Showing papers on "Economic Justice published in 1989"

Effects of Procedural and Distributive Justice on Reactions to Pay Raise Decisions

Abstract: We conducted a survey to examine the impact of distributive and procedural justice on the reactions of 217 employees to decisions about pay raises. Distributive justice accounted for more unique va...

On the Currency of Egalitarian Justice

Abstract: In his Tanner Lecture of 1979 called "Equality of What?" Amartya Sen asked what metric egalitarians should use to establish the extent to which their ideal is realized in a given society. What aspect(s) of a person's condition should count in a fundamental way for egalitarians, and not merely as cause of or evidence of or proxy for what they regard as fundamental? In this study I examine answers to that question, and discussions bearing on that question, in recent philosophical literature. I take for granted that there is something which justice requires people to have equal amounts of, not no matter what, but to whatever extent is allowed by values which compete with distributive equality; and I study what a number of authors who share that egalitarian view have said about the dimensions) or respect(s) in which people should be made more equal, when the price in other values of moving toward greater equality is not intolerable. I also advance an answer of my own to Sen's question. My answer is the product of an immanent critique of Ronald Dworkin, one, that is, which rejects Dworkin's declared position because it is not congruent with its own underlying motivation. My response to Dworkin has been influenced by Richard Arneson's work in advocacy of "equality of opportunity for welfare," but my answer to Sen's question is not that Arnesonian one, nor is my answer as well formulated as Arneson's is.' It needs much further refinement, but I nevertheless present it here, in a

Justice, Gender, and the Family

Abstract: In the first feminist critique of modern political theory, Okin shows how the failure to apply theories of justice to the family not only undermines our most cherished democratic values but has led to a major crisis over gender-related issues.

Exploring fit and misfit with multiple contingencies.

Abstract: The author wishes to acknowledge Andy Van de Ven for his contribution to this stream of research and his permission to use the data, and Bob Drazin, Nancy Fisher, Mike Tushman, Elaine Romanelli, Blair Sheppard, the anonymous reviewers of ASQ, and especially Gerald Salancik for their insightful comments and suggestions. Bob Drazin, in particular, provided both guidance and inspiration in his role as my dissertation advisor. Portions of an earlier draft of this paper appeared in the 1987 Academy of Management Proceedings. Support during the revision stage was provided by the Fuqua School Business Associates Fund. This paper proposes a multiple-contingencies theory that simultaneously examines the effects of task and dependence on unit design and efficiency. The theory explores and predicts the conditions under which work-unit designs fail to fit their contexts. Findings from studies of one contingency factor (e.g., uncertainty or dependence) have shown that poor performance by units is related to a lack of fit with theoretically prescribed patterns of design, but because such studies do not do justice to the complexities of design, it is difficult to predict misfit. The multiple-contingency approach proposed here specifically focuses on issues such as misfit, conflicting contingencies, and equifinality. The model is tested, using data from 529 work units in 60 employment-security offices. A key finding is that units facing conflicting contingencies are more prone to design misfit and lower performance.

Understandings of justice: Institutional legitimacy, procedural justice, and political tolerance.

Abstract: This research examines the linkages among institutional legitimacy, perceptions of procedural justice, and voluntary compliance with unpopular institutional decisions within the context of political intolerance and repression. Several questions are addressed, including: To what degree do judicial decisions contribute to the acceptance of unpopular political decisions? Do court decisions have a greater power to legitimize than the decisions of other political institutions? Are courts perceived as more procedurally fair than other political institutions? Do perceptions of procedural fairness-be it in a court or legislative institution-contribute to the efficacy of institutional decisions? The basic hypothesis of this research is that to the extent that an institution employs fair decisionmaking procedures, it is viewed as legitimate and citizens are more likely to comply with its decisions, even when they are unpopular. Based on an analysis of national survey data, I conclude that, although perceptions of institutional procedure have little impact on compliance, institutional legitimacy does seem to have some effect. The United States Supreme Court in particular seems to have some ability to elicit acceptance of public policies that are unpopular with the mass public. This effect is greatest among opinion leaders. I conclude with some observations about how these findings fit with the growing literature on procedural justice and with some thoughts about the implications of the findings for the protection of democratic liberty.

Feminist theory, crime, and justice*

Abstract: Feminist research has expanded beyond its origins in Women's Studies to influence the more traditionally bounded academic disciplines. Criminology has not been immune to these excursions. This paper presents an overview of feminist theory/methods and its applications within select areas of crime and justice studies. Points of intra-theoretical divergence as well as directions for future feminist contributions are noted.

Refusing to be a Man: Essays on Sex and Justice

Abstract: Since its original publication in 1989, Refusing to be a Man has been acclaimed as a classic and widely cited in gender studies literature. In 13 eloquent essays, Stoltenberg articulates the first fully argued liberation theory for men that will also liberate women. He argues that male sexual identity is entirely a political and ethical construction whose advantages grow out of injustice. His thesis is, however, ultimately one of hope - that precisely because masculinity is so constructed, it is possible to refuse it, to act against it and to change. A new introduction by the author discusses the roots of his work in the American civil rights and radical feminist movements and distinguishes it from the anti-feminist philosophies underlying the recent tide of reactionary mens movements.

Innocence and Experience

Abstract: Index Introduction 1. Parts of the Soul Reason and the Soul Justice and the Soul Thought and Reflection Reason and Imagination Language and Knowledge 2. Justice and History Practical Reasoning Procedural Justice and Historical Possibility Reply to Relativism Nazism and Evil Basic Procedural justice 3. Hume's Ghost False Isolation Value Judgments Possibilities and Presuppositions Fact and Value Kinds of Possibility Good and Evil Again Procedural Justice: A Summary Hume's Last Reply 4. Individuality and Memory Memory and Variety Individuals and History Imagination Transcendence Virtue and Justice The Dual Aspect of Morality Justice and Pluralism Justice and Liberal Assumptions Attachment to the Past Conflicts about Duty Conceptions of the Good: Nietzsche 5. Morality and Machiavelli Machiavelli's Problem Towards a Reply Innocence and Experience Illustrated History Again Justice and the Dispossessed A Reply to Machiavelli

The Anthropology of Justice: Law as Culture in Islamic Society

Abstract: Foreword Alfred Harris Preface 1. Law and culture: the appeal to analogy 2. Determining the indeterminable 3. Reason, intent, and the logic of consequence 4. Judicial discretion, state power, and the concept of justice Notes Bibliography Index.

The Making of A Constitution For Europe

Abstract: The main endeavor of the Court of Justice has precisely been to remove or reduce the differences just mentioned. In other words, the Court has sought to "constitutionalize" the Treaty, to fashion a constitutional framework for a quasi-federal structure in Europe. The Court is likely to extend the area of problems it feels should be solved by the political institutions, but in other areas it will undoubtedly go on feeling that it can, or rather must, exercise guidance. There are essentially two such areas. The first includes a number of issues the Council is obliged or empowered to regulate under the Treaty but did not regulate on purpose, so as to avoid for as long as possible their adjustment to Community criteria. The second area is a result of the Single Act. The words of Article 8a have by now rung all over the world.

Reason and Feeling in Thinking about Justice

Abstract: Recent feminist scholarship has challenged the corpus of Western political thought in two new ways. Some works focus first on either the absence or the assumed subordination of women in a political theory, and then go on to ask how the theory would have to change in order to include women on an equal basis with men. Some focus more immediately on how the gendered structure of the societies in which theorists have lived has shaped their central ideas and arguments and consider how these ideas and arguments are affected by the adoption of a feminist perspective. 1 In this paper, I hope to contribute something to the second project. I raise, though do not by any means fully answer, some questions about the effects that assumptions about the gendered structure of society have had on thinking about social justice. In so doing, I suggest that some recent distinctions that have been made between an ethic of justice and an ethic of care may be at least overdrawn, if not false. They may obfuscate rather than aid our attempts to achieve a moral and political theory that we can find acceptable in a world in which gender is becoming an increasingly indefensible mode of social organization.2

Why is There So Little Criminal Justice Theory? Neglected Macro- and Micro-Level Links between Organization and Power

Abstract: This article seeks an answer to the question of why there is relatively little, and no clearly predominant, criminal justice theory. The answer offered focuses on the apparent randomness of criminal justice operations. A structural-contextual theory of criminal justice is outlined, beginning with the orienting premise that the normal mode for North American, and perhaps most Western democratic systems of criminal justice, is a loosely coupled form of organization. However, atypical political environments often mandate departures from normal criminal justice operations. The thesis of the article is that neglected connections between the imposition of political power and organizational forms in the criminal justice system hold a key to understanding the operations of this system, in typical as well as atypical situations.

Justice and the Aims of Political Philosophy

Abstract: In his two most recent publications, Rawls lays great stress on the relatively parochial nature of the proper aims of political philosophy and the suitable method for attaining them.' In general, "the aims of political philosophy depend on the society it addresses" (p. 1); in constitutional democracies one of the important long-term ends is attaining (or maintaining) stable social unity (p. 24). Perhaps the greatest obstacle to achieving this aim is our disagreement about how certain familiar values, such as freedom, equality, and efficiency, are to be understood, mutually accommodated, and realized in such a constitutional democracy; or more specifically, in the United States at this time.2 Rawls's own "justice as fairness" may be a solution to this problem provided it also satisfies a certain "practical" condition which he now considers essential for Western political philosophers to meet because "political philosophy must be concerned, as moral philosophy need not be, with practical political possibilities" (p. 24). Rawls now argues that the best way for political philosophers to attain stable social unity is to aim for a certain sort of agreement among citizens, which he calls "an overlapping consensus" and which is the minimum sufficient for stable social unity. Under such a consensus, a given .conception ofjustice is "affirmed by the opposing religious, philosophical, and moral doctrines likely to thrive over generations in a more or lessjust constitutional

The moral & spiritual crisis in education : a curriculum for justice and compassion in education

Abstract: "Purpel . . . ably complements the economic and political focus of critical pedagogy by shedding new light on spiritual and moral dimensions of public discourse. His book is a welcome addition to the literature in that it articulately scrutinizes the interface of culture and education and attendant trivialization of school reform. . . . While his marvelous book offers only several examples of just schools, it enormously enriches a still unfinished dialectic." Choice "Purpel's research is exhaustive, his writing elegant, and his suggestions for students and teachers impressive." The Book Reader

The judicial process in comparative perspective

Abstract: Part 1 The evolving role and responsibility of judges: the law-making power of the judges and its limits who watches the watchmen? Part 2 The expansion and legitimacy of judicial review: judicial review in comparative perspective the "mighty problem" of judicial review repudiating Montesquieu? - the expansion and legitimacy of "constitutional justice" Part 3 Social justice and the public interest - new challenges for the judiciary: access to judicial remedies in civil litigation - comparative constitutional, international and social trends vindicating the public interest through the courts Part 4 Promoting legal integration through the courts: the judicial branch in the Federal and Transnational Union - its impact on integration is the European Court of Justice "running wild?"

Discovery, capitalism, and distributive justice

Abstract: This book presents a new understanding of the idea of distributive justice in a capitalist economy. The author demonstrates that emphasis on the entrepreneurial role in market processes, in which products and resources are not given, but created and discovered as individuals, implies radically revised criteria of justice. He argues for the popular accepted notion of a "Finders-Keepers" role for distributive ethics. Mainstream economic and ethnical discussion of capitalism has generally taken the central issue as one of distributing a given "pie" among members of society, with incomes either earned through productivie effort or won as a result of sheer luck. Professor Kirzner's insight is to offer a new category of economic gain where incomes are the result of entrepreneurial alertness and discovery - the finder of any resource or product is seen to have created what he finds, not by hard work or chance, but by bringing it from invisibility to visibility. This leads to a fresh view of the problems of justice under capitalism, and a treatment which differs from both critics of capitalist justice, such as Rawls, and defenders like Nozick.

Managers Handling Disputes: Third-Party Roles and Perceptions of Fairness

Abstract: This study investigated how managers resolve disputes in organizations, comparing a typology of managerial third-party dispute-resolution behavior drawn from prior research to the behavior of manag...

The domestic analogy and world order proposals

Abstract: How profitable is it for world order to transfer the legal and political principles, which sustain order within states to the domain of relations between states? This has been one of the central and most contentious questions in the study of international relations. The term 'domestic analogy' refers to the idea that inter-state relations are amenable to the same type of institutional control as the relations of individuals and groups within states. In this study Dr Suganami discusses the role the domestic analogy has played in proposals about world order, peace, justice and welfare in the period since 1814. As well as analysing the ideas of major writers on international law and relations, Hidemi Suganami examines the creation of the League of Nations, the United Nations and its agencies, and the European Community - all of which have sprung from the domestic analogy. The Domestic Analogy and World Order Proposals makes an important contribution to the history of ideas about world order, exploring how this particular mode of reasoning about international relations has evolved against changing historical backgrounds.

Moral intuitions and economic models of distributive justice

Abstract: We argue that formal theories of justice cannot neglect the moral intuitions existing in society and illustrate this claim with empirical results. We analyse the perception of justice in a production context by starting from the surplus sharing model. Our questionnaire method is closely related to the work of Yaari and Bar-Hillel [14]. Our results suggest that differences in effort are considered to be the main justification for income differences. Our respondents strongly disagree about the remuneration of innate capabilities. It is further suggested that surplus sharing and cost sharing models cannot be treated symmetrically, because people react differently towards gains and losses.

Justice unbalanced : gender, psychiatry, and judicial decisions

Abstract: The discrepancy and its analysis responsibility and the verdict no offence intended doctoring the sentence playing the labels treatment versus punishment.

Explorations in Applied Social Science

Abstract: Not so long ago the words "social engineer" were a term of opprobrium. They carried with them the suspicion that such a social scientist had somehow betrayed his vow of dispassionate objectivity and had sold his scientific heritage for a tasteless mess of popularity. This fastidious judgment was congenial to a stable society confident in the capacity of its established routines to cope with familiar tensions. It made sense also in a culture which had an unshaken belief in progress, rationality, and justice, and an optimistic faith that each new generation would automatically outdistance its predecessors. (7) As these assumptions no longer appear transparently self-evident, there emerge such pragmatic disciplines as disaster research, industrial sociology, military sociology, propaganda and communications research, and group dynamics to mention only a few. Today, the growth of such organizations as HUMRO, RAND Corporation, The Air Forces Institute, and others, indicates the rapid transition to a more honorific and powerful place for the applied social sciences. The applied social sciences have shifted for themselves, growing rapidly but in a trial-and-error fashion and with little assistance from the theorist.

Mediation and criminal justice : victims, offenders and community

Abstract: The last decade has seen the growth of mediation as an alternative to existing forms of resolution of the criminal justice process. The rise of mediation has been inspired by varied motives: to give victims better outcomes; to relieve the pressures on the courts; to offer courts new ways of resolving disputes; and to restore justice to the community outside the criminal justice system. To what extent can mediation schemes achieve the aims of their exponents? Wright and Galaway assess the international experiences of mediation in theory and in practice. A team of researchers and practitioners draw together experiences in North America, Western Europe and Japan, and examine the extent to which different forms of mediation have succeeded in their aims. They address key problems such as how far it has extended the reach of the criminal justice system. As a major international assessment of the progress of mediation, this book will be essential reading for researchers and lecturers in criminology, social work and law as well as for all concerned with the rights of victims and offenders and with the criminal justice system. "The articles are consistently well written and provide a great breadth of information about the developments in the field." --The Alternative Newsletter "Although mediation of civil disputes has become a growth industry over the past decade, extending the concept into the criminal field has proved more problematic. This first-of-its-kind collection by a group of well-known scholars and practitioners helps explain why this is so . . . . This volume makes a real contribution to the analysis of criminal justice reform. For upper-level students and faculty members." --Choice"A collection with sufficient detail for anyone interested in mediation." --Times Higher Education Supplement "Wright and Galaway have collected a valuable group of essays relating to the use of mediation in the criminal justice system. . . . The essays are generally excellent. . . . They offer a range of valuable insights into some of the fundamental questions facing the dispute resolution community." --The Alternative Newsletter "Mediation and Criminal Justice, edited by two distinguished criminal justice experts, makes an important contribution: A primary intent of the book is to consider the benefits that can be realized by bringing together victims and offenders who don't know each other, and by emphasizing reparative rather than retributive justice. . . . The book provides a diverse set of perspectives from which to form opinions about the merits and drawbacks of mediation." --Judicature

Law, Lawyers, and Popular Culture

Abstract: This essay concerns two distinct but related ways in which legal culture intersects with more general social norms, including those norms reflected in popular culture. In the first place, legal culture acts as an intervening variable, a mechanism for transforming norms of popular culture into legal dress and shape. In the second place, legal and popular culture, as images of each other, help explicate and illuminate their respective contents. This essay also examines some instances of popular legal culture. But I will begin with a few words of definition. By legal culture I mean nothing more than the "ideas, attitudes, values, and opinions about law held by people in a society."' Everyone in a society has ideas and attitudes, and about a range of subjects-education, crime, the economic system, gender relations, religion. Legal culture refers to those ideas and attitudes which are specifically legal in content-ideas about courts, justice, the police, the Supreme Court, lawyers, and so on. (Obviously, one aspect of legal culture is what problems and institutions are defined as legal in the first place.) The term popular culture, on the other hand, refers first, and more generally, to the norms and values held by ordinary people, or at any rate, by non-intellectuals, as opposed to high culture, the culture of intellectuals and the intelligentsia, or what Robert Gordon has called "mandarin culture."' Second, and more narrowly, it refers to "culture" in the sense of books, songs, movies, plays, television shows, and the like; but specifically to those works of imagination whose intended audience is the public as a whole, rather than the intelligentsia: Elvis rather than Marilyn Horne.3

Criminal Justice Procedures in Family Violence Crimes

Abstract: Public attitudes about family violence have shifted during the past decade from indifference to support for use of legal remedies to deter and punish. Few studies adequately describe the methods and differential effectiveness of police and prosecutorial handling of family violence cases. Much of the conventional wisdom concerning justice procedures for dealing with family violence is not substantiated by the available research. Only about one-third of domestic disturbance calls to police involves some form of family violence crime; consequently, studies of police responses to domestic disturbance calls are not generalizable to the subset of calls involving family violence. The claim that the police are less likely to apply criminal sanctions to family violence crimes than to stranger violence crimes is not substantiated by existing research. Few studies support the claim that different factors are involved in decisions to prosecute family violence crimes as compared with stranger violence crimes. Finally,...