The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to (...) one notion of fairness and I illustrate the function of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature. (shrink)

The formal justice model proposed by Anita Silvers in Disability, Discrimination, and Difference emphasizes the social model of disability and the need for full equality of opportunity, and it suggests that a distributive model of justice that gives special benefits to individuals with disabilities is self-defeating. Yet in that work, Silvers allows an exception for the "profoundly impaired." In this paper, I show how the formal justice theory falls short when it comes to defining and (...) dealing with "profoundly impaired" individuals and explore the ways in which making the exception raises serious theoretical concerns for the grounding of the formal justice model. (shrink)

This paper discusses a much-neglected aspect of Neil MacCormick's theory of legal reasoning, namely what he calls ‘consequential reasoning’. For MacCormick, consequential reasoning is both an omnipresent feature of legal reasoning in England and Scotland, as well as being a valuable one. MacCormick articulates the value of consequential reasoning by seeing it as contributing to the forward-looking requirement of formal justice, ie, of deciding the instant case on grounds that one is willing to adopt when deciding future similar (...) cases. This paper situates consequential reasoning in the overall picture of legal reasoning MacCormick develops in Legal Reasoning and Legal Theory, going on to show the evolution of his view on consequential reasoning in later work, which culminates in Rhetoric and the Rule of Law. It is argued that MacCormick's later view of consequential reasoning, ie, of a process of testing possible rulings by evaluating the acceptability or unacceptability.. (shrink)

The formal part of this chapter is concerned with measures of need-based justice. According to the measures we propose, a distribution is unjust (i) the more it deviates from absolute need satisfaction and equal degrees of need satisfaction, (ii) the more the given undersupply could have been mitigated by transfers, or (iii) the more resources are used for oversupply instead of need satisfaction. These measures are compared, i.e., as to the satisfaction of need-oriented relatives of axioms prominent in (...) poverty measurement; and we have a critical eye on the proposals of Jasso and Miller. The empirical part reports on three vignette studies conducted to find out how people evaluate the justice of given distributions and how they distribute goods when aiming at justice. The main goal was to measure the significance ascribed to need. This significance was compared with the significance ascribed to effort or equality; and it was shown that a need’s influence decreases when the corresponding person is accountable for having a higher amount of it. In the third study, we found out that needs that are not directed at bare survival, such as the need for participation in social life, are attributed lower degrees of importance. The chapter concludes with some implications of our research for a theory of need-based justice. (shrink)

Management control systems include justice implicitly, as they believe that the market provides what is just or not through the market value. Psychological literature has deemed that people can perceive which procedures and decisions are just or not. In this paper, we argue that management control systems need to include justice criteria explicitly, beyond mere market value, in both their design (formal justice) and use (informal justice). This will increase the probability that organizational members will (...) collaborate to achieve organizational goals. (shrink)

Management control systems include justice implicitly, as they believe that the market provides what is just or not through the market value. Psychological literature has deemed that people can perceive which procedures and decisions are just or not. In this paper, we argue that management control systems need to include justice criteria explicitly, beyond mere market value, in both their design (formal justice) and use (informal justice). This will increase the probability that organizational members will (...) collaborate to achieve organizational goals. (shrink)

The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek's Law, Legislation and Liberty and Robert Nozick's Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on (...) freedoms of individual members of a society. In response to this critique, we will introduce the distinction between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognise (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant's argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant's justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice. (shrink)

Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique contemporary notions of the rule of law, rights and legal equality. A work of reconstruction, it offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of co-operative community life, the book presents a vision of law that facilitates rather than frustrates politics, (...) an anlysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision based on the recognition of shared humanity. (shrink)

This study investigates the relationship between workers'' perceptions of distributive and procedural justice afforded by a grievance system and their more general belief in an underlying moral order in the workplace. Using samples representing five ocupationally distinct groups, the presence of any moderating effects of occupation received only weak support. Consistent with previous work, however, workers'' perceptions of procedural justice (i.e., fairness in the process) were a stronger predictor of workers'' belief in workplace justice than were perceptions (...) of distributive justice (i.e., fairness of outcomes). (shrink)

This paper presents an exercise in the formalization of political principles, by taking as its theme the concept of distributive justice that Karl Marx advanced in his Critique of the Gotha Programme. We first summarize the content of the Critique of the Gotha Programme. Next, we transcribe the core of Marx’s presentation of the concept of distributive justice. Following, we present our formalization of Marx’s conception. Then, we make use of that formal analysis to confront Marx’s principle (...) of distributive justice with John Rawls’ conception of justice as fairness, and the principles of distributive justice that derive from it. Finally, we discuss methodological issues relative to, and implications of, the way of formalizing political principles introduced here. (shrink)

In this journal, Dr Daniel Daly, an American bioethicist, uses a principlist approach (respect for autonomy, non-maleficence, beneficence and justice) to argue that intravenous opiate users should not be denied repeat heart valve replacements if these are medically indicated, ‘unless the valve replacement significantly violates another’s autonomy or one or more of the three remaining principles’.1 In brief outline, the paper seeks to use a widely accepted ethical theory—‘principlism’ as developed by Beauchamp and Childress over the last 40 plus (...) years and eight editions of their ground-breaking book Principles of Biomedical Ethics2—to resolve clinical disagreement about the ethics of denying medically indicated life-prolonging treatment to patients who continue or resume intravenous opiate use. The argument Dr Daly's argument in very brief summary is that in the context of contemporary American medical practice, such treatment is ethically justified—perhaps even ethically required—if requested or accepted by an adequately autonomous patient and thus respects the patient’s autonomy, if it is not harmful to the patient, if it is beneficial to the patient, and if it is fair and just in terms of Aristotle’s formal theory of justice according to which equals should be treated equally while unequals should be treated unequally in proportion to the morally relevant inequality or inequalities. Dr Daly focuses his argument around a typical case description where these conditions are met and therefore where, he concludes, repeat heart valve replacements ought to be provided. As Dr Daly notes, principlism ‘is not without its problems; nonetheless it does provide a viable set of principles that are widely held by medical ethicists and inform the work of ethics committees at many secular medical facilities’. DOI (declaration of interest): The writer of this editorial is a career-long supporter and defender of the use of ‘principlism’ or ‘the four principles …. (shrink)

What is justice? Questions of justice are questions about what people are due, but what that means in practice depends on context. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of integration and unity, but the integrity of justice is limited, in a way that is akin to the integrity of a (...) neighborhood rather than that of a building. A theory of justice is a map of that neighborhood. (shrink)

Pursuing Justice, Second Edition, examines the issue of justice by considering the origins of the idea, formal systems of justice, current global issues of justice, and ways in which justice might be achieved by individuals, organizations, and the global community. Part 1 demonstrates how the idea of justice has emerged over time, starting with religion and philosophy, then moving to the justice as a concern of the state, and finally to the concept (...) of social justice. Part 2 outlines the very different mechanisms used by various nations for achieving state justice, including systems based on common law, civil law, and Islamic law, with a separate discussion of the US justice system. Part 3 focuses on four contemporary issues of justice: war, genocide, slavery, and the environment. Finally, Part 4 shows how individuals and organizations can go about pursuing justice, and describes the rise of global justice. This updated timely book helps students understand the complexities and nuances of a society's pursuit of justice. It provides students with the foundations of global justice systems, integrating Greek philosophies and major religious perspectives into a justice perspective, and contributes to undergraduate understanding of international justice bodies, NGOs, and institutions. New edition is completely updated and revised to achieve relevance for today's students Covers concepts of justice as well as ideas for pursuing and achieving justice Examines how our modern laws began, and traces their evolution to today's laws Presents concepts and issues in justice studies as well as a comparison of several systems of law Teaching resources include discussion questions and real-world examples. (shrink)

Countering the present trend in the discourse on justice wherein human reason is perceived and marginalized as an embarrassment to justice and the trend to reject the concept of formal justice, this paper argues that there is formal justice and the essence of justice is setting things right and setting righteousness to stand straight. By this token, justice means the rule of reason, not the rule of power and desire, and the ethics (...) of justice differs fundamentally from the ethics of care/benevolence. The popular assumption that justice as the rule of reason is incompatible with the idea of justice as accommodating diversity is unjustified. The paper joins the present discourse on justice from a historical perspective. It examines the historical Confucian and neo-Confucian concept of justice in a way of its dialogues with other Western concepts of justice such as Plato's concept of justice. (shrink)

This article argues that Honneth’s ‘plural conception of justice’, founded on a theory of recognition, does not succeed in distancing itself from Rawls’ liberal theory of justice. The article develops its argument by evaluating three major objections to Rawls’ liberalism raised by Honneth in his recent articles on justice: namely, first, that the parties responsible for choosing principles of justice are too individualistic and their practical reasoning too instrumentalist; second, that by taking as its ‘object-domain’ the (...) negative liberty of persons, Rawls’ theory fails to promote the actual realization of liberty; and finally, that Rawls’ method of principle justification undermines the ‘priority’ of its Kantian ‘formality’ by presupposing a substantive commitment to a conception of individual good. Arguing that Honneth’s interpretation of Rawls’ theory contains important errors, the article concludes that both theories share the basic intention of securing for all citizens the material and institutional conditions for the actualization of otherwise merely formal liberties or, in Honneth’s terms, mutual self-realization. (shrink)

Informal justice often is castigated as rough justice, procedurally unauthorized and substantively unrationalized and prone to error. Yet those same features are present, to some extent, in formal justice as well: they do not form the basis for any sharp categorical contrast between formal and informal justice. Furthermore, some roughness in justice may be no bad thing. Certain of those elements of roughness in formal justice are inextricably bound up with other (...) features of formal justice that are rightly deemed morally important. And rough informal justice can sometimes be used to change formal justice in more just directions. (shrink)

The deliberative turn in political philosophy sees theorists attempting to ground democratic legitimacy in free, rational, and public deliberation among citizens. However, feminist theorists have criticized prominent accounts of deliberative democracy, and of the public sphere that is its site, for being too exclusionary. Iris Marion Young, Nancy Fraser, and Seyla Benhabib show that deliberative democrats generally fail to attend to substantive inclusion in their conceptions of deliberative space, even though they endorse formal inclusion. If we take these criticisms (...) seriously, we are tasked with articulating a substantively inclusive account of deliberation. I argue in this article that enriching existing theories of deliberative democracy with Fricker's conception of epistemic in/justice yields two specific benefits. First, it enables us to detect instances of epistemic injustice, and therefore failures of inclusion, within deliberative spaces. Second, it can act as a model for constructing deliberative spaces that are more inclusive and therefore better able to ground democratic legitimacy. (shrink)

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice (...) is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (shrink)

If someone assaults you, should they get a milder penalty if they are rich than if they are poor? We wouldn't dream of passing a law that formalized such an arrangement. But the design of our legal systems in the US, UK, and elsewhere, which permits people with sufficient money to pay for better lawyers, means that wealth often does make a difference to legal outcomes. Justice, then, depends not only on the substance of the laws we pass, but (...) on the design of the system that administers and enforces them. Philosophers and legal theorists, however, have paid relatively little attention to what justice demands of the general design and structure of the legal system. Equal Justice argues among other things that market principles should not determine access to legal resources. If, for example, a large corporation sues a small startup, either the corporation has to use a law firm of the quality that the startup can afford or--which would be preferable, given the corporation's in-house lawyers--the startup would be given a subsidy to afford a top firm. The author builds on this core idea of equal access to resources to work out how the court system and the legal profession should be structured in order to ensure a generally just legal system. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical (...) reason, he attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of (...) class='Hi'>formal justice described by Luhmann with the ideal conception of justice presented by Derrida. Here this kind of attempt is rejected as epistemologically wrong. In addition, Luhmann’s theory is argued to have other shortcomings, namely: the failure to understand the pragmatic function of principles, and the incapacity to describe the current legal questions linked with cultures and legal pluralism, which characterise our society. (shrink)

Can the need for incentives justify inequality? Starting from this question, Frank Vandenbroucke examines a conception of justice in which both equality and responsibility are involved. In the first part of the inquiry, which explores the implementation of that conception of justice, the justification of incentives assumes that agents make personal choices based only upon their own interests. The second part of the book challenges the idea that a normative conception of distributive justice can be based on (...) that traditional assumption, i.e. that personal choices are not the subject matter of justice. Thus, Vandenbroucke questions the Rawlsian idea that the primary subject of a theory of justice is the basic structure of society, and not the individual conduct of its citizens. For a society to be really just, the ethos of individual conduct has to serve justice. Non-mathematical readers can skip the formal model proposed in Chapter 3 and understand the rest of the book. (shrink)

Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing (...) a metric that is supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

In this article, after presenting the basic idea of causal accounts of implementation and the problems they are supposed to solve, I sketch the model of computation preferred by Chalmers and argue that it is too limited to do full justice to computational theories in cognitive science. I also argue that it does not suffice to replace Chalmers’ favorite model with a better abstract model of computation; it is necessary to acknowledge the causal structure of physical computers that is (...) not accommodated by the models used in computability theory. Additionally, an alternative mechanistic proposal is outlined. (shrink)

For more than twenty years, Peter Vanderschraaf’s work has combined rigorous game-theoretic analysis, innovative use of (social) scientific method, and normative analysis in the context of the social contract. Vanderschraaf’s work has influenced a significant interdisciplinary field of study and culminated in the publication of his book, Strategic Justice: Convention and Problems of Balancing Divergent Interests (OUP, 2019). Building upon his previous work, Vanderschraaf developed a new theory of justice (justice-as-convention) that, despite a mutual advantage approach, considers (...) the most vulnerable members of society and defends the egalitarian bargaining solution. To advance his theory, Vanderschraaf proposes an account of conventions that updates and systematizes David Lewis’s account of conventions, drawing on contemporary developments in game theory and economics. This topical collection brings together game theorists, philosophers, economists, and political scientists to discuss themes from Vanderschraaf’s work. The collection bridges a gap among disjoint but closely related literatures in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the social contract in order to advance dialogue among scholars in this rich and growing field of study. (shrink)

What is justice? Questions of justice are questions about what people are due. However, what that means in practice depends on the context in which the question is raised. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, therefore, is a constellation of elements that exhibit a degree of integration and unity. Nonetheless, the integrity of justice is limited, in a way that (...) is akin to the integrity of a neighborhood rather than that of a building. A theory of justice offers individuals a map of that neighborhood, within which they can explore just what elements amount to justice. (shrink)

Recent years have witnessed an effort to explicate the concept of explanatory power in a Bayesian framework by constructing explanatory measures. It has been argued that those measures should not violate the principle of explanatory justice, which states that explanatory power cannot be extended “for free.” I argue, by formal means, that one recent measure claiming to be immune from explanatory injustice fails to be so. I end by concluding that the explanatory justice criticism can be dissolved, (...) given a natural interpretation of the concept of negative explanatory power. (shrink)

Drawing upon insights from virtue ethics, this essay develops a concept of collective identity specifically suited to deliberative democracy: a virtues-centered theory of deliberative justice. Viewing democratic legitimacy as a political phenomenon, we must account for more than the formal rules that must be satisfied according to deontological theories of deliberative democracy. I argue that common approaches to deliberative democracy are unable to account for the motivations of deliberation, or ensure that citizens have the cognitive skills to deliberate (...) well. Next, I engage with critics of deliberative democracy who have moved toward broader and more humanistic concepts of deliberation but have stopped short of conceiving of justice as a virtue and, in their own way, neglected questions of collective identity. I reconstruct justice as a virtue from a deliberative perspective, combining virtue ethics’ emphasis on habituation with a weaker sense of collective identity that allows for value pluralism and disagreement, consistent with deliberative democracy. That is, deliberative democracy requires a shared and habituated civic culture of mutual understanding of differences. Finally, drawing from discourse on race in contemporary American politics, I conclude with brief illustrations of the need for a collective identity based on mutual understanding. Although deliberative democracy does not require a thick or intense sense of social solidarity, it does need citizens to share habits, inclinations, and capacities to engage in communication across their differences. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this (...) bargaining solution, the baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Revised version of chapter in J. N. Mohanty and W. McKenna (eds.), Husserl’s Phenomenology: A Textbook, Lanham: University Press of America, 1989, 29–67. -/- Logic for Husserl is a science of science, a science of what all sciences have in common in their modes of validation. Thus logic deals with universal laws relating to truth, to deduction, to verification and falsification, and with laws relating to theory as such, and to what makes for theoretical unity, both on the side of (...) the propositions of a theory and on the side of the domain of objects to which these propositions refer. This essay presents a systematic overview of Husserl’s views on these matters as put forward in his Logical Investigations. It shows how Husserl’s theory of linguistic meanings as species of mental acts, his formal ontology of part, whole and dependence, his theory of meaning categories, and his theory of categorial intuition combine with his theory of science to form a single whole. Finally, it explores the ways in which Husserl’s ideas on these matters can be put to use in solving problems in the philosophy of language, logic and mathematics in a way which does justice to the role of mental activity in each of these domains while at the same time avoiding the pitfalls of psychologism. (shrink)

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice (...) is the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

This paper examines the intersection of technical law and common sense reasoning in small claims arbitration, a distinctive and increasingly prevalent kind of legal work. Following (Garfinkel, Ethnomethodology’s program: Working out Durkheim’s aphorism, 2002), the study explores the “reform of technical reason” and what a “just outcome” means by focusing on the arbitration of actual small claims cases and how technical-legal and non-technical/informal resources are brought into alignment to produce dispute resolution. The arbitrator elicits discussions that establish consensual and commonplace (...) formulations of “the case,” formulations that foreshadow its disposition as technical matters of law. The research demonstrates how formal structures of equity, evenhandedness, and decisions without bias have their production in vivo, and how a just and fair course becomes a “just outcome.”. (shrink)

A correct understanding of Hart’s idea of justice and a detailed assessment of the connection between justice and law contributes to a better understanding of his legal-philosophical project. Always consistent with his argument on the separability between law and morality, Hart endorses an account of formal intralegal justice that is intimately connected to law, but not necessarily dependent upon non-legal principles of substantive justice. Hart’s theoretical commitment to a composite concept of formal justice (...) encompasses two elements: first, the imperative to treat like cases alike and different cases differently, and second, the underlying legal criteria that specify the relevant measure of likeness and difference. These elements of Hart’s theory of justice can be traced back to their doctrinal precedents in the texts of Aristotle, Sidgwick, Perelman, Ross, and Del Vecchio. Commentators and critics of Hart’s account of justice seem to agree that this account ought to be expanded by exploring its full effects on the foundations of Hart’s concept of law. When this is achieved, a third element of Hart’s intralegal justice emerges, namely, its rights-allocating function, which is deeply embedded in his account of the rule of recognition, his concept of a legal system, and his idea of law. (shrink)

_In this lively and groundbreaking book, arts educator Marit Dewhurst examines why art is an effective way to engage students in thinking about the role they might play in addressing social injustice._ Based on interviews and observations of sixteen high schoolers participating in an activist arts class at a New York City museum, Dewhurst identifies three learning processes common to the act of creating art that have an impact on social justice: connecting, questioning, and translating. Noting that “one of (...) the challenges of social justice art education has been the difficulty of naming effective strategies that can be used across multiple contexts,” Dewhurst outlines core strategies for an “activist arts pedagogy” and offers concrete suggestions for educators seeking to incorporate activist art projects inside or outside formal school settings. _Social Justice Art _seeks to give common language to educators and others who are looking to expand and refine their practices in an emerging field, whether they work in art education, social justice programming, or youth development. (shrink)

In attempts to compare different distributions with regards to need, so-called “measures of need-based distributive justice” have emerged in recent years. Each of the proposed measures relies on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable. A strategy to deal with this problem is introduced by using multidimensional measures.

The purpose of this study was to extend the knowledge about why procedural justice (PJ) has behavioral implications within organizations. Since prior studies show that PJ leads to legitimacy, the author suggests that, when formal regulations are unfairly implemented, they lose their validity or efficacy (becoming deactivated even if they are formally still in force). This "rule deactivation," in turn, leads to two proposed destructive work behaviors, namely, workplace deviance and decreased citizenship behaviors (OCBs). The results support this (...) mediating role of PJD, thus suggesting that it forms part of the generative mechanism through which unfair procedures influence (un) ethical behavior within organizations. The author ends the article by discussing behavioral ethics and managerial implications as well as suggestions for future research. (shrink)