Constitutive Justice

Both classical and modern accounts of justice largely overlook the question of how the communities within which justice applies are constituted in the first place. This book addresses that problem, arguing that we need to accord a place to the theory of 'constitutive justice' alongside traditional categories of distributive and commutative justice.

Provides the first applications of constitutive criminology, a theoretical framework inspired by postmodernism, to specific areas of criminological practice.

Justice and Power in the Sociolegal Studies asks what interdisciplinary work in the law and society tradition tells us about the relationship of law and justice, as well as the way power operates in and through law. The fundamental concepts of justice and power provide points of departure for leading scholars to explore the various domains of socio-legal research. As they note the explicitness of the engagement with issues of power and the relative silence about -- or indirectness in taking on -- questions of justice found in most law and society research, they ask how engagement with issues of power and silence about justice constituted law and society as a research field caught between a desire to have political impact and, at the same time, to maintain its scientific respectability.

This book explores the foundations and potential of a theory of need-based distributive justice, supported by experimental evidence. The core idea is that need-based distributive justice may have some legitimatory advantages over other important principles of distribution, like equality and equity, and therefore involves less dispute over the distribution and redistribution of scarce resources. In seven chapters, eleven scholars from the fields of philosophy, psychology, sociology, political science and economics outline the normative and positive building blocks of such a theory by critically reviewing the literature on distributive justice from their respective disciplinary perspectives. They address important theoretical and practical issues concerning the rationality of needs identification at the individual level and the recognition of needs at the societal level. They also investigate whether and how the dynamics of distribution procedures that allocate resources according to the need principle leads to social stability, focusing on the economic incentives that arise from need-based redistribution. The final chapter provides a synthesis and outlines a framework for a theory of justice based on ten hypotheses derived from the insights presented.

On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the book a number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.

This book traces the theme of justice throughout the narrative of Exodus in order to explicate how yhwh’s reclamation of Israel for service-worship reveals a distinct theological ethic of justice grounded in yhwh’s character and Israel’s calling within yhwh’s creational agenda. Adopting a synchronic, text-immanent interpretive strategy that focuses on canonical and inner-biblical connections, Nathan Bills identifies two overlapping motifs that illuminate the theme of justice in Exodus. First, Bills considers the importance of Israel’s creation traditions for grounding Exodus’s theology of justice. Reading Exodus against the backdrop of creation theology and as a continuation of the plot of Genesis, Bills shows that the ethical disposition of justice imprinted on Israel in Exodus is an application of yhwh’s creational agenda of justice. Second, Bills identifies an educational agenda woven throughout the text. The narrative gives heightened attention to the way yhwh catechizes Israel in what it means to be the particular beneficiary and creational emissary of yhwh’s justice. These interpretative lenses of creation theology and pedagogy help to explain why Israel’s salvation and shaping embody a programmatic applicability of yhwh’s justice for the wider world. This volume will be of substantial interest to divinity students and religious professionals interested in the themes of exodus, exile, and return.

Does justice require that individuals get what they deserve? Serena Olsaretti brings together new essays by leading moral and political philosophers examining the relation between desert and justice; they also illuminate the nature of distributive justice, and the relationship between desert and other values, such as equality and responsibility.

Winner of the 2014 American Society of International Law Certificate of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars The International Court of Justice (in French, the Cour internationale de justice), also commonly known as the World Court or ICJ, is the oldest, most important and most famous judicial arm of the United Nations. Established by the United Nations Charter in 1945 and based in the Peace Palace in the Hague, the primary function of the Court is to adjudicate in disputes brought before it by states, and to provide authoritative, influential advisory opinions on matters referred to it by various international organisations, agencies and the UN General Assembly. This new work, by a leading academic authority on international law who also appears as an advocate before the Court, examines the Statute of the Court, its procedures, conventions and practices, in a way that will provide invaluable assistance to all international lawyers. The book covers matters such as: the composition of the Court and elections, the office and role of ad hoc judges, the significance of the occasional use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, relationship to the Security Council, applications to intervene, the status of judgments and remedies. Referring to a wealth of primary and secondary sources, this work provides international lawyers with a readable, comprehensive and authoritative work of reference which will greatly enhance understanding and knowledge of the ICJ. The book has been translated and lightly updated from the French original, R Kolb, La Cour international de Justice (Paris, Pedone, 2013), by Alan Perry, Solicitor of the Senior Courts of England and Wales.