Ideals Of Justice Research Articles

Schools, Justice, and Immigrant Students: Assimilation, Race, Ethnicity, Gender, and Perceptions of Fairness and Order

Background/ContextStudents’ perceptions of justice, fairness, and order within their schools are arguably key building blocks of socialization to participation within a democratic society. The ideals of justice, fairness, and order within their schools are particularly imperative because the educational system is founded on a belief of democracy and meritocracy. It is also known that students’ perceptions of school justice can vary by race, ethnicity, and gender. What remains uncertain is how the fastest growing segment of the United States, students in immigrant families, perceive the school justice, fairness, and order within their school.PurposeThe aim of this study is to explore if straight-line assimilation, segmented assimilation, and immigrant optimism hypotheses explain the relationships between schools, justice, and immigration, as well as the potential role of gender, race, and ethnicity in immigrant youth perceptions of justice, fairness, and order.Participants/SubjectsThis study utilizes the Education Longitudinal Study of 2002 (ELS), a nationally representative sample of high school sophomores.Research DesignThis study's research design includes statistical analysis of secondary data.Findings/ResultsFindings do suggest that the students’ perceptions of justice, fairness, and order are indeed moderated by immigrant generation, race, ethnicity, and gender.Conclusions/RecommendationsEducators and educational researchers who are seeking to better understand the schooling experiences of immigrant youth might benefit from questioning assimilation and Americanization as processes that inevitably promote educational progress. Given that immigrant youth are and have historically been marginalized within U.S. schools, it appears that socialization, Americanization, gender, and immigrant generational status are germane to creating democratic education for all students. Attentiveness to democratic school justice, order, and fairness is, therefore, imperative.

Supplemental Material for Extending the Multifoci Perspective: The Role of Supervisor Justice and Moral Identity in the Relationship Between Customer Justice and Customer-Directed Sabotage

Supplemental Material for Extending the Multifoci Perspective: The Role of Supervisor Justice and Moral Identity in the Relationship Between Customer Justice and Customer-Directed Sabotage

Corporate takeover? Ideological heterogeneity, individualization, and materiality in the corporatization of three environment-related movements

We examine how corporate interests came to largely dominate fields initiated by organic agriculture, recycling, and breast cancer movements. While expanding the field and increasing participation, corporatization is typically associated with a weakening of social and environmental justice ideals. Drawing on secondary sources, we show how ideological heterogeneity, a focus on individualism, and a materiality that allows for technological solutions create susceptibility to corporatization. We speculate whether some environmental movements may be particularly at risk because they deal with non-human elements (e.g., land, water, chemicals, etc.) and because they are linked with science and technology.

The Money Problem: Reparation and Restorative Justice in the Catholic Church's Towards Healing Program

Towards Healing is a restorative justice program for addressing complaints of sexual and other child abuse committed by clergy and other members of the Catholic Church. The program is upheld by the Church as leading the world in providing restorative and therapeutic justice. This article examines Towards Healing from the perspective of restorative justice standards and questions the potential for restorative justice to function in regard to Catholic clerical child sexual abuse in Australia, where civil justice is stymied in this context. A key argument of this article is that Towards Healing operates on a less-than voluntary basis in this environment and fails to maintain the basic principles of restorative justice focused on the needs and experiences of victims. The article concludes that the Catholic Church's use of reparations to resolve liability in Towards Healing is incompatible with restorative justice ideals and best practice.

Decomposing Rawls’s Philosophy of Justice with Foucault’s Discipline and Punish by way of a Transmutation of Hegel’s Master-Slave Dialectic in the Phenomenology of Spirit

Decomposing Rawls’s Philosophy of Justice with Foucault’s Discipline and Punish by way of a Transmutation of Hegel’s Master-Slave Dialectic in the Phenomenology of Spirit Rajesh Sampath Abstract This paper deconstructs Rawls’s philosophy of justice by appropriating certain theoretical views of power and domination advanced by Foucault’s work, particularly in Discipline and Punish. It attempts to show that the enclosed world of the prison may not differ so much from external normalization processes in a free society that tend to produce a servile consciousness to unquestioned laws and policies. Hegel’s master-slave dialectic is appropriated to advance this argument. The paper concludes with certain reflections on how Marx’s theory of the alienation of labor, monastic asceticism and religious self-examination and Foucault’s theory of the moral reform of prisoners - as an insidious form of domination - compare and contrast in various ways to disclose certain limits to the pursuit of ideal justice in a free society. Full Text: PDF DOI: 10.15640/jssw.v3n1a5

Nonideal theory and compliance—A clarification

This paper examines the various ways in which nonideal theory responds to noncompliance with ideal principles of justice. Taking Rawls’ definition of nonideal theory as my point of departure, I propose an understanding of this concept as comprising two subparts: Complementary nonideal theory responds to deliberate and avoidable noncompliance and consists mainly of theories of civil disobedience, rebellion, and retribution. Substitutive nonideal theory responds to nondeliberate and unavoidable noncompliance and consists mainly of theories of transition and caretaking. I further argue that a special case of substitutive nonideal theory may arise when noncompliance is a result of a lack of motivation among citizens. This situation, I suggest, calls for nonideal theorizing (1) when our aim is to evaluate the political actions undertaken by specific members of a society (in particular the ruling elite) whose set of feasible options is constrained as a result of others’ lack of motivation and (2) when a situation of mutually reinforcing distrust and noncooperation—sometimes called a “social trap”—constrains the feasible option set of the entire population. The main advantage of the twofold conceptualization of nonideal theory is that it bridges the theoretical gap between actor-oriented and situation-based accounts of justice: It allows us to preserve the term ideal justice for justice under minimal feasibility constraints, while recognizing that a situation where all agents comply with their duties must in some sense be characterized as just.

The role of the Kantian imagination in realization-focused comparison

In this article I review Amaryta Sen’s powerful critique of transcendental institutionalism and his own ‘realization-focused comparison’ as an alternative way to think about justice. While deeply sympathetic with his critique of John Rawls I also argue that the role of the Kantian imagination is extremely important in figuring ideals of justice, which must guide ‘realization-focused comparison’. To do so I turn to Kant’s Critique of Judgment and his development of what he calls ‘aesthetic ideas’ as ways of representing the great ideals such as freedom and equality, which can be aesthetically represented but never fully known.

Jack P. Greene. Evaluating Empire and Confronting Colonialism in Eighteenth-Century Britain.

Jack P. Greene's Evaluating Empire and Confronting Colonialism in Eighteenth-Century Britain is a wide-ranging and deeply researched investigation of British thought on and about empire in the period from about 1730 to 1790. During these years, Greene argues, British attitudes toward empire shifted away from a less critical posture that accepted overseas imperialism as economically and strategically beneficial to the domestic center. Particularly in the period after the Seven Years' War, he suggests, British attitudes toward empire became more fraught, including both pro- and anti-imperial positions on Britain's growing global empire. The book is framed around eight chapters that are joined by a preface, a prologue, and an epilogue. These chapters offer the reader a glimpse of Britain's empire in such locations as the Caribbean, North America, India, and Ireland. The Atlantic slave trade is highlighted as well. As eighteenth-century Britons tried to make sense of their global imperial enterprise, Greene argues, they made use of a language of alterity that was matched by a growing focus on the notion that ideals of justice and humanity ought to be the rubric by which the British imperial project would be measured. Though many in Britain had found room to praise the commercial advantages of global empire in the first years of the eighteenth century, a growing number of Britons came to question whether commercial benefits were worth the moral costs. As imperial figures like the creole and the nabob became more and more central to metropolitan conversations about colonial alterity, the price of empire became increasingly apparent.

Authority, justice, and public law: A unified theory

In articulating the juridical relationship between the individual and the state, a theory of public law must confront a fundamental problem. The practice of public law involves appeals to ideas of both authority and justice, but these ideas appear to be antagonistic rather than complementary. On the one hand, persons must act in conformity with legal obligations enacted through the contingent exercise of public authority. On the other, persons must act in conformity with timeless ideals of public justice. The theoretical puzzle at the core of public law stems from the incompatibility of these convictions. Because enacted laws are often unjust and just laws are rarely enacted, persons often find themselves simultaneously pulled in one direction by the demands of public authority and pulled in another by the demands of public justice. To escape this tension, the leading theories invariably fragment their subject matter by reducing the whole of public law to one of its aspects, authority in abstraction from justice or justice in abstraction from authority. This article formulates a unified theory of public law that integrates the distinctive claims of authority and justice into a common framework. My central claim is that once authority and justice are appropriately conceived and justified, they are neither antithetical virtues of opposing theoretical frameworks nor isolated notions. Instead, authority and justice are the mutually implicating principles of a legal system: the right of rulers to exercise public authority is always accompanied by a duty to govern justly; the right of the ruled to just governance presupposes the presence of publicly authoritative institutions. The unified theory of public law thereby articulates a common moral standpoint from which the distinctive claims of authority and justice may each be given their due.

‘Soldiers of Christ arise’: Religious Nationalism in the East Midlands during World War I

A notable feature of the war was the alacrity with which the vast majority of the population became supportive of Britain’s engagement in the conflict. Most church leaders acted similarly and the Church played an important role in promoting the moral case for the declaration of war. A primary cause was the belief that Britain, whose political and ecclesiastical leaders were all children of Victorian self-confidence and optimism, had a special role in God’s purposes for humanity. Once war was declared, this led to Britain being seen as the new Israel, with God indubitably on her side. Physical and spiritual war were conflated, and the singing of ‘Soldiers of Christ, arise’ and similar hymns reflected this. As the number of casualties grew, the identification of the conflict as a ‘Holy War’ was exemplified by the representation of the fallen as martyrs. The Edwardian ideals of chivalry, fair-play, justice, and sacrifice which undergirded support for the conflict all had a Christian ethical basis. Drawing largely on primary sources from the counties of Nottinghamshire and Derbyshire, it is shown that the nationalism of the First World War cannot properly be understood without taking very seriously its religious dimension.

Perceiving the Social Body

This essay develops the concept of the “social body” as a metaphorical representation of hierarchical relationships in Thailand, as well as the physical embodiment of social, religious, and political structures. To do so, I trace the symbolic coordinates of groups that correspond to conceptions of individual bodies, along with the habituated means of perceiving as part of a collective. I argue that conventional Thai social interactions involve active attention to and care of the “social body,” in which differential roles are necessary for group functioning. Ethnographic descriptions of social interactions in public and semi-private arenas depict the spontaneous and embodied root of moral action in these contexts. The values thus enacted, however, challenge normative ideals of distributive justice and open up questions about “care” for a social body that validates unequal power and resource distribution.

Justice in Indonesia: The Social Life of a Momentous Concept

In this article we argue that efforts in Indonesia to improve access to justice for the disadvantaged would greatly benefit from a pragmatic approach that takes local circumstances of custom, values and social relations into account at least as much as legal reform and bureaucratic transparency. We maintain that in post-Suharto Indonesia ‘justice’ can be conceptualised as the inverse of injustice and is manifested in terms of sovereign interests. Ideal justice, such as associated with rule of law implementing programs, assumes a functioning of government and judiciary that might bring about such results. Building on our own research as well as on the articles in this special issue we argue that engaging with the role and meaning of justice should involve solid ethnography of justice-seekers' life-worlds, understanding of the strategies and institutions that provide justice, and paying attention to the networks and interactions that connect actors in an ever moving field.

JEJAK INTEGRASI INDONESIA DARI KILOMETER NOL: MELACAK AKAR BUDAYA NASIONAL BANGSA

The founders of the Indonesian people are well aware that the nations of Indonesia was built based on common history, common struggle, as well as the ideals of equality, freedom, security, justice and prosperity in the Republic of Indonesia, which is based on Pancasila and the 1945 Constitution. In this context, the spirit of nationalism respects diversity, pluralism and diversity. In the globalization era, integration of the nation has faced challenges, because the dynamics of the development of the strategic environment has brought a new feel to the levels of interaction, interrelation and interdependence of society, nation and state. Another contributing factor is the shift value between the original nationalism is more oriented to political values and geo-political to the economic value and geo-economics. This value shift from the originally oriented to the importance of unity and unity to form a strong community of nations, be oriented to the accessibility of professionalism to improve the welfare and security for the sake of survival. In this position, the connection to the level of national unity outweighed by the benefit of a more personal nature.
 
 Kata Kunci: Jejak-Integrasi-Indonesia

Permeating the social justice ideals of equality and equity within the context of Early Years: challenges for leadership in multi-cultural and mono-cultural primary schools

This paper explores the ideology of social justice through links between equality and equity within Early Years and what remain the challenges for leadership. Questionnaires and interviews in English multi-cultural and mono-cultural schools with Early Years age phases were conducted. The findings showed that the ideology of social justice, equality and equity was interpreted differently in each Early Years setting. The multi-cultural schools used a variety of activities to embed social justice principles that involved their diverse communities more to enrich the curriculum in contrast to the mono-cultural schools. In mono-cultural schools however, leadership had to be more creative in promoting equality and equity, given the smaller proportion of their diverse pupil and staff population. Our conclusions suggest that most schools are struggling initially with implementing the current changes in Early Years, therefore their vision for permeating this curriculum with an equality and equity focus is at the early stages.

First steps toward a nonideal theory of justice

Theorists have long debated whether John Rawls’ conception of justice as fairness can be extended to nonideal (i.e. unjust) social and political conditions, and if so, what the proper way of extending it is. This paper argues that in order to properly extend justice as fairness to nonideal conditions, Rawls’ most famous innovation—the original position—must be reconceived in the form of a ‘nonideal original position’. I begin by providing a new analysis of the ideal/nonideal theory distinction within Rawls’ theoretical framework. I then systematically construct a nonideal original position, showing that although its parties must have Rawls’ principles of ideal justice and priority relations as background aims, the parties should be entirely free to weigh those aims against whatever burdens and benefits they might face under nonideal conditions. Next, I show that the parties ought to aim to secure for themselves a special class of nonideal primary goods: all-purpose goods similar to Rawls’ original primary goods, but which in this case are all-purpose goods individuals might use to (a) promote Rawlsian ideals under nonideal conditions, (b) weigh Rawls’ principles of ideal justice and priority relations against whatever burdens and benefits they might face under nonideal conditions, and (c) effectively pursue their most favored weighting thereof. Finally, I defend a provisional list of nonideal primary goods, and briefly speculate on how the parties to the nonideal original position might deliberate to principles of nonideal justice for distributing them.

‘We haven’t done enough for White working-class children’: issues of distributive justice and ethnic identity politics

This article explores the politically contentious issue of White working-class student under-achievement within one particular school – a large and culturally diverse comprehensive secondary school in the greater London area. The article examines the equity philosophies and identity politics articulated by staff in their understanding of and approach to this under-achievement. It challenges the distributive logic and group identity politics that simplify, dislocate and distort equity issues. The article provides an illustration and theorising of remedies that offer potential in raising the educational performance of White working-class students – remedies not based on ethnic identity but rather on destabilizing the patterns of economic distribution and social disengagement that compromise these students’ schooling attainment.

Education, skills and citizenship: an emergent model for entrepreneurship in Tanzania

Educating for citizenship is most often associated with a discourse of liberalism in which knowledge, skills and values of equality, rights, justice and national identity are taught. A competing neoliberal discourse with values of self-improvement, responsibility and entrepreneurialism is now quite pervasive in educational policies and practices, shifting goals and processes of education for citizenship. In Tanzania, neoliberalism's influence is evident in the private provision of schooling and pedagogy and curriculum oriented toward skills development. Neoliberal policies have created an opening for non-governmental organisations (NGOs) to fill a need by providing secondary education as well as technical and entrepreneurial skills in efforts to make graduates more employable. This paper examines how an NGO entrepreneurship education programme integrated into formal secondary education in Tanzania articulates new goals and values of citizenship. In this model, learning is tied to markets; becoming a successful citizen includes acquiring business skills; and citizenship values include economic sustainability and self-reliance. This model of entrepreneurship education produces a paradox in educational goals for citizenship in that it aims to secure rights to education and provide for material needs while it also subjects young people and schools to economic and social risks tied to flexible and unstable markets.

Doing Disability Justice

Doing Disability Justice

To “Dance with Lost Souls”: Liu Xiaobo, Charter 08, and the Contested Rhetorics of Democracy and Human Rights in China

Abstract This essay addresses China's Nobel Peace Prize-winning and now imprisoned dissident, Liu Xiaobo, and his movement-launching manifesto, Charter 08, as test cases of the fate of democracy in China. By examining how the Chinese Communist Party attacked Liu and how international nongovernmental organizations and political allies rallied to his cause, the essay probes the limits of human rights discourse in an age of globalization, wherein transnational ideals of justice crash into nation states committed to local rather than global forms of governance. Such rhetorical concerns are tempered by China's increasing dominance of global markets, meaning this essay also studies the complicated relationships among local activists, international justice movements, and neoliberal capitalism. The essay therefore maps how China marshals the rhetoric of globalization to enter new markets even as it deploys the rhetoric of nationalism to block foreign influence. Nonetheless, Charter 08's prophetic rhetoric and Liu's heroic charisma have struck a chord internationally, thus opening a new chapter in the movement to call upon globalizing human rights in the name of building democracy in China.

An Ethics of Propriety: Ritual, Roles, and Dependence in Early Confucianism

This study examines the normative foundations of early Confucian ethics and suggests that rather than attempting to understand Confucian ethics in the language of ‘morality’ a more productive way would be to appreciate Confucianism as an ethics of propriety that can be articulated in terms of social roles, ritual decorum, and relational dependence. I argue that Western notions of ‘morality’ betray a thicker, more culturally loaded concept that possesses a limited utility in regard to comparative study. We can appeal to a kind of methodological charity where we not only maximize the sense of the text or subject's sayings but also privilege the categories of thought that are native to the text's or speaker's lexicon. With this in mind, we can understand Confucian ethics as an ethics of propriety that departs substantially from Western moral systems, including virtue ethics, and challenges our received views on justice, autonomy, and personal identity.