Showing papers on "Economic Justice published in 2005"

Earth Democracy: Justice, Sustainability, and Peace

Abstract: Preface to the 2016 Edition Introduction: Principles of Earth Democracy 1. Living Economies 2. Living Democracies 3. Living Cultures 4. Earth Democracy in Action

Cosmopolitan Justice, Responsibility, and Global Climate Change

Abstract: It is widely recognized that changes are occurring to the earth's climate and, further, that these changes threaten important human interests. This raises the question of who should bear the burdens of addressing global climate change. This paper aims to provide an answer to this question. To do so it focuses on the principle that those who cause the problem are morally responsible for solving it (the ‘polluter pays’ principle). It argues that while this has considerable appeal it cannot provide a complete account of who should bear the burdens of global climate change. It proposes three ways in which this principle needs to be supplemented, and compares the resulting moral theory with the principle of ‘common but differentiated responsibility’.

Why Social Justice Matters

Abstract: Preface. Part I. Social Justice: The Basics. Why We Need a Theory. The Machinery of Social Injustice. The Scope of Social Justice. Part II: Equality of Opportunity. Why Equal Opportunity?. Education. Health. The Making of the Black Gulag. Part III. What's Wrong with Meritocracy?. The Idea of Meritocracy. The Abuse of Science. Part IV. The Cult of Personal Responsibility. Responsibility versus Equality?. Rights and Responsibilities. Irresponsible Societies. Part V. The Demands of Social Justice. Pathologies of Inequality. Wealth. Jobs and Incomes. Can We Afford Social Justice?. Part VI. The Future of Social Justice. The Power of Ideas. How Change Happens. Meltdown?. Justice or Bust. Notes. Index.

Penal Systems: A Comparative Approach

Abstract: Foreword - David Downes PART ONE: ABOUT COMPARATIVE PENOLOGY Introducing Comparative Penology PENAL SYSTEMS IN CRISIS? Globalized Penal Crisis? The United States of America Law and Order Ideology, Hyperincarceration and Looming Crisis England and Wales Stop-Go and the Upwards Zig-Zag Australia and New Zealand Neo-Liberal Punitiveness Down Under South Africa The Transition From Apartheid Germany Archetypal Corporatism The Netherlands A Beacon of Tolerance Dimmed France and Italy Corporatism and Catholicism Sweden and Finland Nordic Social Democracy Japan Iron Fist in a Velvet Penal Glove PART TWO: PATTERNS OF PENALITY Comparative Youth Justice Neo-Liberal Youth Justice Systems Youth Justice Systems: Corporatist Variants General Patterns in Youth Justice? Prison Privatization PART THREE: IN CONCLUSION 'A Boot Stamping on a Human Face Forever?'

Justice From the Victim’s Perspective

Abstract: What are the meanings of justice, as seen from the perspective of victims of violent crime? Are victims' visions of justice represented by the conventional legal system? Are they represented by restorative justice? The author engages these questions, drawing on in-depth interviews with 22 victims of violent crime. It is argued that survivors' views of justice do not fit well into either retributive or restorative models. This has implications for current efforts to use restorative models in cases of violence against women.

Autonomy, Vulnerability, Recognition, and Justice

Abstract: One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life, these commitments suggest that liberal societies should be especially concerned to address vulnerabilities of individuals regarding the development and maintenance of their autonomy. In this chapter, we develop an account of what it would mean for a society to take seriously the obligation to reduce individuals’ autonomy-related vulnerabilities to an acceptable minimum. In particular, we argue that standard liberal accounts underestimate the scope of this obligation because they fail to appreciate various threats to autonomy. The reason these vulnerabilities have been underestimated, we believe, is because autonomy has generally been understood in an essentially individualistic fashion. The alternative account of autonomy we sketch here highlights the ways in which individuals’ autonomy can be diminished or impaired through damage to the social relations that support autonomy. By articulating a conception of autonomy in terms of, more specifically, a theory of mutual recognition, we aim to pinpoint the individualistic bias in liberal accounts and the concomitant underestimation of our dependence on relationships of respect, care, and esteem. We conclude by anticipating some broader implications of this for how proceduralist accounts of social justice ought to be revised.

Social Motivation, Justice, and the Moral Emotions: An Attributional Approach

Abstract: Contents: Preface. Prologue. A Theory of Social Motivation and Justice: Logic and Development. Testing the Theory and Incorporating Cultural and Individual Differences. The Moral Emotions and Creating Positive Moral Impressions. Reward and Punishment. A Visit to the Courtroom Settings: Is the Theory Useful? Epilogue.

Whitewashing Race: The Myth of a Color-Blind Society

Abstract: Tables and Figure Preface Introduction:Race Preferences and Race Privileges 1. Of Fish and Water: Perspectives on Racism and Privilege 2. The Bankruptcy of Virtuous Markets: Racial Inequality, Poverty, and "Individual Failure" 3. Keeping Blacks in Their Place: Race, Education, and Testing 4. Been in the Pen So Long: Race, Crime, and Justice 5. Civil Rights and Racial Equality: Employment Discrimination Law, Affirmative Action, and Quotas 6. Color-Blindness as Color Consciousness: Voting Rights and Political Equality Conclusion: Facing Up to Race Notes Bibliography About the Authors Index

Capitalism's Achilles Heel: Dirty Money and How to Renew the Free-Market System

Abstract: Prologue. Chapter 1: Global Capitalism: Savior or Predator? PART I: Illegality: We Like the Money. Chapter 2: Playing the Game. The Dirty-Money User Manual. You're in Business. Chapter 3: Dirty Money at Work. The Corruption Industry. The Criminal Component: Drugs, Thugs, and Terrorists. Global Commerce and Tax Evasion: Coin of the Realm. Chapter 4: Magnitudes and Misunderstandings. How Much Money? A Failure Rate of 99.9 Percent. Well-Intentioned Efforts. The Patriot Act. Dirty Money Is on the Rise. Chasing Terrorists' Money. Ill-Intentioned Loopholes. Haven and Secrecy Structure. Falsified Pricing Structure. We Like the Money. Challenge. PART II: Inequality: The Gap Matters. Chapter 5: The Global Divide. The Quintile Canyon. Measure for Measure. It's an Uncertain World. The Monkey Wrench. Chapter 6: "I Don't Understand" and "Don't Tell Anyone". Myths. "Don't Tell Anyone". Corruption-At Long Last! Filling Western Coffers: Mum's the Word. Debtor's Prison. What If? Intellectual Gap or Character Gap? Chapter 7: It's the 70 to 90 Percent that Matters. It Can't Last. Convergence? The Gap Matters. Challenge. PART III: Disutility: Bentham KOs Smith. Chapter 8: The Anguish of Adam Smith. Theory of Moral Sentiments. Wealth of Nations. Invisible Hand. Das Adam Smith Problem. The Tears of Adam Smith. Chapter 9: The Joys of Jeremy Bentham. Jurisprudence. Utilitarianism. Related Interests. John Stuart Mill. Problems. Chapter 10: Philosophy Becomes Culture. The Great Infusion. Twentieth-Century Utility. Twentieth-Century Utilitarianism. Inoperable Doctrine, Deadly Practice. Disutility. Challenge. PART IV: Run It Right: Trust the System. Chapter 11: Capitalism's Achilles Heel. Chapter 12: Spreading Prosperity. Delegitimizing Dirty Money. Tougher on Corruption. Reining in the Support Structure. Mispricing and Transfer Pricing. Capitalism's Contribution to Slashing Inequality. "... When You Pay Me What You Owe Me". Reconstitute the World Bank. Justice First. Chapter 13: Renewing Capitalism. Acknowledgments. Notes. Index.

Social justice and school improvement: improving the quality of schooling in the poorest neighbourhoods

Abstract: Social justice in education demands, at the very least, that all students should have access to the same quality of educational processes, even if their outcomes turn out to be unequal. Yet schools in the poorest neighbourhoods are consistently adjudged to provide a lower quality of education than those in more advantaged areas. Based on a qualitative study of four such schools, this article explores links between the contexts in which they were operating and the quality of education provided. It concludes that high-poverty contexts exert downward pressures on quality, and that consistently high levels of quality in schools in the poorest neighbourhoods need to be assured by policy measures that alter their context or, through greater funding, improve their organisational capacity to respond. Social justice will not be achieved by managerialist policies that seek to improve schools by addressing the performance of managers and staff, without a recognition of the context in which this performance takes place.

Darfur: A New History of a Long War

Abstract: Written by two authors with unparalleled first-hand experience of Darfur, this is the definitive guide. Newly updated and hugely expanded, this edition details Darfur's history in Sudan. It traces the origins, organization and ideology of the infamous Janjawiid and rebel groups, including the Sudan Liberation Army and the Justice and Equality Movement. It also analyses the brutal response of the Sudanese government. The authors investigate the responses by the African Union and the international community, including the halting peace talks and the attempts at peacekeeping. Flint and de Waal provide an authoritative and compelling account of contemporary Africa's most controversial conflict.

The globalization of crime control—the case of youth and juvenile justice: Neo-liberalism, policy convergence and international conventions

Abstract: The concept of globalization has gradually permeated criminology, but more so as applied to transnational organized crime, international terrorism and policing than in addressing processes of criminal justice reform. Based on a wide range of bibliographic and web resources, this article assesses the extent to which a combination of neo-liberal assaults on the social logics of the welfare state and public provision, widespread experimentation with restorative justice and the prospect of rehabilitation through mediation and widely ratified international directives, epitomized by the United Nations Convention on the Rights of the Child, have now made it possible to talk of a global juvenile/youth justice. Conversely it also reflects on how persistent national and local divergences, together with the contradictions of contemporary reform, may preclude any aspiration for the delivery of a universal and consensual product

Organizational justice and turnover in public accounting firms: a research note

Abstract: This study investigates the links between organizational justice and turnover at large public accounting firms. The primary justice issue discussed in the study is the perceived fairness of decisions involving pay and promotions. Fairness is examined in terms of the consistent application of standards across individuals in the firm's decision-making. To explore these issues, a survey was distributed to three large accounting firms in a major Canadian metropolitan area. Survey results from 76 accountants suggest that fairness perceptions influence turnover intentions through the intermediaries of organizational commitment and job satisfaction.

The domain of the political and overlapping consensus

Abstract: In this paper I shall examine the idea of an overlapping consensus1 and its role in a political conception of justice for a constitutional regime. A political conception, I shall suppose, views the political as a special domain with distinctive features that call for the articulation within the conception of the characteristic values that apply to that domain. Justice as fairness, the conception presented in my book A Theory of Justice,2is an example of a political conception and I refer to it to fix ideas. By going over these matters I hope to allay misgivings about the idea of an overlapping consensus, especially the misgiving that it makes political philosophy political in the wrong way.3 That is, this idea may suggest to some the view that consensus politics is to be taken as regulative and that the content of first principles of justice should be adjusted to the claims of the dominant political and social interests.

Beyond greed and grievance – and not too soon …

Abstract: ‘a useful conceptual distinction in understanding the motivation for civil war is that between greed and grievance’. thus wrote paul collier in 1999. drawing on statistical data of civil wars since the mid-sixties, his conclusion at the time was stark and unequivocal: ‘grievance-based explanations of civil war’ were ‘seriously wrong’. in seemingly uncompromising terms, he argued instead that the key to understanding why such wars erupt lay in greed and the quest for loot by rebel actors. it most certainly was not to be found in self-serving ‘narratives of grievance’ or in any claim on the part of insurgents to be fighting for justice. the likelihood of greed-driven wars breaking out was particularly high, collier suggested further, in countries that relied heavily on primary commodity exports, had a surfeit of young, unemployed and poorly educated men, and were experiencing a period of rapid economic decline. this, in short, was the ‘greed thesis’ of contemporary civil wars.

The Costs of Crime and Justice

Abstract: 1. Introduction 2. An Economic Approach to Crime and Costing Methodologies 3. Victim Costs 4. Third Party and Society Costs 5. Policy Analysis and the Cost of Crime

The Pinochet Effect: Transnational Justice in the Age of Human Rights

Abstract: The Beginning 2. The Adventures of Augusto Pinochet in the United Kingdom: A "Most Civilized Country" 3. The Investigations Come Home to Chile 4. Argentina: Truth and Consequences 5. The European Cases 6. Operation Condor Redux 7. The Legal Legacy of Pinochet: Universal Jurisdiction and Its Discontents 8. The Actors Behind the Pinochet Cases

Brand new justice : how branding places and products can help the developing world

Abstract: Why brands count What brands do for countries Developing markets, emerging brands The challenge of branded exports When countries become brands Now in the time.

Critical Issues on Islamic Banking and Financial Markets: Islamic Economics, Banking and Finance, Investments, Takaful and Financial Planning

Abstract: This book examines the principles and practices ofIslamic banking and financial markets, particularly from the Malaysian experience. The main objective of Islamic financial system is to govern the flow of funds from the surplus sector to the deficit sector and it does so to promote justice ('adalah). That is, by adhering to Shariah principles and achieving efficiency - doing the right thing and doing it right, public and private interest interests are can both be protected. By doing so, the legal and moral dimensions of product design and development are now equally important. In this way halal status should not discount how Islamic products affects general economic activities. It means that Shariah advisors should not only approve Shariah complaint products along the juristic plane but dutifully consider how the products can affect income disparities and poverty, economic stability and growth. For this reason, the principle of risktaking (ghorm) and the principle of work (kasb) and the principle of liability, accountability, responsibility (daman) are paramount in determining Shariah legitimacy of profits and earnings derived from Islamic financial transactions. Risk (ghorm), work (kasbh) and liability (daman) constitute the essence of trading and commerce (ai-bay') the Holy Quran has enjoined over usury (riba). By risk, it means allowing capital to depreciate and appreciate as dictated by the market forces. By work, it refers to value-additions namely, knowledge and skills imparted into the business process. Liability means the responsibility each party must assume in the contract such as providing warranties on the goods and services sold. Based on these principles ofrisk, work and responsibility, also known as the principle of equivalent countervalue ('iwad), the ethical and moral dimension of Islamic fmancial transactions can be realized and thus promote the sense of justice the Quran attempts to convey. It helps people take a second-look at financial products that have received Shariah compliant status and help control potential duplication of interestbearing products bearing the Islamic label.

Real World Justice

Abstract: Despite a high and growing global average income, billions of human beings are still condemned to lifelong severe poverty with all its attendant evils of low life expectancy, social exclusion, ill health, illiteracy, dependency, and effective enslavement. We citizens of the rich countries are conditioned to think of this problem as an occasion for assistance. Thanks in part to the rationalizations dispensed by our economists, most of us do not realize how deeply we are implicated, through the new global economic order our states have imposed, in this ongoing catastrophe. My sketch of how we are so implicated follows the argument of my book, World Poverty and Human Rights, but takes the form of a response to the book’s critics.

Beyond the Social Contract: Capabilities and Global Justice

Abstract: The dominant theory of justice in the western tradition of political philosophy is the social contract theory, which sees principles of justice as the outcome of a contract people make, for mutual advantage, to leave the state of nature and govern themselves by law. Such theories have recently been influential in thinking about global justice. I examine that tradition, focusing on Rawls, its greatest modern exponent; I shall find it wanting. Despite their great strengths in thinking about justice, contractarian theories have some structural defects that make them yield very imperfect results when we apply them to the world stage. More promising results are given by a version of the capabilities approach, which suggests a set of basic human entitlements, similar to human rights, as a minimum of what justice requires for all. But among the traits characteristic of the human being is an impelling desire for fellowship, that is for common life, not of just any kind, but a peaceful life, and organized according to the measure of his intelligence, with those who are of his kind ... Stated as a universal truth, therefore, the assertion that every animal is impelled by nature to seek only its own good cannot be conceded. (Grotius, On the Law of War and Peace) Global inequalities in income increased in the 20th century by orders of magnitude out of proportion to anything experienced before. The distance between the incomes of the richest and poorest country was about 3 to 1 in 1820, 35 to 1 in 1950, 44 to 1 in 1973 and 72 to 1 in 1992. (Human Development Report 2000, United Nations Development Programme) 1. A World of Inequalities A child born in Sweden today has a life expectancy at birth of 79.7 years. A child born in Sierra Leone has a life expectancy at birth of 38.9 years.1 In the USA, GDP per capita is US$34 142; in Sierra Leone, GDP per capita is US$490. Adult literacy rates in the top 20 nations are around 99%; in Sierra Leone, the literacy rate is 36%. In 26 nations, the adult literacy rate is under 50%. The world contains inequalities that are morally alarming, and the gap between richer and poorer nations is widening. The chance of being born in one nation rather than another pervasively determines the life chances of every child who is born. Any *Martha C. Nussbaum, University of Chicago Law School, 1111 E 60th Street, Chicago, IK, 60637, USA. ISSN 1360-0818 print/ISSN 1469-9966 online/04/010003-16  2004 International Development Centre, Oxford DOI: 10.1080/1360081042000184093

Gender vs. diversity mainstreaming: A preliminary examination of the role and transformative potential of feminist theory

Abstract: . This paper considers why gender mainstreaming (GM), a strategy that many have claimed holds promise for transforming public policy and working towards social justice, is inherently limited and flawed. The paper begins with a brief overview of GM, specifically focusing on the Canadian context, and highlights current discussions in the literature regarding issues of implementation and best practices. It then moves on to reveal that a critical but overlooked dimension of GM is its theoretical foundation. In contextualizing GM within a contemporary feminist theory framework, the paper seeks to illuminate the problematic relationship that currently exists between GM and feminist theory and, moreover, demonstrates why the theoretical premises of GM need significant reworking. The argument put forward is that if insights of recent feminist theorizing are taken seriously, it becomes clear that GM should be replaced by an alternative and broader strategy of diversity mainstreaming. Through the use of practical examples, the paper illustrates how diversity mainstreaming is able to better capture, articulate and make visible the relationship between simultaneously interlocking forms of oppressions that include but are not limited to gender.Resume. Cet article etudie pourquoi l'integration d'une perspective de genre (IPG), une strategie dans laquelle beaucoup ont vu la promesse d'une transformation de la politique publique et d'un progres vers la justice sociale, est en soi limitee et defectueuse. L'article debute par un bref expose sur l'IPG, s'interessant principalement au contexte canadien, et il met en evidence les discussions actuelles dans la litterature au sujet de problemes de mise en oeuvre et de pratiques exemplaires. Il revele ensuite qu'une dimension critique mais negligee de l'IPG est son fondement theorique. En contextualisant l'IPG dans un cadre de theorie feministe contemporaine, l'article cherche a eclairer la relation problematique qui existe actuellement entre l'IPG et la theorie feministe et, de surcroit, demontre pourquoi les premisses theoriques de l'IPG necessitent une revision significative. L'argument avance est que, si l'on prend au serieux les conclusions des theories feministes recentes, il semble evident que l'IPG devrait etre remplacee par une strategie plus vaste d'integration d'une perspective de diversite. S'appuyant sur des exemples pratiques, l'article montre que l'integration d'une perspective de diversite reussit a mieux capturer, mettre en rapport et rendre visible la relation entre des formes d'oppression qui s'entrecroisent simultanement et qui incluent mais ne se limitent pas au genre.

The difference a manager can make: organizational justice and knowledge worker commitment

Abstract: The quality of the employment relationship is argued to be central to knowledge workers' committment, which in turn supports knowledge creation. Given the high levels of discretion enjoyed by knowledge workers, managers' decisions over work distribution, content and resources become more critical for commitment and knowledge creation. However, little research has explored how justice perceptions shape the quality of the employment relationship and the consequences for committment. Using a sample of 429 R&D workers from across six science and technology-based firms this paper explores the three-way interaction of procedural and interactional justice with the psychological contract to predict knowledge worker committnent. We found that when employees simultaneously perceived high levels of procedural and interactional justice this moderated the relationship between psychological contract breach and knowledge worker commitment. Furthermore, where there was contract breach, positive perceptions of procedural justice moderated the relationship with commitment. However, in the context of contract fulfilment, low perceived levels of interactional justice predicted lower comparative levels of committment, regardless of the level of procedural justice. The results suggest that the perceived quality of the relationship between knowledge workers and their manager can make a positive difference in the context of breach of the psychological contract and this in turn can help maintain levels of commitment important for knowledge creation.

Feminist Engagement with Restorative Justice

Abstract: Feminist engagement with the idea of restorative justice (RJ) takes several forms, and this article maps five areas of theory, research, and politics. They are: theories of justice; the role of retribution in criminal justice; studies of gender in RJ processes; the appropriateness of RJ for partner, sexual, or family violence; and the politics of race and gender in making justice claims. There is overlap among the five, and some analysts or arguments may work across them. However, each has a particular set of concerns and a different kind of engagement with the idea of RJ. The most developed area of feminist scholarship concerns the appropriateness of RJ for partner, sexual, or family violence. It is not surprising that feminist analysts have focused on this area: it is perhaps the most common context in which women come into contact with the justice system, and the significance of gender is readily apparent. It is also an area in which RJ advocates are poorly informed. At the same time, it is important to recognize that there are other domains of feminist engagement with RJ.

Women's Lives, Men's Laws

Abstract: In the past 25 years, no one has been more instrumental than Catharine MacKinnon in making equal rights real for women. As Peter Jennings once put it, more than anyone else in legal studies, she "has made it easier for other women to seek justice". This collection brings together previously uncollected and unpublished work in the national arena from 1980 to the present, defining her clear, coherent, consistent approach to reframing the law of men on the basis of the lives of women.