The place of the written Constitution in our constitutional practice is defined secondarily, from outside the text, not commanded by the text. Like moral readers of our constitutional practice, originalists of all stripes have to argue from outside the text. This makes the new originalist turn to the theory of language come too early; the place of such theory is necessarily subordinate to a convincing moral account of our practice as a whole. To lament the existence of constitutional provisions that (...) do not provide legible descriptions of encompassing states of affairs —as the new originalists implicitly do— is to badly misunderstand a morally salient element of our constitutional practice. The non-encompassing provisions of the Constitution are not incomplete, and hence failed instructions; rather they are complete, successful delegations of authority to constitutionally responsible officials. A delegatory constitutional instruction hands off responsibility and authority; in order to do that, it must be non-encompassing. This is a virtue, not a liability of the written Constitution. The purpose of our constitutional practice is justice-seeking. It aims at better aligning our institutions, policies, laws and the political community as a whole, with the requirements of justice. It aims, that is, at our making moral progress as a political community. Delegations of constitutional authority and responsibility invite the partnership of contemporary constitutional actors, in the justice-seeking enterprise, including and especially courts. Our constitutional courts are common law courts; they are, that is, reason-giving and precedent- drawn, features that make them worthy partners in that enterprise. (shrink)

This compact and innovative book tackles one of the central issues in drug policy: the lack of a coherent conceptual structure for thinking about drugs. Drugs generally fall into one of seven categories: prescription, over the counter, alternative medicine, common-use drugs like alcohol, tobacco and caffeine; religious-use, sports enhancement; and of course illegal street drugs like cocaine and marijuana. Our thinking and policies varies wildly from one to the other, with inconsistencies that derive more from cultural and social values than (...) from medical or scientific facts. Penalties exist for steroid use, while herbal remedies or cold medication are legal. Native Americans may legally use peyote, but others may not. Penalties may vary for using different forms of the same drug, such as crack vs. powder cocaine. Herbal remedies are unregulated by the FDA; but medical marijuana is illegal in most states. Battin and her contributors lay a foundation for a wiser drug policy by promoting consistency and coherency in the discussion of drug issues and by encouraging a unique dialogue across disciplines. The contributors are an interdisciplinary group of scholars mostly based at the University of Utah, and include a pharmacologist, a psychiatrist, a toxicologist, a trial court judge, a law professor, an attorney, a diatary specialist, a physician, a health expert on substance abuse, and Battin herself who is a philosopher. They consider questions like the historical development of current policy and the rationales for it; scientific views on how drugs actually cause harm; how to define the key notions of harm and addiction; and ways in which drug policy can be made more consistent. They conclude with an examination of the implications of a consistent policy for various disciplines and society generally. The book is written accessibly with little need for expert knowledge, and will appeal to a diverse audience of philosophers, bioethicists, clinicians, policy makers, law enforcement, legal scholars and practitioners, social workers, and general readers, as well as to students in areas like pharmacy, medicine, law, nursing, sociology, social work, psychology, and bioethics. (shrink)

Preview: /Review: Justo Serrano Zamora, Democratization and Struggles Against Injustice (London and New York: Rowman and Littlefield, 2021), 232 pages./ “No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters, and righteousness like a mighty stream.” In amongst a plethora of memorable metaphors and other impressive rhetorical devices, we find in Martin Luther King Jr’s most iconic speech (delivered at the March on Washington, August 28, 1963, on the steps of the (...) Lincoln Memorial – commonly known as the “I have a Dream” speech): this biblical expression of the fluid quality of the pursuit of justice. Quoting the Jewish prophet Amos, who was outraged by wealth disparities in the ancient Northern kingdom of Israel, King taps into a common imagery of the forward march of justice as a matter of a watery bursting forwards, aiming ultimately for a calmer, more settled state of affairs. This kind of imagery is widespread in popular culture. For example, people can be said to “flood” or “pour into” the streets at moments of mass mobilization; in response, the police often seek to “contain the flow” of crowds at protests; and a successful revolution is often thought of as a “turning of the tide.” This lexical field of water in motion evokes both a chaotic sense of the unexpected and the emergence of an underlying order seeking to overcome the existing political order. It also suggests that the justice-oriented masses are moved, at best, in a semi-conscious way by events that typically start outside of themselves – like a growing ripple caused by the proverbial pavé dans la mare. The strategic benefit of this kind of talk is that it presents the struggle for justice as natural and, in some sense, inevitable; while injustice is presented as merely artificial and temporary, for nature eventually reclaims its rights. To put it simply: φύσις meets νόμος, φύσις defeats νόμος. This way of speaking is both dramatically and rhetorically powerful. (shrink)

Seeking justice, as Christians, means seriously reconsidering our food consumption in light of multiple instances of injustice: maltreatment of workers, animals, and the environment; and misdistribution of food both globally and domestically. A variety of solutions—including boycotts, labeling, local consumption, generous donations, and Food Sovereignty—would lead to a more just food system.

This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple meanings and (...) it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago. (shrink)

I am currently caring for a child named Priscilla who is ventilator-dependent and whose care confronted me with questions of justice. Priscilla was born at the County Hospital after a normal pregnancy to a 17-year-old single mother. At birth, she was noted to have some dysmorphic features: widely spaced eyes, low-set ears, and a cleft palate. Her chest X-ray showed hypoplastic ribs and scapulae. Her chromosome studies were normal. Eventually, a diagnosis of a rare dwarfing syndrome campomelic dysplasia – (...) was made. (shrink)

Despite apparent political concern and action—often fuelled by high-profile cases and campaigns—legislative and institutional responses to image-based sexual abuse in the UK have been ad hoc, piecemeal and inconsistent. In practice, victim-survivors are being consistently failed: by the law, by the police and criminal justice system, by traditional and social media, website operators, and by their employers, universities and schools. Drawing on data from the first multi-jurisdictional study of the nature and harms of, and legal/policy responses to, image-based sexual (...) abuse, this article argues for a new joined-up approach that supports victim-survivors of image-based sexual abuse to ‘reclaim control’. It argues for a comprehensive, multi-layered, multi-institutional and multi-agency response, led by a government- and industry-funded online or e-safety organisation, which not only recognises the diversity of victim-survivor experiences and the intersection of image-based sexual abuse with other forms of sexual and gender-based violence and discrimination, but which also enables victim-survivors to reclaim control within and beyond the criminal justice system. (shrink)

First published in 1997, this volume delves into the most influential theories of economic justice, which ground themselves in utilitarian or related contractarian ideas about the self. These ideas take self-interest to be transparent and unproblematic. Favoured assumptions about the self also make scarcity the primary reality with which economic justice must deal. Much is lost in consideration of the justness of economic arrangements when we take the wants and interests of the self for granted in this way, (...) and treat scarcity as a premise. In this book the author places the discussion of economic justice on a sounder foundation as regards the nature and ends of the self. The book begins with a discussion of the self as a structure, and proceeds to consider aspects of self-interest, public ends, economic welfare, needs and wants, the limits of the market, economic democracy, global inequality, and justice as the end of development. (shrink)

Over the past several decades, urban community gardens have arisen in diverse and economically compromised neighborhoods across the U.S. as part of multiple environmental justice efforts. Urban community gardens have enabled users to mitigate the effects of many environmental injustices such as the impact of food deserts, nutrient poor food found at convenience stores, and pesticide laden grocery items. While these benefits have promulgated across the U.S., community gardens are also well known to be located in historically contaminated locations (...) in urban landscapes. These landscapes include former brownfield sites, superfund sites, and other abandoned spaces of contamination. Although environmental justice efforts to reclaim healthy food in urban community gardens are commendable, the presence and effects of potentially harmful contaminants is often overlooked as gardens are established. Further, governmental organizations tasked with protecting human health, such as the Environmental Protection Agency, have not established any health standards for urban community gardens. This creates many challenges in determining what is safe in community gardens, and garden mangers and users are often unaware of how severe the impacts of contamination may be or how to mitigate its effects. In this study, I highlight the prevalence of harmful concentrations of contaminants in urban community gardens in and near Seattle, Washington that are managed with organic practices. I then present the challenges and barriers to gardening in contaminated spaces. Finally, I make recommendations to address contamination in gardens spaces, and call for better regulatory standards and other forms of support to mitigate risk to users. (shrink)

The principle of the best interests of children must be the main consideration in adjudicating applications for marriage dispensation. However, its implementation becomes problematic when faced with provisions on the ability to grant marriage dispensations for urgent reasons. This article examines how the best interests of children are implemented in legal applications for marriage dispensation in religious court. It employs a socio-legal approach with a maqāsid al-syarī'ah cum-mubadalah perspective. This article proposes that the principle of the best interests of children (...) is yet considered by judges effectively in deciding the cases. This does not reflect the protection of the child’s life, heredity, intellect, property, and religion, and does not consider the unique experiences of women both biologically and socially. Judges have a biased perspective in measuring the meaning of maturity and readiness of girls to marry, ignoring children's rights in education and reproductive health, and subordinate women in the spiritual realm. (shrink)

This article presents findings from an interview study of human rights practitioners who assist relatives of the disappeared from Chechnya with their complaints before the European Court of Human Rights (ECtHR). These practitioners work for nongovernmental organizations (NGOs). The study contributes to the scant literature on NGO litigation before the ECtHR and to the social scientific literature on how human rights are actively practiced. It investigates the NGOs’ intermediary position between the ECtHR and the relatives of the disappeared in Chechnya. (...) Consequently, this article asserts that a significant aspect of this position lies in the practitioner’s capacity to mediate between an ambition to externalize local grievances to the ECtHR and the relatives’ hopes that the ECtHR can bring certainty to the uncertain loss of their disappeared relatives. From this position, several dilemmas emerge as to how international legal mechanisms can provide remedies following disappearances. (shrink)

Beyond Consent examines the concept of justice, and its application to human subject research, through the different lenses of various research populations: children, the vulnerable sick, captive and convenient populations, women, people of colour, and subjects in international settings. Separate chapters address the evolution of research policies, implications of the concept of justice for the future of human subject research, and the ramifications of this concept throughout the research enterprise.

Many Faculties of Education in the UK and elsewhere have ‘social justice’ written into their mission statements. But are they concerned by questions of social justice in education, or has the term become somewhat vacuous and devoid of substantive meaning? The present article subjects recent discourses about social justice in education to scrutiny and finds them wanting in various respects, in particular when juxtaposed with historical accounts of justice by philosophers such as Aristotle or Aquinas. Among (...) the complaints made here is that most educational accounts (a) make do with a ‘negative’ conception of social justice as focused on specific cases of injustices without any positive conception of what social justice means in its entirety, (b) foreground institutional justice at the expense of justice as a moral or civic virtue, (c) fail to connect the identification of justice or injustice to an account of phronesis or practical wisdom for integrating values, (d) shy away from associating social justice with the ‘common good’ and (e) fail to get to grips with some thorny normative questions about the role of justice in the ordering of goods in a hierarchy towards the highest good. Along the way, various remedies are suggested. (shrink)

This paper probes theories of justice underpinning the concept of equity to deconstruct the term and ascertain how best to equitably support refugee and asylum-seeking youth in U.S. schools. Building upon theories posited by John Rawls, Michael Sandel, and Amartya Sen, the paper aims to extend beyond ideal theory into a theoretical framework of equity with operationalizing potential. Recognizing refugee and asylum-seeking youth as part of the U.S. social contract and therefore bound to government support, the paper (...) represents that equitable education for these young people in our globalized world is essential from both a human rights and economic perspective. Such equitable education will only be achieved when universal minimum standards are offered to everyone and made inclusive, so that all are invited to fully participate as culturally respected learners and knowledge producers in academic spaces. (shrink)

When is life-sustaining treatment not in the best interests of a minimally conscious child? This is an extremely difficult question that incites seemingly intractable debate. And yet, it is the question courts in England and Wales have set out to answer in disputes about appropriate medical treatment for children.

Environmental justice seeks fairness in how environmental burdens and risks are visited on poor people, women, communities of color, Indigenous peoples, minorities, and citizens of developing countries. It also concerns whether members of these same groups have fair access to environmental goods such as urban green spaces, forested areas, and clean water. Environmental goods extend, also, to opportunities to benefit from enterprises such as tourism and green infrastructure (Shrader-Frechette 2002; Bullard 2000; Taylor 2000; Whyte 2010). The moral wrongs characteristic (...) of environmental injustices often do not resonate with members of dominant societies. In some cases, those injustices are unknowable. To say that .. (shrink)

The steady growth of international labour mobility has been one of the defining features of globalization. Alongside the liberalization of international trade, labour mobility has been a key dynamic propelling economic development in the new millennium. In recent years, migrant labour is increasingly regulated via temporary schemes, deepening and widening migrant precarity. This paper argues that a growing reliance on temporary migrant workers reflects the financialization of global agriculture. Drawing on conceptual debates among scholars of critical finance studies, migration governance (...) and food systems, it explores the implications of financialization for social justice work, asking how a systemic understanding of the migrant experience with financial institutions and practices might enhance rights-based advocacy. (shrink)

Alan Hirsch, Instructor in the Humanities and Chair of the Justice and Law Studies program at Williams College, has testified as an expert witness on false confessions in 23 states.In the introduct...

A critical issue facing the criminal justice system today is how best to promote ethical behavior by public prosecutors. The legal profession has left much of a prosecutor’s day-to-day activity unregulated, in favor of a general, catch-all admonition to “seek justice.” In this article the author argues that professional norms are truly functional only if those working with a given ethical framework recognize the system’s implicit dependence on character. A code of professional conduct in which this dependence is (...) not recognized is both contentless and corrupting. Building on the ethics of Aristotle and modern philosophers Alasdair MacIntyre and Bernard Williams, the author argues that virtue theory can help bridge the gaps in prosecutorial ethics where other forms of moral reasoning fail. The author analyzes three especially difficult ethical problems frequently confronted by prosecutors in the field. He demonstrates not only that the Model Rules of Professional Conduct and the ABA Criminal Justice Standards fail to answer any of these complex questions, but also that future attempts to more closely regulate how prosecutors should act in any of these nuanced situations are unlikely to succeed. The author argues that honesty, fairness, courage, and prudence are the primary virtues that citizens have a right to expect of their public prosecutors. He then demonstrates how these four key virtues might provide important guidance to conscientious prosecutors striving to do what is right. The author concludes by offering several insights into how the field of virtue ethics might inform both the structure and organization of government law offices, and the manner in which individual prosecutors working within these offices might perceive and fulfill their professional roles. (shrink)

Conflict revolves around communication and culture intersections. This interplay has historical antecedents and contemporary applications. Conflicts involving Indigenous Peoples and colonizers appear in literary representations, and contests between communities and cultures in historical, political and social settings. Amnesty International reports Indigenous Peoples’ realities and efforts to lobby for social justice. One effort is in becoming visible and seeking meaningful recognition examined in media coverage of the First Peoples’ holiday in Trinidad and Tobago, and resonates in conflicts reported elsewhere (...) between Indigenous Peoples and others. Using media reports, interviews and other texts, this article employs a critical discourse studies approach to trace narrative elements and themes of communication, culture and conflict interplay, and interpret the contested expression and meaning of these texts to describe, understand, explain and construct a theoretical and applied account of resistance against unequal treatment. (shrink)

What is Justice? Society depends on justice for its stability and the well-being of its members. Justice is usually carried out in accordance with the established law. Justice can be grounded in societal norms, human and religious values, and/or established civil law. Generally, justice seeks to ensure fair treatment for all of humanity. This article sets forth the justice context for understanding andoperationalzing restorative justice by first explaining a variety of types of (...) class='Hi'>justice to lay a foundation for understanding the complexity of the concept of justice. Following the typology, a review of the concept of restorative justice, addressing its beginnings, practitioners, key concepts, principles, values, practices, and description is given. Finally, examples from my teaching experience at a maximum security prison enhance my understanding of restorative justice as restoring the humanity of us all. (shrink)

Childhood obesity may have severe long-term consequences for health—indeed, for the overall course of a person's life. Do these harms amount to a problem of social justice? And if so, what should be done about it? Parents are usually granted considerable leeway to make decisions that affect their children's health. Social and moral theory has often overlooked the family, however, leaving us with an inadequate understanding of parental autonomy and of how social policy may influence it.

By exploring the integral relationship between democracy and economic justice, Democratic Distributive Justice seeks to explain how democratic countries with market systems should deal with the problem of high levels of income-inequality. The book acts as a guide for dealing with this issue by providing an interdisciplinary approach that combines political, economic, and legal theory. It also analyzes the nature of economic society and puts forth a new understanding of the agents and considerations bearing upon the ethics of (...) relative pay, such as the nature of individual contributions and the extent of community in capital based market systems. Economic justice is then integrated with democratic theory, yielding what Ross Zucker calls 'democratic distributive justice'. While prevailing theory defines democracy in terms of the electoral mechanism, the author holds that the principles of distribution form part of the very definition of democracy, which makes just distribution a requirement of democratic government. (shrink)

The notion of "justice for all" has been a noble ideal and a foundation of human relationships in enlightened society for millennia. The Greeks and Romans viewed justice as the basis for the rule of law that governed interactions and that served as the standard for determining rights and responsibilities. Today the notion of social justice permeates political dialogue and has become the justification for social unrest and discord. The focus of this book is on the personal (...) side of justice and its importance in individual lives. Although justice is a lofty concept and is often spoken of as if its meaning is clear to all, it is nonetheless a complex and often subjective standard with conflicting meanings. Though these meanings may not be universally clear, understood, or agreed upon, as a standard of human relations justice is nonetheless deeply important and profoundly personal in its impacts. Like any metric, justice may be misused and manipulated by the self-justifying and the dishonest. However, properly understood, justice remains a noble ideal despite its complexity. Writing about justice has given us the opportunity to appreciate its significance and the nuances of its meanings. At its noblest, justice must ultimately be equated with wisdom, integrity, and love. Improperly understood, justice can impede wisdom and purpose and become an excuse for self-serving behavior that is later regretted. Although justice is often accompanied by a set of defining rules, it is also intended to be both compassionate and fair - caring for those whose rights need to be protected, as well as those best served by forgiveness and help rather than punishment. Perhaps justice is at its pinnacle when it is accompanied by mercy. Justice is far more than a mere set of rules, laws, or policies when it serves the purposes of enriching lives and benefiting those who need care and guidance. The study of justice affirms that its greatest value is in providing much more than order and consistency. We suggest that without forgiveness, mercy, and caring justice is simply insufficient. Perhaps, justice, when it enables individuals to learn from their mistakes and change their lives, actually fulfills its highest potential. We invite readers to read and reflect on the importance of justice and its importance in their own lives. In this volume we provide guidelines, insights, and recommendations to assist others to more fully incorporate those principles and ideals of justice as they seek to become the best version of themselves. (shrink)

Ideal theory faces a paradox. The ‘capacity of guidance’ is an important feature of most normative theories, but ideal principles of justice are not well suited to guide action in non-ideal circumstances. This charge presses us to seek plausible avenues to connect ideal values with the non-ideal realisation of justice. The objective of this paper is to introduce an analytical framework and present a case study in support of what I call the ‘reflective integration thesis’. The thesis states (...) that: if we wish to formulate principles of justice that can guide action in non-ideal circumstances, we need to integrate ideal and non-ideal theory, and the way to integrate ideal and non-ideal theory is by seeking reflective equilibrium between these levels. Taking climate justice as a model, this paper will explore the features of a non-ideal theory of justice, thereby providing insights about the structure of an action-guiding theory. It will show that, in order to guide action, our ideal principles of climate justice need to be reformulated in the light of real-world considerations, which we only obtain by integrating the relevant empirical work on the matter. (shrink)

Here a group of philosophers, economists and political theorists discuss the work of David Gauthier, which seeks to show that rational individuals would accept certain moral constraints on their choices. The possibilities and limitations of a contractarian approach to issues of justice is analyzed.

Childhood obesity may have severe long‐term consequences for health—indeed, for the overall course of a person's life. Do these harms amount to a problem of social justice? And if so, what should be done about it? Parents are usually granted considerable leeway to make decisions that affect their children's health. Social and moral theory has often overlooked the family, however, leaving us with an inadequateunderstanding of parental autonomy and of how social policy may influence it.

This essay seeks to question a certain imbalance in many existing accounts of Plato's dialogues. This imbalance involves a tendency to place too much emphasis upon a dualism between matter and spirit, soul and body. Although the author by no means denies the presence of such dualistic elements, she wishes to qualify them with reference to those aspects of Plato's dialogues which appear to place a stress upon the importance of multiplicity, myth, ritual, society, history, mimesis and time. Such instances (...) of mediation, it will be argued, are just as central to an understanding of Plato's philosophy as instances where the body and/or instances of multiplicity appear to be deprioritised in favour of the soul and the unity of the intelligible realm. These issues will be explored with particular reference to Plato's examination of the nature of justice in the city and its relationship with the philosopher‐guardians exercise of phronesis. What is the relationship between dikaiosyne and phronesis? In order to answer this question, several further questions will be raised: What, for Plato, is a city? What is philosophy? And why, in the Laws, does the Athenian describe the city as “the true tragedy”? (shrink)

The paper seeks to contribute to the transitional justice literature by overcoming the Democracy v. Justice debate. This debate is normatively implausible and prudentially self-defeating. Normatively, transitional justice will be conceptualised as an imperative of democratic equal concern. Prudentially, it can prevent further violence and provide an opportunity for initiating processes of democratic emotional socialisation. The resentment and indignation animating transitions should be acknowledged as markers of a sense of justice. As such, they can help the (...) reproduction of democracy. However, their public expression must be institutionally filtered through democratic norms. The consistent institutional instantiation of equal respect can educate and recuperate negative emotions for democracy. (shrink)

Health justice seeks, both conceptually and in practice, to strengthen community engagement and empowerment as an integral means of addressing health disparities. In this essay, we explore the nature of communities and their roles in health care/public health. We propose that an ethical principle of respect for communities is a requisite part of health justice. It is this respect for communities that ethically grounds health justice’s calls for greater community engagement and empowerment. Conceptions of health justice, (...) we claim, will gain ethical power and coherence as this principle is more clearly recognized and further developed. (shrink)

Distributive Justice Theories of distributive justice seek to specify what is meant by a just distribution of goods among members of society. All liberal theories (in the sense specified below) may be seen as expressions of laissez-faire with compensations for factors that they consider to be morally arbitrary. More specifically, such theories may be interpreted […].

In lieu of an abstract, here is a brief excerpt of the content:Piety, Justice, and the Unity of VirtueMark L. McPherranNo doubt the Socrates of the Euthyphro would be delighted to encounter many of its readers, offering as they do an audience of piety-seeking interlocutors, eager to mend the dialogical breach created by Euthyphro’s sudden departure. Socrates’ enthusiasm for this pursuit is at least as intense and comprehensible as theirs. We are told, after all, that he will never (...) abandon his quest for knowledge of “what the pious is” (15c–16a), since not only is this enterprise both pious and “inconceivably happy” (cf. Ap. 41c3–4) in itself,1 but coming to understand piety would allow one to “live better the rest of one’s life,” (15e7–16a4), especially should its continuation be threatened by a charge of impiety (3b–d, 5a–c, 12e, 15e–16a).2 My own search here is no less happy and ambitious, since I wish to uncover Socrates’ own, implicit understanding of piety and its relation to his claim elsewhere that “the virtues are one.”3 The account of this I shall provide will also touch on Platonic piety, although this notion obviously rests on a tendentious distinction. Nevertheless, there do seem to be some interesting differences between the way piety is treated in elenctic dialogues such as the Euthyphro and Protagoras, and the more explicitly theory-laden, constructive works such as the Republic and Laws. I shall later characterize [End Page 299] these differences, primarily in terms of the more carefully articulated, internalist moral psychology of the Republic.42. SOCRATIC PIETYThe distinct phenomena the term “religion” popularly designates for us were for the Greeks seamlessly integrated into everyday life. Thus, it is natural that the term “piety”—εὐσέβεια—carried a wider sense than our English equivalent commonly does: it concerned not only one’s immediate relation to the gods—emphasizing proper religious conduct and carrying a sense of respect and fear towards divinity (concomitant with a grasp of one’s own mortal limits)—but also often designated appropriate behavior towards parents, native land, and the dead.5 It is to this rough, inclusive conception of piety that Euthyphro appeals when confronted by Socrates on the Porch of the King (2a–6a). Moreover, and despite his own shockingly irreverent attempt at father-bashing and the subsequent elenctic drubbing he then receives from Socrates, toward the close of the dialogue Euthyphro still manages to envision piety in the quasi-traditionalist fashion with which he began—as “a knowledge of how to ensure the preservation of families and states by gratifying the gods through proper prayer and sacrifice” (14b; cf. 14c–15c).6 It is, however, precisely [End Page 300] at this dramatic juncture (14a–c) that we find—arguably—the final elements of a Socratically-acceptable conception of piety; one that builds upon Euthyphro’s initial concession to Socrates that piety and “human justice” are to be distinguished from one another (11e–12e). This, in turn, is a move that in principle forces Euthyphro to disengage from those aspects of the traditional conception of piety which would—from Socrates’ perspective—conflate the two.7 Recent challenges to this reading, however, have seen in Euthyphro’s initial holism not the heterogeneous presumptions of popular thought, but a semi-sophisticated grasp of the Socratic unity of the virtues.8 And since it does appear that the character Euthyphro is designed to serve not only as a hubristically-inflated, Homeric “fundamentalist,” but as an odd and Sophistically-influenced doppelgänger of Socrates as well—a lesson, that is, in what Socrates both is and is not—it now seems worthwhile to reexamine the view that Socratic piety is but a part and not the whole of justice.9Turning to our text, then, we discover that following the failure of Euthyphro’s initial definitional attempts to specify the nature of pious action and the resulting aporetic interlude, Socrates is willing to offer Euthyphro renewed assistance (11e1–4). This he does by asking whether all the just is pious, or whether justice is broader than piety such that piety is then merely a “part” (μóϱιον) of justice (11e4–12e5). Subsequent to his explanation of these alternatives, Socrates... (shrink)

During the period of military-backed government, South Korea faced various political and economic challenges: poverty and inequality in society; human rights abuses by military governments; and confrontation with the communist North. This article examines Psalm 85: 10 in the light of the political context of South Korea and the way minjung theologians and artists understood and utilized the passage for their struggle with the governments and mega-companies. The article argues that the fight for justice for the poor and oppressed (...) is what has brought a sustainable peace in South Korea, and that although justice seeking and peace-building should be implemented simultaneously as the Scripture implies, if one has to prioritize between the two, justice-seeking has to take precedence. (shrink)

Bangladesh is aspiring to achieve universal health coverage by 2030. In this regard, quality and efficient healthcare delivery have been regarded as a major challenge. Proper management of employees is crucial for service organizations like healthcare because in healthcare employees provide life saving services which make them unique from other non-health professionals. They directly interface with the patients or service seekers who make evaluative judgment of the quality of service delivered by the employees. Therefore, it is important that healthcare organizations (...) (both public and private) comprehend specific organizational factors and issues that influence employee’s attitudes and behaviors, which ultimately affect their service behaviour at work. Drawing from the organizational justice principles and other management theories, this article presents a conceptual framework and a set of hypotheses regarding the relationships among distributive justice, procedural justice, interactional justice, employee’s citizenship behaviour, role prescribed behaviour and counterproductive behaviour for the healthcare organizations in Bangladesh. The purpose is to assist the policy makers and service providers in identifying desirable human resource management practices that healthcare organizations in Bangladesh should seek and engage in and at the same time, avoid undesirable practices in order to maintain optimum level of employee commitment, and citizenship behavior essential for ensuring quality and efficient service delivery to the communities. This article is ‘theoretical’ but it has practical implications for the policy makers and service providers who are directly involved with service delivery system. It is also expected that the paper enriches the health service delivery literature and also advocates focusing on justice perspectives particularly in Bangladesh. (shrink)

Justice under Law Law and justice are near synonyms in common speech. We expect the law to deliver justice, and we cannot imagine justice absent some system of law. In his recent book, Justice before the Law, Michael Huemer challenges this traditional view of law and justice. Given the prevalence of unjust laws and legal practices in the United States, and the deference shown to law by agents of the American legal system, Huemer argues (...) that we ought to affirm the primacy of justice over the law. This article argues that Huemer is right about the primacy of justice, but he errs in his understanding of what justice is, and the means through which it is best achieved. Law operates as a form of enquiry that seeks to discover what justice is. Law is a necessary means to justice. True justice must be justice under law. (shrink)

The book reflects academically on important and relevant ethical fields from a multidimensional South African context. The book challenges conventional borders from different ethical, theological, philosophical, economic and cultural perspectives with insight and expertise and seeks to add academic-ethical value, locally and globally, with its different points of departure deeply embedded in justice. From a mainly qualitative methodological perspective, this scholarly book demonstrates that ethics requires analytical thinking and critical people who, in an existentially and emancipatory way, can help (...) make the world a more just, decent and humane place in which to live. The authors, who represent different academic and cultural backgrounds, present in their respective chapters their research systematically, intersectionally and constructivistically, based on profound theoretical analysis and reasoning. This epistemology results in an act of knowing that actively gives meaning and order to the reality to which it is responding. By doing this, they point out that people are in an ongoing process of becoming more human – allowing ourselves and our fellow human beings to flourish and to reach fuller potential through justice-based ethical reflection and action. (shrink)

G. A. Cohen was one of the world's leading political theorists. He was noted, in particular, for his contributions to the literature of egalitarian justice. Cohen's classic writings offer one of the most influential responses to the currency of the egalitarian justice question - the question, that is, of whether egalitarians should seek to equalize welfare, resources, opportunity, or some other indicator of well-being. Underlying Cohen's argument is the intuition that the purpose of egalitarianism is to eliminate disadvantage (...) for which it is inappropriate to hold the person responsible. His argument therefore focuses on the appropriate role of considerations regarding responsibility in egalitarian judgment. This volume comprises chapters by major scholars addressing and responding both to Cohen's account of the currency of egalitarian justice and its practical implications and to Cohen's arguments regarding the appropriate form of justificatory arguments about justice. (shrink)

Private medical aids are essentially non-profit organisations that aim to deliver speedy treatment and should prevent members from unexpected, out of pocket expenses for medical care. However, although the latest statistics show that 16.2% of individuals in South Africa were members of medical aid schemes, making the promise of private healthcare accessible to a small percentage of the population, they are not without their own unique set of challenges. The restrictions that exist within the private sector have a direct bearing (...) on the types of healthcare services patients can access, which in turn impacts on the fundamental right to access healthcare. Using a recent High Court Case decision, this article seeks to explore whether there is justice in the provision of healthcare services, specifically within the private sector in South Africa. (shrink)

In the introductory chapter of this book I firstly argue that the contemporary debate on justice focuses exclusively on matters of justice pertinent to nearly just societies; in the second place, I suggest that radically unjust societies generate problems of justice that cannot be solved by the naive application of current theories of justice. It follows that these problems of justice for unjust societies demand to be discussed in their own right. -/- In what follows, (...) just such an attempt will be made to extend the scope of the contemporary debate on justice by developing a theory of justice for a radically unjust society. The chapters seek to remedy the several deficiencies of the contemporary debate on justice. -/- Thus, in Chapter Two suggestions will be made on how to identify injustice so that people can learn to see their experiences of suffering, degradation, humiliation, and oppression in terms of justice and injustice. In Chapter Three a standpoint will be developed on the relation between universal and particular elements in a theory of justice. Chapter Four serves two functions that are intertwined and cannot be easily separated. It functions first as a guide for making the second transition involved in the identification of injustice: to articulate theoretically the experiences of injustice. The second function is to provide a method for the design, construction, and justification of a theory of justice for a specific society. -/- In Chapter Five the relation between considerations of justice and forms of political action for the transformation of injustice into justice will be explored. Chapter Six then investigates the possible role that cultural, linguistic, ethnic, and religious pluralism has to play in theorizing about justice, and it asks how justice can be secured for every person in such a society. In the concluding section of Chapter Six the need for an ongoing dialogue between members of a political community is emphasized as the best way for settling disputes on matters of justice. (shrink)

It is widely accepted that the seventeenth-century natural lawyers constructed the minimal requirement for social coordination between self-seeking individuals animated by the desire for self-preservation. On most interpretations, Grotius and his successors focused on the “perfect” duties (rules of justice) and had little to say about the “imperfect” duties of love and civility. This essay provides an alternative reading of post-Grotian natural law by reconstructing Pufendorf’s and Locke’s understanding of how the duties of civility and love might be (...) realised in civil society. The essay argues that, for Pufendorf and Locke, the desire for esteem offers an explanation of how people recognize the content of the reciprocal duties of social morality and motivate themselves to act accordingly. The reconstruction of their views on the beneficial effects of esteem-seeking points towards a new interpretation of how, and why, philosophical interest in an economy of esteem and the social nature of the self emerged, prior to their treatment by eighteenth-century authors such as Hume and Smith. (shrink)

Global Economy, Global Justice explores a vital question that is suppressed in most economics texts: "what makes for a good economic outcome?" Neoclassical theory embraces the normative perspective of "welfarism" to assess economic outcomes. This volume demonstrates the fatal flaws of this perspective--flaws that stem from objectionable assumptions about human nature, society and science. Exposing these failures, the book obliterates the ethical foundations of global neoliberalism. George DeMartino probes heterodox economic traditions and philosophy in search of an ethically viable (...) alternative to welfarism. Drawing on the work of Amartya Sen, DeMartino proposes the egalitarian principle of the "global harmonization of capabilities" to guide economics. This principle provides a basis for resisting oppression the world over while nevertheless demanding respect for cultural diversity. DeMartino puts this principle to work adjudicating contemporary debates over global policy regimes, and completes thebook with a set of deeply egalitarian global policies for the year 2025. Global Economy, Global Justice 's engaging prose will appeal to those seeking to understand the intersection between economics and political philosophy. Its focus on the normative foundations of contemporary policy disputes makes it unique in the literature on globalization. (shrink)

This paper begins with the observation that the contemporary eco-building movement in the UK focuses on technology with the principal aim of reducing carbon emissions and so combating climate change. While this focus may translate into justice for future generations, there seems markedly less regard for justice for others in intragenerational space. I analyse the eco-building movement's framings of sustainable development and sustainability, seeking out statements of equity via the criteria used for building materials selection. Closely defining (...) equity as theory and practice, analysis reveals that framings of sustainable development and sustainability in the eco-building movement vary considerably in their engagement with intragenerational equity. This begs the question of whether the movement has a shared political critique. There is a marked tendency to view discourses of environmental sustainability and social justice as distinct rather than mutually constitutive. I propose that the eco-building movement should engage in a politics of the common good (Sandel, 2010), contesting equity in the public domain. Wary of the reach of markets, the eco-building movement should debate not only the right way to distribute building materials and shelter but also the right way to value them. (shrink)