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Showing papers on "Economic Justice published in 1968"



Book
01 Jan 1968
TL;DR: The Social Organization of Juvenile Justice (SOJJ) as discussed by the authors is a recent work by Cicourel, which recasts familiar sociological problems of research within a dramatically new and different theoretical and methodological perspective.
Abstract: The Social Organization of Juvenile Justice recasts familiar sociological problems of research within a dramatically new and different theoretical and methodological perspective. In seeing law enforcement officers, no less than those accuse of criminal behavior, as locked into the "creation of history," or more precisely, a series of retrospective and prospective interpretations of events both within and disengaged from, the social contexts relevant to what purportedly took place, Aaron Cicourel redefined the fault lines of contemporary criminology. The work makes imaginative use of a wide variety of new techniques of analysis from ethnomethodology to community studies--while at no point ignoring basic hard statistical data--in this study of juvenile justice in two California cities. Cicourel states the purpose of his book with clarity: "The decision-making activities that produce the social problem called delinquency (and the socially organized procedures that provide for judicial outcomes) are important because they highlight fundamental processes of how social order is possible." This work challenges the conventional view that assumes delinquents are natural social types distributed in some ordered fashion, and produced by a set of abstract internal or external pressures from the social structure. Cicourel views the everyday organizational workings of the police, probation departments, courts, and schools, demonstrating how these agencies contribute to various kinds of transformations of the original events that led to law enforcement contact. This contextual creation of facts in turn leads to improvised, ad hoc interpretations of character structure, family life, and future prospects. In this way, the agencies may generate delinquency by their routine encounters with the young. His new introduction discusses with great detail the methodology behind his research and responses to earlier critiques of his work.

578 citations




Journal ArticleDOI
TL;DR: The two most powerful and incisive recent interpretations of Locke's political philosophy have been produced by men who feel a shared antipathy to contemporary liberalism and contemporary capitalism and who ascribe to Locke a deep affinity with these uiisavoury developments as mentioned in this paper.
Abstract: THE two most powerful and incisive recent interpretations of Locke’s political philosophy have been produced by men who feel a shared antipathy to contemporary liberalism and contemporary capitalism and who ascribe to Locke a deep affinity with these uiisavoury developments. Both see him indeed as incarnating that authentic ‘spirit of capitalism’ which is the source of all that is most repulsive in contemporary civilization.1 Since there was a certain initial novelty to this interpretation2-and since it was, as Strauss and Macpherson so often emphasize, so far froin the delicately roseate picture which contemporary liberal democrats liked to have their of historic forebears3-fairly strenuous interpretation of the texts has been needed to sustain it. This operation has shed an enormous amount of light on the complicated intellectual context in which Locke wrote and the notably heterogeneous set of conceptions which he attempted to integrate. But the shedding of this light has been regarded as, in some degree, incidental to the assignment of confirming the truth of this interpretative doctrine. We are not left by it with the picture of a figure in a state of sharp tension between mediaeval and capitalist social ethics, between collectivism and individualism, the organic community and the market. True, there is some significant divergence of tactics between Strauss and Macpherson over the proper proccdures for simplification. Macpherson accepts the existence of a real conflict of values within the thought and indeed ascribes it to the transitional character of the society in which Locke lived.4

57 citations


Posted Content
TL;DR: Van Alstyne as discussed by the authors reviewed the uses and misuses to which the "privilege" concept has been put and then examined those doctrines whose flanking attacks have gradually eroded its efficacy.
Abstract: The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and that the size and power of the governmental role in the public sector requires substantive due process control of the state in all its capacities.

43 citations



Journal ArticleDOI
TL;DR: Van Alstyne as mentioned in this paper reviewed the uses and misuses to which the "privilege" concept has been put and then examined those doctrines whose flanking attacks have gradually eroded its efficacy.
Abstract: The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and that the size and power of the governmental role in the public sector requires substantive due process control of the state in all its capacities.

27 citations


Book
01 Jan 1968
TL;DR: Cox as discussed by the authors describes the main lines of constitutional development under the Warren Court and analyzes the underlying pressures involved and the long-range institutional consequences in terms of the distribution of governmental power.
Abstract: The appointment of Earl Warren as Chief Justice of the United States in 1953 marked the opening of a new era in the nation's constitutional development. As Mr. Cox points out in his Preface, during the next fifteen years the Supreme Court rewrote, with profound social consequences, major constitutional doctrines governing race relations, the administration of criminal justice, and the operation of the political process. The extent and the rapidity of these changes raise grave questions concerning the nature and function of constitutional adjudication and the proper role of the Supreme Court in the national life. In these lectures, originally given in somewhat shorter form in Honolulu in the summer of 1967 under the joint auspices of Harvard Law School and the University of Hawaii, Mr. Cox describes the main lines of constitutional development under the Warren Court. He analyzes the underlying pressures involved and the long-range institutional consequences in terms of the distribution of governmental power. The central theme of Mr. Cox's book is embodied in his examination of the American paradox that invests the judicial branch with the responsibility of deciding "according to law" our most pressing and divisive social, economic, and political questions. Although not uncritical of the grounds on which several of the court's crucial decisions have been reached, Mr. Cox comes to the conclusion that the trend of the rulings has been "in keeping with the mainstream of American history--a bit progressive but also moderate, a bit humane but not sentimental, a bit idealistic but seldom doctrinaire, and in the long run essentially pragmatic--in short, in keeping with the truegenius of our institutions."

19 citations


Journal ArticleDOI
TL;DR: Our galloping 20th century Revolutions of Science and Technoculture have deep roots in the Protestant Reformation and the Revolutions in Science and Philosophy of the 16th and 17th Centuries as discussed by the authors.
Abstract: Our galloping 20th Century Revolutions of Science and Technoculture have deep roots in the Protestant Reformations and the Revolutions in Science and Philosophy of the 16th and 17th Centuries. These decisive recastings of the relations of conscience-moral, religious, scientific-and character need to be seen in wider frames than those adopted by Max Weber in his renowned "Protestant Ethic and the Spirit of Capitalism" (1904-05). To do justice to these developments, we have to go beyond Weber in the spirit of his last essays before his death in 1920. New stress has to be given to the role of the revolutions of organized systems of "rationales" both of action and thought within the processes Weber described under the heading of "Rationalizations." The breakthroughs to the modern world and the propulsive developments now in progress have less to do with the "spirit of capitalism" and the "profit motive" in their narrow senses than to the runaway effects of the dynamic fusions of the by-products, not always hoped for, of two complex movements: The Protestant Reformation (and its bearings in respect of the newer orientations toward self, society, and the city of this world) and, The Scientific Revolution (and its consequences in the way of a development of an Universal symbolic mathematical science and technology). These fusions occurred at great heats toward the close of the 19th Century in Europe and the United States and are now at "the exponential growth point." Both of these movements began as fundamental critiques of the medieval integrated institutiion of "Conscience-Casuistry-and the Cure of Souls." In brief: The twofold changes in the fundamental "Moralities of Thought" and "Logics of Action" embraced in the earlier institution of conscience constitute the necessary foundations of the accelerated passage now in progress towards the universal automation of collective intelligence in the form of "Brain Machines" and "Memory Banks."

17 citations




Journal ArticleDOI
TL;DR: In this paper, the authors present an analysis of crime and vagabondage in Habsburg Spain, focusing on crime incidence and distribution in different parts of the country, with the aim of re-posing an overall pattern on an age tantalizingly deficient in global figures and providing a measure of reality against which to relate the preoccupation of writers of the Golden Age with idleness and delinquency as the allpervading evils of their day.
Abstract: S PANISH arbitristas, from the middle of the sixteenth century onwards, attacked repeatedly the hordes of bandits and idle vagrants, estimated by one writer at I 50,000, whom they saw both as a parasitic drain on the nation's resources and as a symptom of an economy lacking in opportunity and hampered by unfavourable social attitudes.' Yet, in spite of the continuing belief in its relevance as a factor in the country's economic decline, with the exception of the work that has been done on bandolerismo in Catalonia,2 virtually nothing is known about crime and vagabondage in Habsburg Spain. Attention has been drawn to the subject largely on account of its connexion with the picaresque novel, while historians have interested themselves in justice rather than in delinquency. What little is known comes either from the novel or from the statute book. Yet an analysis of the incidence and distribution of crime has obvious and important implications for the more general social and economic picture. At one level, it offers the chance of reimposing an overall pattern on an age tantalizingly deficient in global figures and so permits some assessment of the relative condition of different parts of the country on the basis of a homogeneous set of data, as previous attempts exploiting figures for population, taxation, and emigration have done;3 at another, it might inject some precision into the characterization of Spain as an "otiose and vicious republic" (Gonzalez de Cellorigo), and provide a measure of reality against which to relate the preoccupation of writers of the Golden Age with idleness and delinquency as the all-pervading evils of their day.

Journal ArticleDOI
TL;DR: Van den Bergh as discussed by the authors argued that the Apartheid doctrine is a living political dinosaur and that the oversimplified dichotomy of paternalistic and competitive societies will not really do justice to the complexity of the contrasts involved in these societies.
Abstract: industry the old master-servant relation of the Boer republics. The Apartheid doctrine, he tells us, is a living political dinosaur. Whether or not the oversimplified dichotomy of paternalistic and competitive societies will really do justice to the complexity of the contrasts involved in these societies, van den Bergh's readers will judge for themselves. It is worth noting however that even he is dissatisfied with them, for he finds it necessary to supplement them with an analysis in terms of eleven other variables. But be this as it may this is a useful contribution to the rela-



Journal ArticleDOI
TL;DR: The main impediment to attaining a balanced view of the interrelationship of art, morals, and education is the predisposition largely unconscious but for that reason only the more disruptive to interpret each of these elements in too restricted a manner as mentioned in this paper.
Abstract: The chief impediment to attaining a balanced view of the interrelationship of art, morals, and education is the predispositionlargely unconscious but for that reason only the more disruptive to interpret each of these elements in too restricted a manner. In the context of this issue, we tend to treat morality as though it were concerned only with sex and physical violence; we regard education as a strictly formal process carried on in schools; and we think of art exclusively in terms of the masterpieces that we encounter in museums, concert halls, libraries, and the great monuments of the past. Under this intellectual dispensation, aesthetic education is equated with art appreciation, and the moral significance of art is reduced to fruitless arguments about the definition of obscenity and limits of censorship. So if this problem is to receive the kind of consideration that its importance demands, the necessary first step is the cultivation of a broader and more realistic attitude toward its component elements. I shall start, then, by stating as briefly as possible the manner in which I think the terms "art," "morality," and "education" must be conceived if we are to do justice to them separately and to understand their mutual involvement. These preliminary statements can be only rough, provisional stipulations rather than definitions; but they are necessary to initiate the discussion, and the whole of the ensuing argument will in effect be an elucidation of them.

Journal ArticleDOI
TL;DR: The assertion that "equity in the early American colonies is a subject that still awaits complete research" is more true of some colonies than of others as discussed by the authors, but this piecemeal approach has resulted in the overwriting of Massachusetts's meagre and testy involvement with the chancery style of justice, while Virginia's much richer involvement has received too little treatment.
Abstract: The assertion that ‘Equity in the early American colonies is a subject that still awaits complete research’ is more true of some colonies than of others. Because of marked differences in founding and internal growth, the colony-by-colony approach has been conceded to be appropriate; but this piecemeal approach has resulted in the overwriting of Massachusetts's meagre and testy involvement with the chancery style of justice, while Virginia's much richer involvement has received too little treatment.

Journal ArticleDOI
TL;DR: In Weaver v. Jordan as discussed by the authors, the Supreme Court of California invalidated an initiative provision of that State prohibiting the operation of any scheme under which television viewers would be called upon to pay directly for the privilege.
Abstract: IN Weaver v. Jordan,1 the Supreme Court of California invalidated an initiative provision of that State prohibiting the operation of any scheme under which television viewers would be called upon to pay directly for the privilege. In an opinion by Justice Burke, joined by five other members of the court, it was held that the provision violated the "free speech" clauses of the United States and California constitutions, in that it prohibited a legitimate method of communication of ideas. Because the court held that the provision abridged free speech, it was unnecessary to reach the question of whether it was an unconstitutional incursion upon the rights of the sponsors of subscription television to engage in an innocuous business venture. Mr. Justice Mosk dissented. He saw no abridgment of free speech, and stated that it is not the function of courts to substitute their judgment as to the wisdom or propriety of economic regulations for the judgment of the people's representatives. The Supreme Court of the United States denied certiorari.2 Aside from the general proposition that there is no significance in the denial of certiorari, the fact that there was an independent state ground for the decision makes the action of the Court peculiarly insignificant. Further, the failure of the majority to reach the economic freedom issue, coupled with the adverse view of Justice Mosk, makes the decision of the Supreme Court of California no more than a one man reaffirmation of the oft-stated proposition that the propriety of governmental regulation of business is a question for the legislature and not for the courts.




Journal ArticleDOI
TL;DR: Morris: It's a joy for us American writers who would like to see a world in which there is more justice, that you, who are openly progressive and who show it throughout your writings, have been given the most important of all literary prizes! I want to ask you now if this award won't encourage young Latin Americans to write more frankly, more deeply, about life in Latin America?
Abstract: Morris: It's a joy for us American writers who would like to see a world in which there is more justice, that you, who are openly progressive and who show it throughout your writings, have been given the most important of all literary prizes! I want to ask you now if this award won't encourage young Latin Americans to write more frankly, more deeply, about life in Latin America?This article can also be found at the Monthly Review website, where most recent articles are published in full.Click here to purchase a PDF version of this article at the Monthly Review website.


Journal ArticleDOI
01 Jan 1968


01 May 1968
TL;DR: The URBAN CRISIS with which we are CONFRONTED is discussed in this paper, and it is argued that by furTHERing the CREATIVE DEMOCRATIC POLITICAL PROCESS, the uRBan crisis which looms before US may be aVERTED.
Abstract: THE URBAN CRISIS WITH WHICH WE ARE CONFRONTED IS DISCUSSED. THE CRISIS RESULTS FROM NEW RESIDENTIAL PATTERNS, AND EXPLOSION IN RESIDENTIAL MOBILITY, OVERWHELMING GROWTH IN THE NUMBER OF LOCAL SUBURBAN GOVERNMENTS, AND SIMULTANEOUSLY DECREASING TAX BASES THAT CRIPPLE THE ABILITY OF MAJOR CITIES TO DEAL WITH MULTIPLYING SOCIAL PROBLEMS AND RESPONSIBILITIES. IT IS CONTENDED THAT STRENGTHENING OF THE DEMOCRATIC PROCESS MUST BE ACHIEVED, WITHOUT GIVING UP THE SOLID ACHIEVEMENTS MADE IN ADMINISTRATION, RESEARCH, AND PLANNING FOR THE FUTURE. THE FOLLOWING FIVE WAYS ARE SUGGESTED TO ACCOMPLISH THIS GOAL: (1) REINSTATE HUMAN FREEDOM AND HUMAN DIGNITY AND GENUINE JUSTICE AS MAJOR GOALS IN AMERICAN SOCIETY, (2) INCREASE THE REPRESENTATIVENESS OF POLICY-MAKING BODIES, (3) ADOPT THE PRACTICE OF WHAT HAS BEEN CALLED ADVOCACY PLANNING FOR THE POOR, (4) WELCOME AND ENCOURAGE THE GROWTH AND DEVELOPMENT OF STRONG STABLE NEIGHBORHOOD INTEREST GROUPS AND (5) STIMULATE THE ADVOCACY OF MEANINGFUL POLICY CHOICES. IT IS CONTENDED THAT BY FURTHERING THE CREATIVE DEMOCRATIC POLITICAL PROCESS, THE URBAN CRISIS WHICH LOOMS BEFORE US MAY BE AVERTED.


Journal ArticleDOI
TL;DR: Clark as mentioned in this paper states that the ideology of equal opportunity, "strictly interpreted,... means selection according to ability, without regard to extraneous considerations." Therefore, according to popular reasoning, to deny a youth access to a college, even for past poor academic performance, is to deny him equal opportunity for education.
Abstract: IT IS WELL ESTARTIsH.n THAT educational attainment is related to career opportunities. Increasingly, society is requiring highly trained personnel for more complex jobs. A college education is becoming an essential part of the normal preparation for many occupations. Society encourages youth to aspire to these jobs partially through an ideology of equal opportunity for education. Clark' states that the ideology of equal opportunity, "strictly interpreted, . . . means selection according to ability, without regard to extraneous considerations. Popularly interpreted, however, equal opportunity in obtaining a college education is widely taken to mean unlimited access to some form of college." Therefore, according to popular reasoning, to deny a youth access to a college, even for past poor academic performance, is to deny him equal opportunity for education. Many public universities, in submission to this ideology, have adopted an open door admissions policy. Yet at the same time, to protect their academic standards, they utilize a formal suspension procedure which structures the failure of low achieving students.

Journal ArticleDOI
01 Dec 1968
TL;DR: In this paper, the author concentrates upon some selected problems of the theoretical analysis of the conception of justice and upon practical applications of the idea of justice, above all in penal law.
Abstract: The writer concentrates upon some selected problems of the theoretical analysis of the conception of “justice” and upon practical applications of the idea of justice, above all in penal law. After having quoted some more interesting views and discussions on this conception (e.g. those of Aristotle, Hume, and K. Ajdukiewicz), the writer pays special attention to the conception of universal formula of justice, postulated by Ch. Perelman. Such a formal justice he defines as a principle of action, according to which persons belonging to the same category should be equally treated. However, this conception eliminates neither arbitrarily nor dependence of justice from the acknowledged world-outlook and hierarchy of values. Being an abstract and general conception, it requests a concretisation which consists in choosing one essential category based on an arbitrary selection of essential characteristics.