In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.

The political changes of recent years and the problems of poverty, the environment and nationalism have led to calls for the establishment of a just world order. But what would such a world be like? This book considers the concept of international justice as it has developed in traditional political theory from Hobbes to Marx and in contemporary writing on the subject. It develops a theory of international justice designed to take account of both individual freedom and the (...) differences among communities. (shrink)

David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law (...) of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If the (...) source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

This collection brings together well-established scholars to examine the limits of law, a topic that has been of broad interest since the events of 9/11 and the responses of U.S. law and policy to those events. The limiting conditions explored in this volume include marking law’s relationship to acts of terror, states of emergency, gestures of surrender, payments of reparations, offers of amnesty, and invocations of retroactivity. These essays explore how law is challenged, frayed, and constituted out of contact with (...) conditions that lie at the farthest reaches of its empirical and normative force. (shrink)

Les règles de la justice sont, d'après Friedrich Hayek, l'effet d'un ordre spontané et non de la volonté délibérée des hommes. Cette thèse renvoie à une conception de la règle abstraite et générale dont ce livre montre le lien avec les limites de la raison, l'abstraction constituant, selon Hayek, le moyen pour l'esprit de s'occuper d'une réalité que celui-ci ne peut entièrement comprendre. Une "primauté de l'abstrait" s'applique ainsi non seulement à l'ordre social - guidé par les règles abstraites de (...) la justice, mais également à l'ordre sensoriel, c'est-à-dire à notre perception du monde extérieur et aux dispositions à agir qui en résultent. Comment comprendre le lien entre cette primauté de l'abstrait et le libéralisme de Hayek, en particulier concernant sa conception de la "morale du marché" comme discipline des règles abstraites et son rejet de buts particuliers guidant l'action publique? Enfin, Hayek a-t-il eu raison d'attribuer au philosophe empiriste David Hume une telle conception de l'abstraction?"--Page 4 of cover. (shrink)

Bonnie Honig invigorates debate over the politics of refusal by insisting that withdrawal from unjust political systems be matched with collective action to change them. Historical and fictional characters from Muhammad Ali to the Bacchants of ancient Greek tragedy teach us how to turn rejection into transformative efforts toward self-governance.

"De nos jours, la justice est omniprésente dans l’espace public. Elle nous interpelle sous diverses formes?: faits divers, procès qui enflamment l’opinion publique, jugements qui affectent la vie des citoyens ou qui changent le paysage institutionnel dans lequel nous évoluons, etc. En fait, la médiatisation de la justice joue depuis longtemps un rôle essentiel dans le débat public, la régulation sociale ou le jeu politique en Occident. En une vingtaine d’études, plusieurs facettes du lien entre justice et espaces publics sont (...) explorées, de la fin du Moyen Âge jusqu’au siècle dernier, en Europe comme au Canada?: usages politiques de la justice, enjeux sociaux révélés par l’intervention judiciaire, échos médiatiques du palais et mobilisation de l’opinion publique, rôle de la presse dans les représentations du crime et des criminels, critiques du pouvoir judiciaire et des forces policières. Cet ouvrage collectif montre à quel point l’institution judiciaire a contribué à la construction de l’espace public au fil de ses transformations séculaires, combien aussi la justice ne se conçoit qu’à travers les lieux du vivre-ensemble et les différentes expressions de l’opinion publique. Le lecteur est donc convié à suivre le fil d’une vaste interrogation sur la place que la justice a historiquement occupée dans la formation de la conscience publique des sociétés occidentales." Présentation de l'éditeur. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Gonzales v. Oregon and the Politics of MedicineRonald A. Lindsay (bio)Throughout 2005, the morbid joke on Capitol Hill was that the twin inevitabilities of "death and taxes" had been replaced by "death politics and taxes." There seemed to be some truth in this observation given the highly publicized intervention by some members of Congress in the Schiavo case and the continuing controversy over government regulation of end-of-life care. The (...) Supreme Court's recent decision in Gonzales v. Oregon (74 U.S.L.W. 4068 (17 January 2006)) has resolved one of the critical issues relating to this controversy by holding that a physician may prescribe controlled substances to provide assistance in dying if such a practice is authorized by state law and not expressly prohibited by federal law. However, other issues remain. In fact, the Court's decision has underscored some of the reasons why there is not only continuing controversy over end-of-life care, but also over other aspects of the practice of medicine. First, it is apparent there is no consensus among health care professionals about the precise boundaries of the legitimate practice of medicine. Second, the regulation of the practice of medicine traverses ill-defined legal territory. In particular, there is significant uncertainty concerning the implications of some regulations as well as the allocation of regulatory authority between and within state and federal governments. This uncertainty leaves substantial room for political maneuvers.Before discussing the politics of medicine, it is worth looking at the regulation of controlled substances in some detail both because this review will provide the necessary background for understanding the ruling in Gonzales v. Oregon and because it will illustrate the uncertainty resulting from multiple sources of regulatory authority.Federal and State Regulation of Controlled SubstancesSince the Pure Food and Drug Act of 1906, the federal government has regulated certain aspects of the distribution and administration of drugs deemed susceptible to abuse. The current primary vehicle for federal regulation is the Comprehensive Drug Abuse Prevention and Control Act, enacted in 1970, of which Title II is known as the Controlled Substances Act (CSA) (21 U.S.C. § 801 et seq.). A [End Page 99] "controlled" substance is just that, a substance that is regulated under the CSA. The CSA classifies controlled substances in five categories or schedules based on their potential for abuse, their accepted medical use, and the risks associated with their use under medical supervision. Schedule I substances have a high potential for abuse and have no currently accepted use in medical treatment. Schedule II-V substances are approved for medical use but are subject to a descending hierarchy of restrictions on their use. To give a lawful prescription for a controlled substance, a physician must be registered with the appropriate federal agency, currently the Drug Enforcement Administration (DEA). Moreover, to be valid, such a prescription must be issued for "a legitimate medical purpose" (21 U.S.C. § 830(b)(3)(A)(ii)).There is little dispute that the primary purposes of the CSA are to control drug abuse and to eliminate illicit trafficking in drugs. In accomplishing these objectives, there is a division of responsibility among various federal agencies, in particular the Department of Health and Human Services and the Department of Justice. Of particular relevance to the controversy in Gonzales v. Oregon is the Attorney General's authority to revoke a physician's registration for prescribing controlled substances if the physician's registration would be inconsistent with the public interest.All 50 states have their own statutes and regulations that address various aspects of the distribution and administration of controlled substances. Most states have adopted versions of the model Uniform Controlled Substances Act, which largely mimics federal law, but several states have placed additional restrictions on a physician's ability to prescribe controlled substances, including time limits on the validity of a prescription and limits on the quantity of a drug that can be prescribed. States are the primary, but by no means the exclusive, source of regulation of medical practice in general. States license physicians, establish boards and agencies to regulate the actions of physicians, and promulgate rules and guidelines to which physicians... (shrink)

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional justice: New democracies grapple with their past (...) -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

Fiscal equivalence in the public administration of justice requires local police and courts to be financed exclusively by the populations that benefit from their services. Within a polycentric framework, broad based taxation to achieve fiscal equivalence is a desirable principle of public finance because it conceptually allows for the provision of justice to be determined by constituent’s preferences, and increases the political accountability of service providers to constituents. However, the overproduction of justice services can readily occur when the (...) benefits of the justice system are not enjoyed equally. Paradoxically, the same properties that make fiscal equivalence desirable by imposing restraint and control between constituents and local government also create internal pressures for agents of the state to engage in predatory, revenue-generating behavior. (shrink)

Two issues have been central within political philosophy in the last decade or so. The first is the debate over 'the politics of distribution versus the politics of recognition,' which is usually associated with the work of Axel Honneth and Nancy Fraser. The second is discussion of the phenomenon known as globalization, focusing on the notions of cosmopolitanism and global justice. This book explores the relationship between these two issues. It considers not only the global dimension of the politics (...) of recognition, but also how recognition theory can provide new insights into our understanding of problems of global justice, especially those of a non-distributive nature. A number of the contributors consider the relevance of Hegel's theory of recognition for our understanding of these issues. (shrink)

Justice at Nuremberg traces the history of the Nuremberg Doctors' Trial held in 1946-47, as seen through the eyes of the Austrian bliogemigrbliogé psychiatrist Leo Alexander. His investigations helped the United States to prosecute twenty German doctors and three administrators for war crimes and crimes against humanity. The legacy of Nuremberg was profound. In the Nuremberg code--a landmark in the history of modern medical ethics--the judges laid down, for the first time, international guidelines for permissible experiments on humans. One of (...) those who helped to formulate the code was Alexander. Justice at Nuremberg provides a detailed insight into the origins of human rights in medical science and into the changing role of international law, ethics and politics. (shrink)

Democracy as an administrative system is maintained through party representation and election in which everybody is duly represented, and through a constitution which is prepared in the interest of equity, justice and egalitarianism, and through the rule of law which does not permit any form of preferential or partial treatment and judgement. In Nigeria, democracy came into real existence on 29 May 1999. Coincidentally, sharia, which is the theocratic legal system of Islam, was adopted in Zamfara State followed by some (...) other states of the country almost at the same time. This article is aimed at a critical examination of the socio-religious implications of the practice of theocracy in the implementation of the provisions of sharia as state law in the democratic nation, Nigeria. An attempt at interpreting and proffering solutions to the destabilising effects of the adoption of sharia in contradistinction to the legal system provided by the democratic constitution of the country is made. This research adopted a historical approach and was dependent on both primary and secondary sources. The result indicates that the implications of the 'adoption and practice of sharia in some states of Nigeria are manifest in legal duality, religious partiality and social instability.' This article, therefore, recommends for the country a very important aspect of political restructuring, namely, that religion should be separated from politics. (shrink)

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 in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

Proclus takes the Republic’s (Book V) recommendation that there should be both male and female Guardians as a serious political proposal, but like Plato, he gives few specifics. A recurring theme in Proclus’ commentary is that political arrangements are just to the extent that they effectively mirror the providential administration of the cosmos. Thus the Myth of Er is not merely an adornment at the end of the dialogue, but contains important information about the cosmic paradigm to (...) which the just human polis should assimilate itself. This paper will consider the role of female Guardians in Proclus’ interpretation of the Republic as a serious suggestion in political theory by looking at the cosmic paradigms for women’s administration of justice in the Myth of Er. I have argued elsewhere that Proclus hypothesises gendered souls corresponding to male and female divinities and that, moreover, the feminine is subordinate to the masculine at the level of the divine. One point to emerge from my reading of the Myth of Er is that the female Guardians are likely to be subordinated to their male counter-parts if they play a role in the ideal polis analogous to the female divinities in the Myth of Er. A second point is that there are aspects of their role that seem to resemble some features of what has come to be called ‘the ethics of care’. (shrink)

What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, and (...) justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (shrink)

필자는 이 논문에서 낸시 프레이저의 이론을 발전시키는 가운데 젠더로서의 여성을 문화적, 경제적, 정치적 차원이 중첩된 3가적 집단으로 이해하고자한다. 그리고 이러한 세 가지 차원에서 나타나는 여성 빈곤의 세 가지 양식, 문화적빈곤(무시), 경제적 빈곤(잘못된 분배), 정치적 빈곤(대표 불능)이 어떤 것인지를밝힐 것이다. 여성 빈곤의 3가성이란 이러한 세 차원의 빈곤이 서로 얽혀 있지만,세 차원 중 어느 하나로 나머지가 환원될 수 없음을 의미한다. 따라서 필자는 이러한 여성의 복합적 빈곤을 치유하기 위해서는 안티테제와 환원주의의 개념틀을 넘어서 프레이저가 제안하고 있는 위상 모델과 변혁적 개선책으로의 전회가 필요함을 주장할 것이다. (...) 마지막으로 필자는 프레이저의 대안적 개념틀이 가진 취약점을비판적으로 살펴보고 이에 대한 보완책의 방향을 간단히 제시해 보고자 한다. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Lord Nottingham and the Conscience of EquityDennis R. KlinckI. Introduction"There is nothing more in our Mouths than Conscience," wrote John Sharp in the 1680s, echoing a sentiment that had been expressed before in the seventeenth century.1 Indeed, one modern writer has observed, uncontroversially, that that century "can justly be called the Age of Conscience."2 Among the foci of this preoccupation one can identify such topics as moral and religious (...) casuistry and "liberty of conscience." My focus in this paper is somewhat different: conscience as a criterion of judgment in the Court of Chancery—the court of equity—and particularly its meaning for Heneage Finch, Lord Nottingham, successively Lord Keeper and Lord Chancellor from 1673 to 1682, a seminal figure in the history of English equity.The intimate connection of conscience with the equitable jurisdiction [End Page 123] is a commonplace,3 and certain aspects of it have been quite thoroughly studied.4 A central problem that has been identified with resort to conscience as a criterion of legal judgment is its subjective and hence ostensibly arbitrary nature. This concern goes back a long way. Thomas Audley, in 1526, argued that conscience was an uncertain ground of law because "it depended upon the 'arbitrament' of one man, the chancellor alone."5 The author of The Replication of a Serjeant at the Laws of England similarly raised the complaint of "divers men, divers conscience."6 No doubt the most remembered comment of this sort is John Selden's that the spaciousness of chancellors' consciences might vary as much as the length of their respective feet, so that equitable adjudication on the basis of conscience was "a roguish thing."7 Nottingham himself balked at the idea that justice might be dispensed according to the kind of conscience that amounted only to "the pleasure of a Court which took upon itself to be purely arbitrary."8Indeed, as the father of systematic equity,9 Nottingham apparently devoted himself to the project, undertaken in some measure by certain of his predecessors,10 of making the jurisdiction regular. He repeatedly makes this [End Page 124] point. In the case just cited, he observes that "equity itself would cease to be Justice if the rules and measures of it were not certain and known" and that "conscience" has to be "dispensed by the rules of science" (639). "Rules," "measures," and "science" are by-words of his preoccupation. Elsewhere, he asserts that "if equity be tied to no rule... everything becomes arbitrary."11At the same time, he did not abandon conscience as a kind of touchstone of equity. He refers to it repeatedly, and often speaks of Chancery as a "court of conscience,"12 as if this was a perfectly natural way of describing it. So the question becomes: how did he reconcile the tendency towards arbitrariness thought to be implicit in "conscience" with the ruled, measured, scientific system that he sought to develop? Or putting the question slightly differently: how did he understand or limit the notion of "conscience" so as to make it compatible with the "regular equity" to which he aspired?What appears to have been a crucial distinction for Nottingham in this regard was that between private conscience and public, or perhaps civic, conscience. In the Prolegomena, he says that "there is a twofold conscience, viz. conscientia politica et civilis, et conscientia naturalis et interna" and that "[m]any things are against inward and natural conscience, which cannot be reformed by the regular and political administration of equity" (194). He makes the point again in "the great case" of Cook v. Fountain: "With such a conscience which is only naturalis et interna this Court hath nothing to do; the conscience by which I am to proceed is merely civilis et politica, and tied to certain measures...."13 As Yale points out, this distinction was not new with Nottingham. The distinction between the forum internum and the forum externum was venerable;14 an anonymous Elizabethan case distinguishes between matters of conscience in which equity will intervene and those that must be left to the party's own moral judgment;15 Francis Bacon recognized, at least as alternatives, a party... (shrink)

This paper aims to reevaluate Aristotelian political theory from an egalitarian perspective and to pinpoint its legacy and relevance to contemporary political theory, demonstrating its importance for contemporary liberal democracies in a changing world, suggesting a new critique of liberal and neoliberal political theory and practice, and especially the improvement of our notion of the modern liberal-democratic state, since most contemporary representative liberal democracies fail to take into account the public interest of the many and do very (...) little in order to advance it. The paper will focus on key aspects of Aristotle’s thought, such as his notions of justice (δικαιοσύνη/dikaiosunē and ἁπλῶς δίκαιον/aplōs dikaion), concord (ὁμόμοια/homonoia), friendship (φιλία/philia) and the art of ruling (τέχνη τοῦ ἄρχειν/technē tou archein), arguing that Aristotle’s theory requires us to have concern for our fellow citizens; ‘concern for others’ as opposed to the mere ‘respect for others’ that contemporary neo-Kantian liberalism advocates . Hence, I will examine these aspects of Aristotle’s philosophy that have not so far been adequately discussed, in relation to his conception of the ‘common or public interest’ (τὸ κοινῇ συμφέρον/to koinē sympheron) which is essential in order to understand the Aristotelian vision for ‘the art of politics’ (τέχνη τοῦ ἄρχειν) which should always aim towards the interest of the many, i.e., the people (πλῆθος/plēthos). (shrink)

In _The Poetics of Political Thinking_ Davide Panagia focuses on the role that aesthetic sensibilities play in theorists’ evaluations of political arguments. Examining works by thinkers from Thomas Hobbes to Jacques Rancière, Panagia shows how each one invokes aesthetic concepts and devices, such as metaphor, mimesis, imagination, beauty, and the sublime. He argues that it is important to recognize and acknowledge these poetic forms of representation because they provide evaluative standards that theorists use in appraising the value of (...) ideas—ideas about justice, politics, and democratic life. An investigation into the intertwined histories of aesthetic and political accounts of representation—such as Panagia presents here—sheds light on how modes of poetic thinking delimit the questions of unity and diversity that continue to animate contemporary political theory. Panagia not only illuminates the structure of much contemporary political theory but also shows why understanding the poetics of political thinking is vital to contemporary society. Drawing on Gilles Deleuze’s critique of negation and his privileging of paradox as the source of political thought, Panagia suggests that a non-teleological concept of difference might generate insight into pressing questions about foreignness and citizenship. Turning to the liberal/poststructural debate that dominates contemporary political theory, he compares John Rawls’s concept of justice to Rancière’s ideas about political disagreement in order to demonstrate how, despite their differences, both thinkers comprehend aesthetic and moral reasoning as part and parcel of political writing. Considering the writings of William Hazlitt and Jürgen Habermas, he describes how the essay has become the exemplary genre of what is considered rational political argument. _The Poetics of Political Thinking_ is a compelling reappraisal of the role of representation within political thought. (shrink)

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

The confirmation process and the virtues of duplicity -- How to be aggressive and passive ... and great -- Recusal and the vices of impartiality -- The use and misuse of the politics of personality -- Fortuna : the role of chance in choosing cases -- When and why to avoid a case -- Carpe diem : when to embrace a case -- Tactical tools : using procedure to one's advantage -- Oral arguments : what to say and how -- (...) When to lose a case and win a cause -- In defense of unprincipled decision making -- How to manipulate the rule of law -- When precedents are to be honored (if only formally) -- When to take command and make demands -- The boldest moves : when and how to make them -- On writing : when style should trump substance -- When it is wise to write a separate opinion -- Law clerks : when and how to use them -- How to play to the media -- Cameras in the courtroom : seizing the future -- On television : the medium is not the message -- On publishing books : when and of what kind -- The threat of impeachment and how best to avoid it -- When it is best to retire -- Directing history : a justice's working papers and what to do with them -- How to best secure an enduring legacy. (shrink)

This book considers the way that Cesare Beccaria's slim 1764 volume On Crimes and Punishments influenced policy developments worldwide and over decades, if not centuries, after its publication. For those who turn to Beccaria's work today, the encounter is shaped by that knowledge. Appreciative of his book's dual nature as historical document and repository of ideas, the contributions in this collection address different aspects of the criminal justice theory Beccaria offered his readers and face up to methodological questions raised by (...) meeting a historical text of this kind - unsystematic and by modern standards often under-argued - with modern scholarly conventions in mind. Contributions in the first part of the book engage with Beccaria's 'political theory of criminal justice' through the lenses of political and penal philosophy. How do we get from Beccaria's blending of social-contractarian foundations and proto-utilitarian policy analysis to the concrete set of criminal justice practices Beccaria presents as justified? This leads across to the second part where contributors approach Beccaria's ideas with present-day reforms and developments in mind. Many of his policy proposals and arguments remain significant from our contemporary perspective, their limitations and omissions proving as instructive for the contemporary scholar as their more prescient elements. The third part offers those looking at Beccaria's work today a glimpse into the practical difficulties facing the firebrand author turned public servant during his long career in the Habsburg-Lombardian administration. It puts his work into the broader context of pathways to criminal justice reform in northern Italy, Habsburgian Lombardy, and the Austro-Hungarian Empire in Beccaria's day. (shrink)

This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the most important insights of his social theory. This collection presents Durkheim's thought in an unusual and revealing light and shows him as a key social and political thinker for the twenty-first (...) century. (shrink)

This paper is devoted to clarifying Hannah Arendt’s concept of political freedom by the means of analysing its structure. My analysis proceeds in three steps. Firstly, I distinguish a pre-political concept of freedom as exercising spontaneity, which is at the root of Arendt’s understanding of political freedom. Secondly, I analyse her account of freedom as exercising action and indicate its relationship to the elementary freedom of spontaneity. Arendt endowed action with a distinguished importance, since she assumed that (...) it is the only activity within the vita activa, which has a special anthropological and axiological significance. According to Arendt, only action allows one to truly experience the fundamental aspect of the human condition, which is the fact of human plurality; it is also the only activity which allows one to exercise specifically public principles, such as solidarity, equality, or justice. Thirdly, I indicate how these two accounts of freedom translate into Arendt’s concept of political freedom. This analysis reveals that the Arendtian concept of political freedom is markedly original. She did not define it in a usual manner, i.e. through indicating bundles of legal and political rights which determine the accepted scope of participation in the public affairs. The inherent part of her concept of political freedom is a specific account of how it must be exercised. Political freedom understood as the participation in governance exercised through action is not merely an activity of instrumental, but also anthropological and axiological importance, which is due to the special anthropological and axiological meaning of action. In the final section, I discuss the practical dimension of Arendt’s theory. She doubted whether the traditional representative democracy is capable of accommodating her ‘rich’ ideal of political freedom, therefore she proposed an alternative account of political system based on councils. I formulate objections against this proposition and demonstrate that councils would presumably fail to accommodate Arendt’s exacting account of political freedom. (shrink)

Research questions asked about Pompeius’ cura annonae – often termed “grain command” – dwell mainly on what made it more like any other promagistracy. Scholars tend to approach this office as if it were a kind of military command, albeit innovative. However, unlike promagistrates before him, Pompeius was endowed with the task which concerned the sphere domi. While not neglected, this aspect of Pompeius’ power becomes even more significant if appreciated through the lens of a more general problem of late-republican (...) promagistrates’ interference in the sphere of domestic politics. This paper aims to supplement scholarly observations on the cura annonae, including F. Vervaet’s recent findings, by reconsidering especially the evidence on Pompeius’ making or revising a list of grain recipients. (shrink)

As Axel Honneth argues in his early essay “The Other of Justice,” Derrida and Levinas offer convincing arguments for offsetting practical philosophy’s traditional focus on justice with a focus on care. In Honneth, this leads to a strict dichotomy of justice (as equal treatment) and care (as singular responsibility). I show that Derrida and Levinas think of justice and responsibility not as dichotomic, but rather as aporetic. In all ethico-political conflicts, aspects of responsibility and justice are in play that (...) are irreducible to, and in constant tension with, one another. Derrida and Levinas disclose a constitutive. This aporia opens up new perspectives on normativity. (shrink)

In the wake of political evil on a large scale, what does justice consist of? Daniel Philpott takes up this question in Just and Unjust Peace. While scholars have written about many aspects of dealing with past injustice, no general ethic has emerged. Philpott seeks to provide a holistic model that delivers concrete ethical guidelines for societies striving to build peace.

Arguing that a crisis is upon us, the Bush Administration has proposed an energy strategy remarkable in its scope and audacity. While much criticism has been directed towards the plan’s ecological impacts, it also guarantees the continuing collapse of communities tha stand in the way of the full realization of the current energy economy. This situation is best understood reference to evolving notions of environmental justice. Unfortunately, the variety of meanings attributable to environmental justice often times come into conflict (...) when applied to specific cases. Until a way is found to reconcile the idea’s many diverse meanings and to prevent one or another to be used in a specific institutional context to the exclusion of all others, environmental justice will, in a perverse way, be turned into yet another means to disregard society’s most vulnerable members. (shrink)

In this book Reynold Macpherson initiates a politically-critical theory of educative leadership as a fresh line of inquiry in the practice, research and theory of educational administration and educational leadership. Divided into four parts, the book introduces the sub-discipline of political philosophy to the field of educational administration, management and leadership. It does this by clarifying the knowledge domain of each and identifying how four political ideologies, specifically pragmatism, communitarianism, communicative rationalism and egalitarian liberalism, have primarily (...) informed and surreptitiously provided contestable justifications for power in the development of practice, research and theory in the field of study. The book goes on to offer three case studies illustrating how political philosophy can be used to interpret how people become leaders and administrators of educational institutions and systems. Additional case studies then demonstrate how crises in governance in educational institutions and systems can be analyzed and improvements made using the tools of political philosophy. The final part uses the sub-discipline to critique the author's decades of research into educative leadership, and concludes the book by both establishing the relativity of politically-critical critique and the ideology it favours; neo-pragmatism. Political Philosophy, Educational Administration and Educative Leadership will provide practitioners, researchers and theorists in educational administration, management and leadership with a deeper appreciation of power by formally introducing them to the assumptions, limits and tools of political philosophy. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making the scale (...) of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

The objective of this study has been to establish the level of significance that Gustavo Gutierrez and Juan Luis Segundo attribute to politics in their contributions to liberation theology and to extract the relevant consequences for political theory. ;A systematic analysis of the theory of history in the works of these two authors indicates a higher level of integration between Christianity and politics that is usual in Christian political thought. Liberation is equated with salvation and political liberation (...) is seen as one of its components. This brings politics to a position of privilege. When at the service of justice it occupies, for our authors, a high rank among Christian concerns and when devoted to oppression it requires diligent response from every Christian. ;This understanding of politics is valuable in that it accentuates the political aspect of the Christian theory of history, an element frequently underestimated. Certain tensions remain, however, in the theory as a result of this emphasis: between the moral improvement expected from the involvement in political activities conducive to justice and the moral ambiguity of political structures emerging from such activity; and between the use of the concept of class struggle and notions of conversion and reconciliation. Finally, there is the danger of reducing the critical ability of Christians regarding a particular political project by identifying it with the concept of eschatology. (shrink)

This paper uses Paul Ricœur’s analyses of ideology to argue for the mitigation of the possibility of political evil within the political paradox. In explicating the paradox, Ricœur seeks to hold in tension two basic aspects of politics: its benefits and its propensity to evil. This tension, however, should not be viewed as representative of a dualism. The evil of politics notwithstanding, Ricœur encourages us to view the political order as a deeply important part of our shared (...) existence. By thinking past the distorting function of ideology to the legitimating and integrating functions that Ricœur calls more basic than distortion, a mode of thought that is often at the heart of political evil, ideology can be used to mitigate that very evil. Keywords: Ri cœur, “The Political Paradox,” Ideology, Political Violence, Justice. Résumé Cet article s’appuie sur les analyses ricœuriennes de l’idéologie dans le but de montrer que l’idéologie est susceptible de contribuer à une atténuation du mal politique inhérent au paradoxe politique. Dans son explicitation de ce paradoxe, Ricœur cherche à mettre en relation tensionnelle deux aspects fondamentaux de la politique: ses avantages et ses maux. Cependant, cette tension ne devrait pas être interprétée comme l’expression d’un dualisme. En dépit du mal inhérent au politique, Ricœur nous encourage à voir l’ordre politique comme une partie profondément importante de notre existence partagée. Si l’on régresse en-deçà de la fonction de distorsion de l’idéologie vers ses fonctions légitimantes et integratrices, c’est-à-dire vers ses fonctions les plus fondamentales, il apparaît en effet que l’idéologie, tout en étant souvent au cœur du mal politique, peut néanmoins être utilisée pour atténuer ce mal. Mots-clés: Ricœur, paradoxe politique, ideologie, violence politique, justice. (shrink)

This article seeks to show the importance of Cicero for Kant by pointing out the systematic relationship between their respective views on ethics and law. Cicero was important to Kant because Cicero had already elaborated an imperative, “quasi-jural” conception of duty or obligation. Cicero had also already prefigured the distinction between ethical duties and duties of justice. The article does not establish any direct historical influence, but points out interesting systematic overlaps. The most important in the realm of ethics are (...) a universal rationalism; a rule-based normative framework of duty; and skepticism about (Cicero), or rejection of (Kant), eudaimonism. In the realm of political theory, it is the centrality of law and of property that unites both thinkers; both reject voluntarism in thinking that consensus flows from the right external laws, not the other way around, and thus creates a juridical community; and lastly, both Cicero and Kant believe that transparence, or publicity, is a key ideal that might be presupposed by both the ethical and the juridical domain. The article thus shows that both Cicero and Kant separate ethics from law, but there are indications that neither has given up the aspiration to bridge the two realms on a higher plane. This reading of Kant yields both a more Ciceronian Kant and allows us to perceive Kantian aspects of Cicero. (shrink)

This article explores issues associated with schooling and political justice. Such issues are understood in light of the contention surrounding howWestern schooling contexts might best represent marginalised groups—in ways that accord them a political voice. The significance of group identity politics is explored drawing on international debates associated with ethnically segregated schooling. A postcolonial theorising of group identity highlights the ways in which segregated schooling can both support and undermine politically just representation for marginalised students. This theorising draws (...) attention to the problematic notion of voice in linking representation to identity in reductionist ways. The arguments presented point to the significance of people and their politics, rather than their membership to a particular identity group, in pursuing equity for marginalised groups. The article argues the imperative of understanding group identity as an aspect of negotiated social practice that can be drawn on in strategic and critical ways to address matters of political injustice. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the bar (...) of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

Although South African and international research has been enriched by a wide variety of empirical findings regarding supply chain management (SCM) corruption in South Africa, there is a significant gap in the literature, particularly in terms of the direct and indirect connections of black economic empowerment (BEE) entrepreneurs, local government and to processes of SCM at South African municipalities. This study is based on an inductive, qualitative and interpretative methodology aimed at analysing and dissecting relationships in the context of BEE (...) entrepreneurs engaging in corruption. Within this realm of corruption, the article also looks at the role of supply chain and procurement at two South African municipalities. The municipalities selected were situated in both urban and rural areas in KwaZulu-Natal and the Eastern Cape. The eight interviewees represented the political, administrative and workers’ sections of the municipalities. The findings pinpoint the realities of aspects of BEE associated with the nature of corruption in public procurement in the municipalities and the influence of BEE entrepreneurs in processes of corruption, particularly in SCM functions and processes. Contribution: Corruption remains a key threat to South Africa’s young democracy. This is particularly true at the local level, the central pivot in our society building exercise. A multidisciplinary journal of this nature will benefit from the focus of this article, particularly in light of the fact that it also hopes to ignite thought around the moral ramifications of rampant corruption in South Africa. (shrink)

There is now widespread agreement that many non-human animals are sentient, and that this fact has important moral and political implications. This book is devoted to sketching what this 'sentientist politics' might look like.

A broadly liberal politics requires political compassion; not simply in the sense of compassion for the victims of injustice, but also for opponents confronted through political protest and (more broadly) dissent. There are times when, out of a sense of compassion, a just cause should not be pressed. There are times when we need to accommodate the dreadfulness of loss for opponents, even when the cause for which they fight is unjust. We may also have to come to (...) terms with the irreversibility of historic injustice and reconcile. Political compassion of this sort carries risks. Pushed too far, it may weaken our commitment to justice through too great a sympathy for those on the other side. It would be convenient if such compassion could be constrained by a clear set of political principles. But principles run the quite different risk of promoting an 'ossified dissent', unable to respond to change. In this book, Tony Milligan argues that principles are only a limited guide to dissent in unique, contingent circumstances. They will not tell us how to deal with the truly difficult cases such as the following: Should the Lakota celebrate Thanksgiving? When is the crossing of a picket-line justified? What kind of toleration must animal rights advocates cultivate to make progress within a broadly liberal political domain? And how should we respond to the entangling of aspiration towards social justice with anger and prejudice (such as the 'anti-Zionist' discourse)? We may be tempted to answer these questions by presupposing that alignment (the business of choosing sides) is ultimately more important than compassion, but sometimes political compassion trumps alignment. Sometimes, being on the right side is not the most important thing. (shrink)

In all societies, past and present, one can find social relationships marked by political domination. Properly understood, domination is a great evil, the suffering of which ought to be minimized so far as possible. This being so, it stands to reason that political and social theorists would have attempted a general analysis of the concept of domination. Surprisingly, however, this is not the case. General accounts of political domination are few and far between; even among those that (...) can be found, most are brief, ad hoc, restricted to one or another aspect or form of domination, hopelessly vague, or some combination of these. None discusses the relative advantages or disadvantages of two or more competing conceptions. This study aims to redress this lacuna. It argues first, that domination should be understood as a condition suffered by persons or groups to the extent that they are dependent on a social relationship in which some other person or group wields arbitrary power over them. This is called the arbitrary power conception of domination. It argues second, that we should regard it as wrong to perpetrate or permit the unnecessary suffering of domination, and that as a matter of justice the political and social institutions of any society should be organized so as to minimize domination to the extent that this is possible. This is called justice as minimizing domination, a conception of political or social justice. This study employs a variety of methodological techniques---including conceptual analysis, formal modeling and game theory, social theory, and moral philosophy. Existing accounts of dependency, power, social convention, political liberty, and so on are clarified, expanded, or revised along the way. For these reasons, this study should appeal to a broad audience with diverse methodological and substantive interests. (shrink)