Debating The Paradigms Of Justice

This book deals with the fascinating debate over the concept of justice proposed by two contemporary thinkers, namely, John Rawls and Amartya Sen. Justice means what is just, but how do we know what is just? What would be the viable criterion to legitimize justice? Is justice objective or subjective? Is justice a matter of ontological issue or an issue of realization? What would be the paradigm of justice? These are some important issues discussed in the book. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.

'Debating Law' is a new, exciting series that gives scholarly experts the opportunity to offer contrasting perspectives on significant topics of contemporary, general interest. In this first volume of the series Carolyn Hoyle argues that communities and the state should be more restorative in responding to harms caused by crimes, antisocial behaviour and other incivilities. She supports the exclusive use of restorative justice for many non-serious offences, and favours approaches that, by integrating restorative and retributive philosophies, take restorative practices into the 'deep end' of criminal justice. While acknowledging that restorative justice appears to have much to offer in terms of criminal justice reform, Chris Cunneen offers a different account, contending that the theoretical cogency of restorative ideas is limited by their lack of a coherent analysis of social and political power. He goes on to argue that after several decades of experimentation, restorative justice has not produced significant change in the criminal justice system and that the attempt to establish it as a feasible alternative to dominant practices of criminal justice has failed. This lively and valuable debate will be of great interest to everyone interested in the criminal justice system.

This book explores the relation between redistribution and recognition, two key paradigms in the contemporary discourse on justice. Combining insights from the traditions of critical social theory and analytical political philosophy, the volume offers a multifaceted exploration of this incredibly inspiring conceptual couple from a plurality of perspectives. The chapters engage with concepts such as universal basic income, property-owning democracy, poverty, equality, self-respect, pluralism, care, and work, all of which have an impact on individuals’ recognition as well as on distributive policies. An important contribution to the field of political and social philosophy, the volume will be useful to scholars and researchers of politics, law, human rights, economics, social justice, as well as policymakers.

An introduction to the most fundamental and distinctive ideas of restorative justice and to the key arguments both for and against its use. The main aim is to make the phenomenon of restorative justice and the major debates about it, comprehensible to relative newcomers, whether students of criminology, law or related disciplines, or researchers or professionals with an interest in crime and justice issues. At the same time, the book seeks to extend the range of the debate about the meaning of restorative justice, its pros and cons, and its broader significance.

This book explores the role of theory and research in criminology. Adopting a unique and refreshing approach to criminological theory, it focuses on the great debates in criminology from its inception as a field to the present day. It explores the debates that have motivated criminological thought, that have represented turning points in theoretical and empirical trajectories, that have offered mini-paradigm shifts, and that have moved the field forward. Coverage includes: Classical debates, including the work of Lombroso, Durkheim, and Sutherland; Sociological vs. psychological debates in criminology; Control theory and cultural deviance theory; Criminal career and trait-based theory; Theory testing in criminology; Critical theories in criminology; Debates on the state of criminology and criminal justice; Policy issues in criminology. Each chapter explores several key debates, summarizes key points, and offers a discussion of the current empirical status. This book is novel in emphasising the role of debate in criminology and offering an enlightening synthesis of theorists and their perspectives. It is essential reading for students taking courses on criminological theory and teachers of those theories.

The moral inquiry into the nature of justice is often marginalized, as contemporary discussions focus primarily on political considerations. Yet, the need to examine the moral framework of justice is fundamental. What is the point of justice, after all, if not to establish a moral framework for political interactions? The question resonates especially when recognizing that no monocultures exist over time and space. In examining Plato’s thoughts on individual and social morality (dikaiosune) and Aristotle’s focus on individual virtue (arête) and the pursuit of well-being (eudaimonia), the author proffers foundational resources for today’s discussions of justice. Moreover, he brings this nexus of thought into conversation with theories that have emerged over the centuries, such as Kant’s concept of due concern and respect, individual rights and responsibilities as in Hobbes, Locke and J.S. Mill. Thus, he engages contemporary disputes of justice including distributive vs. relational schemes, choice vs. chance considerations, group rights theories, value pluralism, the right vs. the good, as well as international and future justice. His inquiry concludes with the provision of a deontological framework set against a liberal political context, justice as right actions, for further examination of questions of justice.

This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota