Justice

Edited by Christian Barry (Australian National University)
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  1. Dancing-WIth: A Method for Poetic Social Justice.Joshua M. Hall - forthcoming - In Rebecca L. Farinas, Craig Hanks, Julie C. Van Camp & Aili Bresnahan (eds.), Dance and Philosophy. London:
    This chapter outlines a new theoretical method, which I call “dancing-with,” emerging from the process of writing my dissertation and the book manuscript that followed it. Defined formally, a given theorist X can be said to “dance-with” with a second theorist Y insofar as X “choreographs” an interpretation of Y which is both true to Y and Y’s historical communities, and also meaningful and actionable (i.e. facilitating social justice) for X and X’s historical communities. In this pursuit, the method of (...)
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  2. Ideology, Critique, and Social Structures.Matteo Bianchin - forthcoming - Critical Horizons:1-13.
    On Jaeggi’s reading, the immanent and progressive features of ideology critique are rooted in the connection between its explanatory and its normative tasks. I argue that this claim can be cashed out in terms of the mechanisms involved in a functional explanation of ideology and that stability plays a crucial role in this connection. On this reading, beliefs can be said to be ideological if (a) they have the function of supporting existing social practices, (b) they are the output of (...)
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  3. Justice and Injustice.Lucia M. Rafanelli - manuscript
    Prepared for an online reference volume meant to enable dialogue on shared terms among people in the various fields related to ethics and artificial intelligence (e.g., computer science, political theory, philosophy, law), this piece has two aims. One is to explain to non-specialists what political theorists and philosophers are talking about when we talk about “justice.” The other is to discuss some particular questions of justice implicated by the use of artificial intelligence. The piece also includes a thematically-organized reading list (...)
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  4. Du Bois, Foucault, and Self-Torsion: Criterion of Imprisoned Art.Joshua M. Hall - 2014 - In Joshua M. Hall & Sarah Tyson (eds.), Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration. Lanham, MD 20706, USA: pp. 105-124.
    [First paragraphs: This essay takes its practical orientation from my experiences as a member of a philosophy reading group on death row at Riverbend Maximum Security Penitentiary in Nashville, Tennessee. Its theoretical orientation comes from W. E. B. Du Bois’ lecture-turned-essay, “Criteria of Negro Art,” which argues that the realm of aesthetics is vitally important in the war against racial discrimination in the United States. And since, according to Michele Alexander’s critically-acclaimed The New Jim Crow: Mass Incarceration in the Age (...)
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  5. Student Protests of University Investments: Harvard and Vanderbilt’s African Land-Grabs.Joshua M. Hall - 2015 - In Fritz Allhoff, Alex Sager & Anand Vaidya (eds.), Business in Ethical Focus, 2nd Ed. Peterborough, ON, Canada: pp. 180-184.
    [First paragraph]: On Wednesday, June 8, 2011, UK’s The Guardian reported that numerous US universities including Harvard and Vanderbilt were invested in companies that were buying large tracts of African farmland and kicking off the indigenous farmers in order for their employees (mostly non-Africans) to grow cash crops to sell to Europe.1 Harms associated with this land-grabbing include, in addition to the evictions themselves, corruption among African governments and among absentee African land owners, increased food prices, and accelerated climate change.
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  6. Figuration: A Philosophy of Dance.Joshua M. Hall - 2012 - Dissertation, Vanderbilt University
    Dance receives relatively little attention in the history of philosophy. My strategy for connecting that history to dance consists in tracing a genealogy of its dance-relevant moments. In preparation, I perform a phenomenological analysis of my own eighteen years of dance experience, in order to generate a small cluster of central concepts or “Moves” for elucidating dance. At this genealogical-phenomenological intersection, I find what I term “positure” most helpfully treated in Plato, Aristotle and Nietzsche; “gesture” similarly in Condillac, Mead and (...)
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  7. Toward a New Conception of Socially-Just Peace.Joshua M. Hall - 2017 - In Fuat Gursozlu (ed.), Peace, Culture, and Violence. Leiden, Netherlands: pp. 248-272.
    In this chapter, I approach the subject of peace by way of Andrew Fiala’s pioneering, synthetic work on “practical pacifism.” One of Fiala’s articles on the subject of peace is entitled “Radical Forgiveness and Human Justice”—and if one were to replace “Radical Forgiveness” with “Peace,” this would be a fair title for my chapter. In fact, Fiala himself explicitly makes a connection in the article between radical forgiveness and peace. Also in support of my project, Fiala’s article names four of (...)
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  8. Revalorized Black Embodiment: Dancing with Fanon.Joshua M. Hall - 2012 - Journal of Black Studies 43 (3):274-288.
    This article explores Fanon's thought on dance, beginning with his explicit treatment of it in Black Skin, White Masks and The Wretched of the Earth. It then broadens to consider his theorization of Black embodiment in racist and colonized societies, considering how these analyses can be reformulated as a phenomenology of dance. This will suggest possibilities for fruitful encounters between the two domains in which (a) dance can be valorized while (b) opening up sites of resignification and resistance for Black (...)
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  9. Reconocimiento, justicia y democracia. Ensayos sobre John Rawls.Pablo Aguayo Westwood - 2018 - Madrid, España: Cenaltes.
    Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...)
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  10. On Robust Discursive Equality.Thomas M. Besch - 2019 - Dialogue 58 (3):1-26.
    This paper explores the idea of robust discursive equality on which respect-based conceptions of justificatory reciprocity often draw. I distinguish between formal and substantive discursive equality and argue that if justificatory reciprocity requires that people be accorded formally equal discursive standing, robust discursive equality should not be construed as requiring standing that is equal substantively, or in terms of its discursive purchase. Still, robust discursive equality is purchase sensitive: it does not obtain when discursive standing is impermissibly unequal in purchase. (...)
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  11. Multiculturalism, Autonomy, and Language Preservation.Ethan Nowak - 2019 - Ergo: An Open Access Journal of Philosophy 6.
    In this paper, I show how a novel treatment of speech acts can be combined with a well-known liberal argument for multiculturalism in a way that will justify claims about the preservation, protection, or accommodation of minority languages. The key to the paper is the claim that every language makes a distinctive range of speech acts possible, acts that cannot be realized by means of any other language. As a result, when a language disappears, so does a class of speech (...)
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  12. البحث عن معنى - Searching for a Meaning.Salah Osman - 2019 - Alexandria, Alexandria Governorate, Egypt: منشأة المعارف بالإسكندرية The Establishment of Knowledge (Munsha't al-Ma'arif).
    في معية الإخفاقات الحضارية المتتالية للعقل العربي في عالمنا المعاصر؛ حيث تم تجريد الأشياء – والقضايا والسياسات والمواقف والقرارات والعلاقات – من معانيها، أو بالأحرى تم مسخها بمعانٍ زائفة تُلبي حاجات الزيف الممسك بتلابيب الواقع، واتسعت الفجوة بين كلٍ العقل ومنطقه، والتفكير ومبادئه، والعلم ومنهجه، والدين ورسالته، والإنسان وإنسانيته، وبين ماضي العربي وحاضره، ثم بين حاضره ومستقبله ... يغدو البحث عن معنى – باستقامة معنى «المعنى» وعقلانيته – محاولة أخيرة لإدراك الغاية من الوجود، وإنعاش قلب أوشك نبضه على التوقف، واستعادة (...)
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  13. The Problems with the Burdens of Judgment.Gozde Hussain - 2018 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 8 (1):155-192.
    This paper challenges one of the main contributions of Political Liberalism (PL), namely the burdens of judgment (BoJ), on the grounds that it is superfluous to the project of excluding matters of the good from politics and it makes PL susceptible to a scepticism objection. From Rawls’s PL, we can extract two arguments for epistemic restraint in the public realm. The first is a moral argument based on the principles of fairness and reciprocity. The second is an epistemic argument derived (...)
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  14. Migratorial Disobedience.Grant Joseph Silva - 2019 - RPA Mag.
    This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.
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  15. Thrasymachus’ Unerring Skill and the Arguments of Republic 1.Tamer Nawar - 2018 - Phronesis 63 (4):359-391.
    In defending the view that justice is the advantage of the stronger, Thrasymachus puzzlingly claims that rulers never err and that any practitioner of a skill or expertise (τέχνη) is infallible. In what follows, Socrates offers a number of arguments directed against Thrasymachus’ views concerning the nature of skill, ruling, and justice. Commentators typically take a dim view of both Thrasymachus’ claims about skill (which are dismissed as an ungrounded and purely ad hoc response to Socrates’ initial criticisms) and Socrates’ (...)
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  16. Consensuality.Joshua M. Hall - 2018 - The Philosophers' Magazine 82:32-38.
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  17. Pessimism of the Intellect, Determination of the Will: An Interview with Kai Nielsen.David Rondel & Alex Sager - 2012 - In David Rondel & Alex Sager (eds.), Pessimism of the Intellect, Optimism of the Will: The Political Philosophy of Kai Nielsen. Calgary, AB, Canada: pp. 401-435.
    Interview with Kai Nielsen conducted by David Rondel and Alex Sager.
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  18. A Mooring for Ethical Life.Chris Melenovsky - 2014 - Dissertation, University of Pennsylvania
    Since G.A. Cohen’s influential criticism, John Rawls’s focus on the basic structure of society has fallen out of favor in moral and political philosophy. The most prominent defenses of this focus has argued from particular conceptions of justice or from a moral division of labor. In this dissertation, I instead argue for the Rawlsian focus from the ways in which social institutions establish new obligations, rights and powers. I argue that full evaluation of individual conduct requires that we evaluate the (...)
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  19. Review Essay: Entre o Velho E o Novo Mundo: A Diáspora Palestina Desde o Oriente Médio À América Latina. [REVIEW]Bryan Lueck - 2019 - SCTIW Review:1-6.
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  20. Natural Hazards and the Normative Significance of Expectations in Protecting Alpine Communities.Thomas Pölzler, Florian Ortner, Oliver Sass & Lukas Meyer - 2017 - Geophysical Research Abstracts: Abstracts of the European Geosciences Union General Assembly.
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  21. St. Vitus’s Women of Color: Dancing with Hegel.M. Hall Joshua - 2017 - Comparative and Continental Philosophy 9 (1).
    In the first section of this essay, I offer a brief overview of Hegel’s dozen or so mentions of dance in his Lectures on Aesthetics, focusing on the tension between Hegel’s denigration of dance as an “imperfect art” and his characterization of dance as a potential threat to the other arts. In the second section, I turn to an insightful essay from Hans-Christian Lucas on Hegel’s “Anthropology,” focusing on his argument that the Anthropology’s crucial final sections threaten to undermine Hegel’s (...)
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  22. Public Deliberation in a Globalized World? The Case of Confucian Customs and Traditions.Elena Ziliotti - 2018 - In Michael Reder, Alexander Filipovic, Dominik Finkelde & Johannes Wallacher (eds.), Yearbook Practical Philosophy in a Global Perspective. Freiburg, Germany: Verlad Karl Alber. pp. 339-361.
    The question of how democracy can deal with cultural diversity has become more central than ever. The increasing flow of people to many Western democratic countries indicates that our societies will become more and more multicultural. But what is the best way for democracy to deal with cultural diversity? It has been argued that, given its communicative core, the Habermasian model of deliberative democracy provides a platform where cultural groups can concur on peaceful agreements. In this paper, I show the (...)
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  23. A Divinely Tolerant Political Ethics: Dancing with Aurelius.Joshua M. Hall - 2016 - Epoché: A Journal for the History of Philosophy 20 (2):327-348.
    Marcus Aurelius’s Meditations constitutes an important source and subject for Michel Foucault’s 1981 lectures at the Collège de France, translated into English as Hermeneutics of the Subject. One recurring theme in these lectures is the deployment by Hellenistic/Roman philosophers such as Aurelius of the practice and figure of dance. Inspired by this discussion, the present essay offers a close reading of dance in the Meditations, followed by a survey of the secondary literature on this subject. Overall, I will attempt to (...)
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  24. Huck Finn the Inverse Akratic: Empathy and Justice.Chad Kleist - 2009 - Ethical Theory and Moral Practice 12 (3):257-266.
    An inverse akratic act is one who believes X, all things considered, is the correct act, and yet performs ~X, where ~X is the correct act. A famous example of such a person is Huck Finn. He believes that he is wrong in helping Jim, and yet continues to do so. In this paper I investigate Huck’s nature to see why he performs such acts contrary to his beliefs. In doing so, I explore the nature of empathy and show how (...)
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  25. From Historical to Enduring Injustice.Jeff Spinner-Halev - 2007 - Political Theory 35 (5):574-597.
    Advocates of remedying historical injustices urge political communities to take responsibility for their past, but their arguments are ambiguous about whether all past injustices need remedy, or just those regarding groups that suffer from current injustice. This ambiguity leaves unanswered the challenge of critics who argue that contemporary injustices matter, not those in the past. I argue instead for a focus on injustices that have roots in the past, and continue to the present day, what I call enduring injustice. Instead (...)
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  26. Is There a Right to Parent?Anca Gheaus - 2015 - Law, Ethics and Philosophy.
    A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.
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  27. Crimine, Punizione, Destino. Per Un Superamento Della Vendetta.Venanzio Raspa - 2015 - In G. Lorini & M. Masia (eds.), Antropologia della vendetta. Edizioni Scientifiche Italiane. pp. 231-249.
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  28. A Philosophical Examination of Social Justice and Child Poverty.Gottfried Schweiger & Gunter Graf - 2015 - Palgrave-Macmillan.
    Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical social justice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It is avoidable (...)
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  29. Gerechtigkeit als Erfüllung von Freiheitsversprechen? Axel Honneths Wiederbelebung von Hegels Rechtsphilosophie.Lars Leeten - 2012 - Allgemeine Zeitschrift für Philosophie 37 (1):115-127.
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  30. Capabilities as Fundamental Entitlements: Sen and Social Justice.Martha Nussbaum - 2003 - Feminist Economics 9 (2-3):33-59.
    Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...)
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  31. Juha Räikkä, Social Justice in Practice.Holly Lawford-Smith - 2014 - Journal of Value Inquiry:1-6.
    Imagine yourself standing on the edge of a canyon, marveling at the terrain below, wondering about all the sights currently obscured from your view, and lamenting that you just don’t have time to commit to the steep descent in and long trek across, which would give you a perspective from right up close. Being handed Juha Räikkä’s new book Social Justice in Practice is like being told there’s a flying fox you can take: the canyon is applied political theory, and (...)
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  32. Recognition and Social Exclusion. A Recognition-Theoretical Exploration of Poverty in Europe.Gottfried Schweiger - 2013 - Ethical Perspectives 20 (4):529-554.
    Thus far, the recognition approach as described in the works of Axel Honneth has not systematically engaged with the problem of poverty. To fill this gap, the present contribution will focus on poverty conceived as social exclusion in the context of the European Union and probe its moral significance. It will show that this form of social exclusion is morally harmful and wrong from the perspective of the recognition approach. To justify this finding, social exclusion has to fulfil three conditions: (...)
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  33. The Liberalism of Fear.Judith Shklar - 1989 - In Nancy L. Rosenblum (ed.), Liberalism and the Moral Life.
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  34. Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...)
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  35. The Aporias of Justice and the Virtue of Un-Inheritance.Michael Barnes Norton - 2013 - Philosophia 41 (2):373-382.
    This paper contends that Ananda Abeysekara’s notion of un-inheritance, developed via a Derridean analysis of contemporary Sri Lankan politics and society, can act as a helpful supplement to the concept of justice. What one finds in Abeysekara’s analysis is an interpretation of justice as ultimately aporetic: justice both opens up to the possibility of its ever greater concrete realization and continually defers its completion. This paper begins by examining the aporetic character of justice as articulated by Derrida. It then proceeds (...)
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  36. Reconceiving Rawls’s Arguments for Equal Political Liberty and Its Fair Value.Meena Krishnamurthy - 2012 - Social Theory and Practice 38 (2):258-278.
    Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show that (...)
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  37. Justice and the Initial Acquisition of Property.John T. Sanders - 1987 - Harvard Journal of Law and Public Policy 10 (2):367-99.
    There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...)
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  38. Distributive Justice.Peter Vallentyne - 2007 - In Robert Goodin, Philip Pettit & Thomas Pogge (eds.), Companion to Contemporary Political Philosophy. Blackwell.
    The word “justice” is used in several different ways. First, justice is sometimes understood as moral permissibility applied to distributions of benefits and burdens (e.g., income distributions) or social structures (e.g., legal systems). In this sense, justice is distinguished by the kind of entity to which it is applied, rather than a specific kind of moral concern.
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  39. Libertarian Theories of Intergenerational Justice.Peter Vallentyne & Hillel Steiner - 2009 - In Axel Gosseries & Lukas Meyer (eds.), Justice Between Generations. Oxford University Press.
    Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong but nonetheless (...)
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  40. Segregation and Civic Virtue.Michael S. Merry - 2012 - Educational Theory 62 (4):465-486.
    In this essay I defend the following prima facie argument: civic virtue is not dependent on integration and in fact may be best fostered under conditions of segregation. I demonstrate that civic virtue can and does take place under conditions of involuntary segregation, but that voluntary separation—as a response to segregation—is a more effective way to facilitate it. While segregation and disadvantage commonly coexist, spatial concentrations, particularly when there is a strong voluntary aspect present, often aid in fostering civic virtue. (...)
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  41. Hume's Natural History of Justice.Mark Collier - 2011 - In C. Taylor & S. Buckle (eds.), Hume and the Enlightenment. Pickering & Chatto. pp. 131-142.
    In Book III, Part 2 of the Treatise, Hume presents a natural history of justice. Self-interest clearly plays a central role in his account; our ancestors invented justice conventions, he maintains, for the sake of reciprocal advantage. But this is not what makes his approach so novel and attractive. Hume recognizes that prudential considerations are not sufficient to explain how human beings – with our propensities towards temporal discounting and free-riding – could have established conventions for social exchange and collective (...)
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  42. Democratic Justice in Transition.Marion Smiley - 2001 - Michigan Law Review 99 (6):1332-1347.
    This essay defends a pragmatic approach to transitional justice by arguing that it provides a convincing view of the relationships between theory and practice and is true to the nature of democratic justice itself.
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  43. Transitional Justice and Equality: A Response to Eisikovits.Jamie Terence Kelly - 2010 - Review of International Affairs 61 (1138-1139):190-196.
    This article responds to Nir Eisikovits’ recent book Sympathizing with the Enemy: Reconciliation, Transitional Justice, Negotiation (Martinus Nijhoff Publishers, 2010).
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  44. Copyright and Freedom of Expression: A Philosophical Map.Alexandra Couto - 2008 - In A. Gosseries, A. Marciano & A. Strowel (eds.), Intellectual Property and Theories of Justice. Palgrave.
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  45. ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law.Daniel Butt - 2009 - In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. pp. 163.
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  46. Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  47. Parity and Procedural Justice.Karen Green - 2006 - Essays in Philosophy 7 (1):4.
    In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...)
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  48. Arguments for Nonparental Care for Children.Anca Gheaus - 2011 - Social Theory and Practice 37 (3):483-509.
    I review three existing arguments in favor of having some childcare done by nonparents and then I advance five arguments, most of them original, to the same conclusion. My arguments rely on the assumption that, no matter who provides it, childcare will inevitably go wrong at times. I discuss the importance of mitigating bad care, of teaching children how to enter caring relationships with people who are initially strangers to them, of addressing children's structural vulnerability to their caregivers, of helping (...)
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  49. Basic Income, Gender Justice and the Costs of Gender-Symmetrical Lifestyles.Anca Gheaus - 2008 - Basic Income Studies 3 (3).
    I argue that, in the currently gender-unjust societies a basic income would not advance feminist goals. To assess the impact of a social policy on gender justice I propose the following criterion: a society is gender-just when the costs of engaging in a lifestyle characterized by gender-symmetry (in both the domestic and public spheres) are, for both men and women, smaller or equal to the costs of engaging in a gender-asymmetrical lifestyle. For a significant number of women, a basic income (...)
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  50. Punishment and Justice.Jules Holroyd - 2010 - Social Theory and Practice 36 (1):78-111.
    Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...)
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