Articoli di riviste: "Justice theory"

1

AYUCH, Daniel. "JUSTICE BETWEEN THEORY AND PRACTICE." Icoana Credintei 5, no. 10 (June 25, 2019): 5–9. http://dx.doi.org/10.26520/icoana.2019.10.5.5-9.

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Donghee Lee. "Normative Theory of Justice and Procedural Justice." Dankook Law Riview 36, no. 1 (June 2012): 207–36. http://dx.doi.org/10.17252/dlr.2012.36.1.009.

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Chilton, Bradley Stewart. "Criticizing postmodern criminal justice theory at its root: Nietzsche's justice theory." Justice Professional 14, no. 1 (March 2001): 79–94. http://dx.doi.org/10.1080/1478601x.2001.9959611.

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4

Forray, Jean Mannheimer. "Building Organizational Justice Theory." Proceedings of the International Association for Business and Society 5 (1994): 133–37. http://dx.doi.org/10.5840/iabsproc1994511.

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5

Gregor, Mary, and Allen D. Rosen. "Kant's Theory of Justice." Philosophical Review 104, no. 2 (April 1995): 282. http://dx.doi.org/10.2307/2185988.

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Kelly, Erin, and John Rawls. "A Theory of Justice." Philosophical Review 110, no. 3 (July 2001): 421. http://dx.doi.org/10.2307/2693651.

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Reilly-Cooper, Rebecca. "A Theory of Justice." Philosophers' Magazine, no. 61 (2013): 123–24. http://dx.doi.org/10.5840/tpm20136171.

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8

Chamallas, Martha. "Social Justice Tort Theory." Journal of Tort Law 14, no. 2 (October 1, 2021): 309–32. http://dx.doi.org/10.1515/jtl-2021-0029.

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Abstract Alongside the dominant law and economics and corrective justice approaches to tort law, a new genre of tort theory based on principles and perspectives of social justice has come into its own and deserves recognition. Social justice tort theory starts from the premise that tort law reflects and reinforces systemic forms of injustice in the larger society and maintains that the compensatory ideal of tort law cannot be extricated from these larger systems. It is multi-dimensional and intersectional, recognizing that the impact of injury lands intersectionally, sometimes changing the intensity of the injury or distorting the nature of the injury. Social justice tort scholars have examined torts in gendered and racialized contexts, as well as in ordinary cases that seem to have little to do with systemic injury. In addition to feminist and critical race theory, they have borrowed from critical disability studies, queer theory and political economy. Their work demonstrates how tort law unfairly distributes damages, fails to provide adequate relief for victims of sexual assault or for people who suffer racial insult and discrimination, and erases maternal and reproductive harms. In their work, we can see common deconstructive moves (an emphasis on disparate impacts and devaluation; a teasing out of cognitive bias; and a critique of exceptionalism in tort doctrine) as well as guiding principles for reconstruction (incorporating victims’ perspectives; treating boundaries between civil rights law and tort law as permeable; and enhancing dignity and recognition).

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Becker, Donald. "Kant’s Theory of Justice." International Studies in Philosophy 29, no. 2 (1997): 139–41. http://dx.doi.org/10.5840/intstudphil199729261.

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McKerlie, Dennis. "Aristotle's Theory of Justice." Southern Journal of Philosophy 39, no. 1 (March 2001): 119–41. http://dx.doi.org/10.1111/j.2041-6962.2001.tb01809.x.

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Kelly, E. "A THEORY OF JUSTICE." Philosophical Review 110, no. 3 (July 1, 2001): 421–25. http://dx.doi.org/10.1215/00318108-110-3-421.

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Strudler, Alan. "Tort theory and justice." Philosophical Studies 52, no. 3 (November 1987): 411–25. http://dx.doi.org/10.1007/bf00354056.

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Bernard, Thomas J., and Robin Shepard Engel. "Conceptualizing criminal justice theory." Justice Quarterly 18, no. 1 (March 1, 2001): 1–30. http://dx.doi.org/10.1080/07418820100094801.

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Harvey, J. "Justice Theory and Oppression." Canadian Journal of Philosophy Supplementary Volume 25 (1999): 171–90. http://dx.doi.org/10.1080/00455091.1999.10716835.

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Contending views of social justice often confront each other over claims about basic rights. In this paper I will begin with a familiar dispute of this kind, the crux of which proves to be the distribution of economic benefits and burdens. I will argue that it is is indeed illuminating to consider basic rights, and important in particular to examine an especially fundamental set of rights, namely, those that attach to the moral relationships that define the moral community. The blocking of these rights is a moral concern in itself and also often underlies more obvious social and economic inequalities. By considering this set of rights, we can uncover an unsuspected kind of justice which makes moral demands independently of a concern for distributive justice.There is a longstanding and influential tradition of claiming that the duties of justice are solely “negative” duties. On this view the concerns of justice are concerns about “negative rights” of an especially basic kind, usually subsumed under the heading of “individual freedom.” Justice consists in our “not interfering with” these basic negative rights.

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Kolm, Serge-Christophe. "The theory of justice." Social Choice and Welfare 13, no. 2 (April 1996): 151–82. http://dx.doi.org/10.1007/bf00183349.

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Robinson, Matthew. "Assessing Criminal Justice Practice Using Social Justice Theory." Social Justice Research 23, no. 1 (March 2010): 77–97. http://dx.doi.org/10.1007/s11211-010-0108-1.

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17

Moroni, Stefano. "The just city. Three background issues: Institutional justice and spatial justice, social justice and distributive justice, concept of justice and conceptions of justice." Planning Theory 19, no. 3 (September 25, 2019): 251–67. http://dx.doi.org/10.1177/1473095219877670.

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In the fields of planning theory and human geography, there is a growing discussion of the just city. The impression is that in order to continue the discussion of the crucial issue of the just city, certain methodological considerations and precautions are necessary. The article is focused on three in particular: (a) (urban) institutions as the first subject of justice, (b) the incomplete overlap between social justice and distributive justice, (c) the distinction between the concept and the conceptions of social justice. The impression is that these three issues are not always recognised, or at least not always to the fullest extent, in the current debate in planning theory.

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18

Gillan, Steve. "The right to strike." Theory & Struggle 125, no. 1 (April 2024): 98–100. http://dx.doi.org/10.3828/theory.2024.11.

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It is a basic, fundamental human right for any worker to withdraw their labour — that is why the trade union movement in the United Kingdom needs to resist the new Strikes (Minimum Service Levels) Act when embarking on industrial action. This legislation is a back-door attempt to ban strike action in certain occupations and for certain groups of workers. The Prison Officers’ Association (POA) argues that it is vital that together we campaign not only to repeal the MSL Act and the Trade Union Act 2016, but also against the disgraceful stain of section 127 of the Criminal Justice Public Order Act 1994. The POA will not rest until we get justice. Our fight goes on irrespective of whether or not we are supported by the wider trade union movement.

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19

Zimányi, Róbert G., and Gábor Geczi. "Justice at Sport Clubs According to the Theory of Utilitarianism and Libertarianism." Physical Culture and Sport. Studies and Research 77, no. 1 (March 1, 2018): 55–60. http://dx.doi.org/10.2478/pcssr-2018-0007.

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Abstract Today’s sport clubs are exposed to turbulently changing circumstances to which they must adapt. If we want to talk about quality sport clubs, we have to find the qualitative criterion that justifies them. This must then be accepted by society as well. Such aspects of quality and evaluation may show justice. Only one truth exists. Thus the question is how and by what principles we should interpret it. Justice can play a key role in the operation of sport clubs as a moral element. This justice must not necessarily be linked to equality. The goal of this study is to interpret justice as a quality factor in sport clubs. The other goal of the study is to present some theories of justice related to sport. The study examines Bentham’s utilitarianism, Mill’s higher pleasures, and the ideas of libertarianism concerning justice. The theories of justice in addition to social processes also play a key role in today’s sport clubs. During the interpretations, it is important to distinguish between competitive and non-competitive sport clubs in relation to justice. It also depends on the practical applicability of the theory of justice. The practical application of theories of justices should be thoroughly investigated in the life of sport clubs. Then the sport clubs’ management must decide which theory of justice should be introduced. The key question concerns how to apply it consistently in practice while taking into account the interests of existing and prospective members. Finding the potential qualitative key factors for the sport clubs’ qualification is a complex activity. Besides happiness and justice, many other ancient and presently valued virtues can be relevant qualities and distinctive aspects among sport clubs.

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Hanhela, Teemu Eino Petteri. "Justice in education and recognitive justice." Studier i Pædagogisk Filosofi 7, no. 2 (January 9, 2020): 1–20. http://dx.doi.org/10.7146/spf.v7i2.117454.

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This paper focuses on a topical issue - the idea of ‘justice in education’ – developed by Krassimir Stojanov, among other recent educational justice theorists. Justice in education has to ask ‘educational questions about education’, which means that educational justice theory should be capable of dealing with educational practices, and constellations that are asymmetrical interaction orders. This requires, from the perspective of a child, criteria to distinguish between justified and unjustified educative demands towards responsibility and autonomy. This paper analyses forms of recognition as a legitimate summons that enables the individual’s autonomy. It also analyses the illegitimate demands that emerge from Stojanov’s innovative idea to combine the forms of misrecognition with the concepts of epistemic injustice. The second chapter of this paper introduces the challenges related to the recognitive justice as justice in education. The examination of Dietrich Benner’s recent critique of recognition theory illuminates these challenges in two ways: first, it is shown that there can be something negatively experienced, but the result of productive disruptions that the educator need to produce, which are out of the scope of recognition theory. Second, the recognitive justice paradigm ignores elementary pedagogical conditions and requirements, ‘the pedagogical knowledge’ and its methods, and is therefore unable to fully grasp the legitimate educational authority. This paper concludes with a synthesis that finds the crucial elements from the recognition theory to justice in education and critically assessing Benner’s claims. Overall, the paper offers potential for further development in justice in education.

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21

Gainor, Kathy A. "Social Justice." Counseling Psychologist 33, no. 2 (March 2005): 180–88. http://dx.doi.org/10.1177/0011000004272724.

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In response to the article “An Emancipatory Communitarian Approach to Vocational Development Theory, Research, and Practice” by David Blustein, Ellen Hawley McWhirter, and Justin Perry, this author discusses the moral imperative of a social justice approach to vocational psychology. Planning for and directly addressing the inevitable and necessary resistance to change are critical components of social justice work. Implications for vocational psychology theory, research, and training are discussed, including the application of social cognitive career theory.

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22

Hoyle, Carolyn, and Diana Batchelor. "Making room for procedural justice in restorative justice theory." International Journal of Restorative Justice 1, no. 2 (September 2018): 175–86. http://dx.doi.org/10.5553/ijrj/258908912018001002001.

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23

Moriarty, Jeffrey. "Desert and Distributive Justice in A Theory of Justice." Journal of Social Philosophy 33, no. 1 (February 2002): 131–43. http://dx.doi.org/10.1111/1467-9833.00128.

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24

Maffettone, Sebastiano. "Sen's Idea of Justice versus Rawls' Theory of Justice." Indian Journal of Human Development 5, no. 1 (January 2011): 119–32. http://dx.doi.org/10.1177/0973703020110106.

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Mbiada, Carlos Joel Tchawouo, and Ndivho Percy Sithuga. "Does mob justice fit the conceptual theory of justice?" International Journal of Research in Business and Social Science (2147- 4478) 12, no. 5 (July 28, 2023): 395–401. http://dx.doi.org/10.20525/ijrbs.v12i5.2424.

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With the recent surge of mob justice in South Africa, this paper investigates whether recourse to mob justice serves a legitimate purpose and especially whether it serves justice or falls within the conceptual meaning of justice. In so doing, the paper undertook a literature review in view first to identify the possible causes of mob justice and whether or not mob justice serves a legitimate purpose in society. The literature reveals that mob justice aims to ensure security and maintain social order due to state inefficiency to provide security to its citizens. Mob justice becomes a mechanism of social control, policing, and society’s expression that the criminal justice system has failed. However, the paper could not find any related literature on the question whether mob justice falls within the philosophical concept of justice. It finds that the current discourse on mob justice literature focuses on the social and economic aspects of mob justice, delving into the possible reasons behind the attacks, or the legal aspects of mob justice. The paper is therefore relevant as its objective is to determine whether mob justice meets the conceptual meaning of justice and if there is a place for such conduct within a constitutional society. The paper found that mob justice falls short of the philosophical understanding of justice and is no more than injustice. It recommends a policy shift in the form of community involvement in policing.

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Lee, Myungho. "Legal Justice and Monarchic Mercy: On William Shakespeare’s The Merchant of Venice." Criticism and Theory Society of Korea 27, no. 1 (February 28, 2022): 117–42. http://dx.doi.org/10.19116/theory.2022.27.1.117.

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27

Daniel, Ayuch. "Justice between Theory and Practice." Icoana Credintei 5, no. 10 (September 1, 2019): 5–9. https://doi.org/10.26520/icoana.2019.10.5.5-9.

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This article provides a critical approach to justice and social justice as reflected in Scripture and contemporary Orthodox theology. Some readings from the prophets and the wisdom books are commented and related to some key texts in the New Testament, especially those in the Sermon on the Mount. Usually, human beings seek justice because they need an ordered social context. Christians, however, pursue justice mainly because they intend to live according to the Lord's commandment to love the neighbor as themselves. Christians show their faith in their deeds, i.e., they express their orthodoxy through orthopraxy, which is particularly evident in the way they approach their neighbor and the environment where they live.

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Balashov, Dmitriy. "Thomas Nagel’s Theory of Justice." Sotsiologicheskoe Obozrenie / Russian Sociological Review 22, no. 4 (2023): 83–106. http://dx.doi.org/10.17323/1728-192x-2023-4-83-106.

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Theories of justice have become the central theme of liberal philosophy over the past century. Among these, one devoted to the problem of global justice, which has come to be particularly relevant at the turn of the century, deserves particular attention. Among liberal theories of global justice numerous competing conceptions have emerged; they could be presented as three broad lines of argumentation: ‘moral cosmopolitanism’, ‘political cosmopolitanism’ and ‘statism’. Thomas Nagel’s Hobbesian conception of global justice has become one of the most influential ‘statist’ theories. Having used the key points of Hobbes’ theory, Nagel significantly modified his original ideas. This allowed him, first, to invoke the principles of egalitarian justice at the level of the state and, second, to argue that international relations are not the territory of a moral vacuum. These modifications led to a two-level theory of ethics in which justice can exist only in separate sovereign states while the requirements of minimal humanitarian morality apply at the supranational level. As a result, Nagel’s theory of justice at the level of the state proved to be highly logical and persuasive, as well as able to withstand criticism from its opponents; whereas the requirements of minimal humanitarian morality seemed inconsistent and unrelated to justice in separate sovereign states. This has led to an ambivalent attitude towards Nagel’s theory. This article focuses on Nagel’s theory of global justice and the debate surrounding his statist arguments. This article also offers further criticism of the problems and prospects of Nagel’s theory of global justice.

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Mazzone, Leonard. "A Negative Theory of Justice." Theoria 67, no. 164 (September 1, 2020): 86–117. http://dx.doi.org/10.3167/th.2020.6716404.

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This article outlines the chief challenges concerning the philosophical theories of emancipation and clarifies the solutions provided by a so-called negative theory of justice. Besides highlighting the classic questions that every philosophical theory of emancipation is expected to answer, the article aims to highlight the link between this theoretical framework and an immanent critique of conditions of domination. Moreover, it sheds light on the main differences between this theoretical perspective and Honneth’s theory of recognition, Fraser’s three-dimensional conception of justice, and the critique of power relations recently advanced by Rainer Forst. The comparative analysis of these theoretical approaches will make it possible to highlight and appreciate the main merits of a so-called negative theory of justice that combines a multidimensional diagnosis of existing asymmetries of power with an immanent critique of their justifications.

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Chambers, Clare. "Rereading A Theory of Justice." Polity 53, no. 4 (October 1, 2021): 580–88. http://dx.doi.org/10.1086/716248.

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31

de Vries, Paul H. "Adam Smith’s “Theory” of Justice." Business and Professional Ethics Journal 8, no. 1 (1989): 37–55. http://dx.doi.org/10.5840/bpej1989811.

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32

Gold, Andrew S. "A theory of redressive justice." University of Toronto Law Journal 64, no. 2 (April 2014): 159–205. http://dx.doi.org/10.3138/utlj.0215.

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33

Birmingham, Robert, and Hyman Gross. "A Theory of Criminal Justice." Noûs 19, no. 1 (March 1985): 129. http://dx.doi.org/10.2307/2215135.

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Thompson, Janna. "A Theory of Intergenerational Justice." Environmental Ethics 33, no. 3 (2011): 321–22. http://dx.doi.org/10.5840/enviroethics201133334.

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35

SIMPSON, SALLY S. "FEMINIST THEORY, CRIME, AND JUSTICE*." Criminology 27, no. 4 (November 1989): 605–32. http://dx.doi.org/10.1111/j.1745-9125.1989.tb01048.x.

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36

CROSS, G. "A Theory of Impartial Justice." Oxford Journal of Legal Studies 21, no. 1 (March 1, 2001): 129–44. http://dx.doi.org/10.1093/ojls/21.1.129.

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37

Cooper, Jonathon A. "Criminal justice theory: an introduction." Journal of Criminal Justice Education 24, no. 2 (June 2013): 253–55. http://dx.doi.org/10.1080/10511253.2012.759766.

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38

Henderson, Joel H., and Ronald L. Boostrom. "Criminal Justice Theory: Anarchy Reigns." Journal of Contemporary Criminal Justice 5, no. 1 (February 1989): 29–39. http://dx.doi.org/10.1177/104398628900500104.

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VANDERSCHRAAF, PETER. "Game Theory, Evolution, and Justice." Philosophy Public Affairs 28, no. 4 (October 1999): 325–58. http://dx.doi.org/10.1111/j.1088-4963.1999.00325.x.

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40

DePaolo, Charles. "Coleridge's Theory of Distributive Justice." Wordsworth Circle 19, no. 2 (March 1988): 93–95. http://dx.doi.org/10.1086/twc24042860.

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41

Kim, Eun-Hee. "Sexual Ethics as Justice Theory." CHUL HAK SA SANG : Journal of Philosophical Ideas 74 (November 30, 2019): 131–64. http://dx.doi.org/10.15750/chss.74.201911.005.

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42

Hatfield, Elaine, Michael Salmon, and Richard L. Rapson. "Equity theory and social justice." Journal of Management, Spirituality & Religion 8, no. 2 (June 2011): 101–21. http://dx.doi.org/10.1080/14766086.2011.581818.

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43

Horton, John. "A Theory of Social Justice?" Utilitas 3, no. 1 (May 1991): 121–38. http://dx.doi.org/10.1017/s095382080000090x.

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44

Shandro, A. M. "A Marxist Theory of Justice?" Canadian Journal of Political Science 22, no. 1 (March 1989): 27–48. http://dx.doi.org/10.1017/s0008423900000822.

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AbstractSome recent Marxologists (notably Allen Buchanan, Richard Miller and Allen Wood) have denied that the idea of justice can play any significant role within Marxist thought. This article maintains, on the contrary, that the very logic of historical materialism, notably the concept of the historical development of human needs, necessitates a concept of justice even in the higher phase of communism. Furthermore, the “anti-juridical” interpretation of Marx fails to provide an adequate account of the connection between the communist values of self-realization and community. It therefore obscures the concerns addressed by a notion of justice. The early Marx's concept of species-being (Gattungswesen) expresses the relation between self-realization and community in historical terms. Thus it provides an appropriate context for a Marxist theory of justice.

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Cohen, Ronald L. "Distributive justice: Theory and research." Social Justice Research 1, no. 1 (March 1987): 19–40. http://dx.doi.org/10.1007/bf01049382.

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Mandle, Jon. "Justice, Desert, and Ideal Theory." Social Theory and Practice 23, no. 3 (1997): 399–425. http://dx.doi.org/10.5840/soctheorpract199723315.

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Orend, Brian. "Walzer’s General Theory of Justice." Social Theory and Practice 27, no. 2 (2001): 207–29. http://dx.doi.org/10.5840/soctheorpract200127210.

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Vita, Álvaro de. "Critical theory and social justice." Brazilian Political Science Review 8, no. 1 (2014): 109–26. http://dx.doi.org/10.1590/1981-38212014000100005.

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Raffel, Stanley. "A sociological theory of justice." Ethnographic studies, no. 2, Autumn 1997 (January 1, 1997): 39–55. https://doi.org/10.5449/idslu-001103458.

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Ikporukpo, Chris. "Climate Justice: Whose Justice?" Advances in Social Sciences Research Journal 9, no. 4 (April 16, 2022): 113–48. http://dx.doi.org/10.14738/assrj.94.12051.

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The increasing literature on climate justice is indicative of the increasing severity and public awareness of the challenge of climate change and the need for action. Generally speaking, the extant literature emphasises climate justice activism during COPs, climate justice movements and their activities, and climate justice activism in specific geographical regions. A case study approach is typical and neglects the actions of non-climate justice movement actors. This approach does not make for generalization on climate justice action. This article analyses the emergence and propagation of climate justice from a global perspective taking into consideration state actors and non-state actors, including non-movement groups and individuals. Varied sources of data are used and the analysis is descriptive and perspective. Rawls’ theory of justice and the resource mobilisation theory provide the theoretical underpinning. State actors, which are commonly analysed as antithetically related to the climate justice movements, play sensitisation and awareness-creation roles through IPCC. Furthermore, State-actors through COP play critical roles negotiating for polluters pay and emission mitigation (net-zero) systems. Non-State actors, including non-formal groups and individuals, have been particularly critical in the fight for climate justice. Their actions have been through songs and poems, pressured mobilisation through protests, strikes and sloganeering, and litigation. Several challenges hinder the enthronement of climate justice. A successful enthronement of climate justice necessitates cooperation between State and non-State actors; which is the basis of the Marrakech Initiative of 2016.

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Articoli di riviste sul tema "Justice theory"

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