Reparations for Racism
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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. -
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. -
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 • -
CONSEQUENTIALISM, the SEPARATENESS of PERSONS, and AGGREGATION1 David O
Forthcoming in The Oxford Handbook of Consequentialism, ed. D. Portmore (New York: Oxford University Press, 2020) CONSEQUENTIALISM, THE SEPARATENESS OF PERSONS, AND AGGREGATION1 David O. Brink University of California, San Diego Abstract: This essay reconstructs and assesses claims that utilitarianism and, more generally, consequentialism have inadequate conceptions of distributive justice, because their aggregative character ignores the separateness of persons. On this view, the separateness of persons requires a fundamentally anti-aggregative conception of distributive justice. Even if this objection applies to some forms of utilitarianism, it won’t apply to forms of consequentialism that recognize some conception of distributive justice as an important non-derivative good. Moreover, the separateness of persons poses, rather than resolves, questions about the role of aggregation within distributive justice. This essay explores the adequacy of some consequentialist answers to these questions and defends selective, rather than unrestricted, aggregation. Keywords: aggregation, consequentialism, contractualism, distributive justice, egalitarianism, separateness of persons, sorites, transitivity, utilitarianism Utilitarianism is a consequentialist moral theory that takes the good to be promoted — in one formulation, maximized — to be the general happiness or welfare. It takes everyone's interests into account by aggregating their interests, balancing benefits to some against harms to others, as necessary, so as to produce the best total outcome. This conception of impartiality is aggregative and permits interpersonal balancing of benefits and harms. But some critics of utilitarianism claim that whereas balancing goods and harms within a life might be acceptable, balancing goods and harms across lives is impermissible. This is because of the separateness of persons. Intrapersonal balancing recognizes the separateness of persons, because in that case there is compensation; benefactor and beneficiary are the same person. -
1 DISTRIBUTIVE JUSTICE and the LAW of PEOPLES Samuel
DISTRIBUTIVE JUSTICE AND THE LAW OF PEOPLES Samuel Freeman, University of Pennsylvania Part I: Background A Theory of Justice says that the distribution of income and wealth within a society is just when laws and economic institutions are designed so as to maximally benefit the least advantaged members of that same society. This standard for domestic distributive justice is to apply worldwide, to determine just distributions in every society in the world. In this regard Rawls has an account of global distributive justice. But he does not have, and he does not endorse, a global distribution principle. The difference principle applies globally, within each society, but it is not global in reach. Neither Political Liberalism nor The Law of Peoples retracts or alters this position. The primary focus of political liberalism is not ideal justice, but liberal legitimacy. It implies that laws regulating distributions in a democratic society can be legitimate, hence worthy of respect, even if they are not wholly just.1 Unlike the basic liberties and their priority, the difference principle is not required by liberal legitimacy; for legitimacy it suffices that a liberal society provide an adequate social minimum (adequate to free and equal persons’ realizing the moral powers and effectively exercising the equal basic liberties). The difference principle is one among several standards that pass the legitimacy test, all of which meet the criterion of reciprocity and the requirements of public reason. A society which protects the basic liberties and their priority, and affords equal opportunities and an adequate social minimum is 1 For Rawls’s distinction between the aims of TJ and PL, Cf. -
The Importance of Outcome Fairness: Revisiting the Role of Distributive Justice
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Scholar Commons - Institutional Repository of the University of South Carolina University of South Carolina Scholar Commons Theses and Dissertations 2018 The mpI ortance of Outcome Fairness: Revisiting the Role of Distributive Justice Kyle McLean University of South Carolina Follow this and additional works at: https://scholarcommons.sc.edu/etd Part of the Criminology and Criminal Justice Commons Recommended Citation McLean, K.(2018). The Importance of Outcome Fairness: Revisiting the Role of Distributive Justice. (Doctoral dissertation). Retrieved from https://scholarcommons.sc.edu/etd/4579 This Open Access Dissertation is brought to you by Scholar Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. The Importance of Outcome Fairness: Revisiting the Role of Distributive Justice by Kyle McLean Bachelor of Science Appalachian State University, 2012 Master of Arts University of South Carolina, 2014 Submitted in Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy in Criminology and Criminal Justice College of Arts and Sciences University of South Carolina 2018 Accepted by: Scott E. Wolfe, Major Professor Geoffrey P. Alpert, Committee Member Deena Isom, Committee Member Barry Markovsky, Committee Member Cheryl L. Addy, Vice Provost and Dean of the Graduate School © Copyright by Kyle McLean, 2018 All Rights Reserved. ii DEDICATION For Jessica and Molly. You are my strength and my inspiration. iii ACKNOWLEDGEMENTS This dissertation would not have been possible without a great many people. -
Distributive Justice and Social Policy: a Case Study
DISTRIBUTIVE JUSTICE AND SOCIAL POLICY: A CASE STUDY BY SUSAN MARIE SWIDER B.S.N., DePaul University, 1979 M.S., University of Illinois at Chicago, 1983 THESIS Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Nursing Sciences in the Graduate College of the University of Illinois at Chicago, 1988 Chi cago, Illinoi s F ~ .......... Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. THE UNIVERSITY OF ILLINOIS AT CHICAGO The Graduate College /baAiJ /J>; / / / / ____________ I hereby recommend that the thesis prepared under my supervision by Susan M. Swider entitled Distributive Justice and Social Policy: A Case Study be accepted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Committee Final Examination UNIVERSITY or ILLINOIS AT CHICAGO D517 Rev. 1/87 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGMENT I would like to thank the members of my dissertation committee for their assistance and encouragement: Dr. Wendy Young, Dr. Dorothy Camilleri, Dr. Olga Church, and Dr. J. Warren Salmon. I also appre ciated the chance to work with the faculty and graduate students of the Women's Health Group at the College of Nursing, University of Illinois at Chicago, who provided a supportive environment for testing out new ideas and asking new questions. I am grateful for the love and support I received from my many friends during the process of my graduate studies, especially Tonda Hughes, Deborah Perils, and Bill Kabat, who had faith in me and expressed it frequently, as needed.