethics. I call it Rawlsian reflective equilibrium to distinguish it from other varieties. Keywords: reflective equilibrium, moral justification, deliberation, Rawls Word Count: 3,327 1. Reflective Equilibrium and its Discontents Reflective equilibrium (RE) is a popular1 procedural account of moral and ethical justification.2 RE requires that an agent (i) begins in a state with certain initial moral judgments; (ii) proceeds to prune these based on her logico-empirical standards, resulting in a set of considered moral judgments; (iii) adduces moral principles that explicate those judgments; (iv) brings the set of judgments and principles into coherence by selecting among the members of the united set, according to the criterion of maximal consistency; and, (v) brings this latter set into maximal coherence with other relevant background theories (following DePaul 1993, 16-23). Despite its popularity, RE has received ample criticism. The general issue lies with the method’s apparent circularity: RE appears to rest entirely upon the judgments and principles adopted by the agent instantiating it, so whatever judgments, principles, or intuitions she begins with biases the composition of the “justified” set at equilibrium (e.g., Haslett 1987, 307). -
Justice As Fairness, Legitimacy, and the Question of Judicial Review: a Comment
Fordham Law Review Volume 72 Issue 5 Article 4 2004 Justice as Fairness, Legitimacy, and the Question of Judicial Review: A Comment Frank I. Michelman Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Frank I. Michelman, Justice as Fairness, Legitimacy, and the Question of Judicial Review: A Comment, 72 Fordham L. Rev. 1407 (2004). Available at: https://ir.lawnet.fordham.edu/flr/vol72/iss5/4 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. THE CONSTITUTIONAL ESSENTIALS OF POLITICAL LIBERALISM JUSTICE AS FAIRNESS, LEGITIMACY, AND THE QUESTION OF JUDICIAL REVIEW: A COMMENT Frank L Michelman* INTRODUCTION My aims in this Comment are modest and primarily exegetical: to assemble what John Rawls says about the question of judicial review, and to resolve two apparent puzzles posed by his remarks bearing on this question. The remarks I have in mind are all found in Rawls's book Political Liberalism,' mainly in Sections 52 and 63 ("The Idea of Constitutional Essentials" and "The Supreme Court as Exemplar of Public Reason") of Lecture VI ("The Idea of Public Reason").4 It is chiefly in these pages that Rawls reflects on whether and how judicial review may comport with a certain political conception of justice,' namely, the one he calls6 "justice as fairness" and commends as morally apt for our society. -
Holistic Retributivism
Holistic Retributivism Douglas Husakt I INTRODUCTION Many contemporary liberals make relatively little use of the concept of desert in their conceptions of distributive justice. By contrast, the con- cept of desert is absolutely central to their views about the justification of criminal punishment. Are they consistent? Samuel Scheffler hopes to find a plausible rationale for the asymmetric role played by desert in theories of distributive and retributive justice.' According to Scheffler, good reasons can be found to "de-emphasize desert in relation to distributive justice while retaining it as an element of our thinking about ... retributive justice and the function of the criminal law. 2 Why do contemporary liberals "de-emphasize" desert in their theories of distributive justice?3 The key to Scheffler's answer is that "there is a fundamental difference between the justificatory bases for claims of desert and claims of distributive justice, respectively."4 The justificatory basis for a valid desert claim must be individualistic, whereas distributive justice is holistic. In describing the basis for a desert claim as individualistic, Scheffier means that the fact that provides the basis for the desert claim must be about the person who is the subject of that claim. In describing distributive justice as holistic, Scheffler means that the justice of any assignment of benefits to particular persons always depends on the justice of the larger distribution of benefits in society. Copyright © 2000 California Law Review, Inc. California Law Review, Incorporated (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t' Professor of Philosophy, Rutgers University. -
Introduction to Criminology
PART 1 © Nevarpp/iStockphoto/Getty Images Introduction to Criminology CHAPTER 1 Crime and Criminology. 3 CHAPTER 2 The Incidence of Crime . 35 1 © Tithi Luadthong/Shutterstock CHAPTER 1 Crime and Criminology Crime and the fear of crime have permeated the fabric of American life. —Warren E. Burger, Chief Justice, U.S. Supreme Court1 Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. —Bertrand Russell2 OBJECTIVES • Define criminology, and understand how this field of study relates to other social science disciplines. Pg. 4 • Understand the meaning of scientific theory and its relationship to research and policy. Pg. 8 • Recognize how the media shape public perceptions of crime. Pg. 19 • Know the criteria for establishing causation, and identify the attributes of good research. Pg. 13 • Understand the politics of criminology and the importance of social context. Pg. 18 • Define criminal law, and understand the conflict and consensus perspectives on the law. Pg. 5 • Describe the various schools of criminological theory and the explanations that they provide. Pg. 9 of the public’s concern about the safety of their com- Introduction munities, crime is a perennial political issue that can- Crime is a social phenomenon that commands the didates for political office are compelled to address. attention and energy of the American public. When Dealing with crime commands a substantial por- crime statistics are announced or a particular crime tion of the country’s tax dollars. Criminal justice sys- goes viral, the public demands that “something be tem operations (police, courts, prisons) cost American done.” American citizens are concerned about their taxpayers over $270 billion annually. -
Research Ethics
4/18/2017 Project Team Colleen Owens [email protected] 202-261-5539 Jeanette Hussemann [email protected] Abbey Flynn [email protected] Bending Towards Justice: Hanna Love Perceptions of Justice among Human Trafficking Survivors [email protected] Freedom Network USA Conference Lilly Yu April 5, 2017 [email protected] Project Overview Background Literature • Funded by the National Institute of Justice State and local investigation and prosecution (Farrell et al., 2012) • 85% sex trafficking investigations • 2 year study (January 2016-December 2017) • Low victim self report, low priority, reactive investigations, 35% of victims arrested • Human trafficking laws are not being used • 8 sites, geographically diverse, 80-100 interviews with survivors • 7% sex trafficking charge, 9% sex trafficking of a minor charge and 2% labor of labor and sex trafficking, interviews with criminal and civil trafficking charge (*federal) justice stakeholders, service providers Federal prosecution and restitution (Levy et al., 2014) • Only 36% of victims were ordered restitution Goals of the study: • Half of prosecutors did not order restitution for sex trafficking • Explore human trafficking survivors’ experiences with the justice system and their perceptions of whether and how justice was achieved Labor trafficking (Owens et al., 2014) • Less than half of suspects arrested • Understand whether transitional/restorative justice and procedural justice • DOL fines in one case, restitution rare models might apply together with or separate from criminal prosecutions • -
Mohist Theoretic System: the Rivalry Theory of Confucianism and Interconnections with the Universal Values and Global Sustainability
Cultural and Religious Studies, March 2020, Vol. 8, No. 3, 178-186 doi: 10.17265/2328-2177/2020.03.006 D DAVID PUBLISHING Mohist Theoretic System: The Rivalry Theory of Confucianism and Interconnections With the Universal Values and Global Sustainability SONG Jinzhou East China Normal University, Shanghai, China Mohism was established in the Warring State period for two centuries and half. It is the third biggest schools following Confucianism and Daoism. Mozi (468 B.C.-376 B.C.) was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times. However, Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology. In this article, the author tries to illustrate the three potential functions of Mohism: First, the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China; second, the interconnections with the universal values of the world; third, the biological constructive function for global sustainability. Mohist had the fame of one of two well-known philosophers of his times, Confucian and Mohist. His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han (202 B.C.-220 C.E.) dynasties. Sun Yet-sen (1902) adopted Mohist concepts “to take the world as one community” (tian xia wei gong) as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and “impartial love” (jian ai).