A just culture : restoring justice towards a culture of human rights
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
- Full Text:
- Date Issued: 2005
- Authors: McConnell, Jesse
- Date: 2005
- Subjects: South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2860 , http://hdl.handle.net/10962/d1007594 , South Africa. Truth and Reconciliation Commission , Reconciliation , Restorative justice , Justice , Human rights , South Africa -- Politics and government -- 20th century
- Description: This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
- Full Text:
- Date Issued: 2005
Equality, resources and primary goods: Ronald Dworkin and John Rawls on the currency of egalitarianism
- Authors: May, Simon James Peter
- Date: 1996
- Subjects: Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2714 , http://hdl.handle.net/10962/d1002844 , Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Description: In this thesis I compare the work of Ronald Dworkin and John Rawls within the context of the 'equality of what?' debate. I argue that the Rawlsian paradigm offers a much more flexible defence of a resourcist approach to egalitarianism than Dworkin's theoI)' of' equality of resources'. I argue that Dworkin's fundamental distinction between persons and circumstances is flawed because it involves commitment to a view of the person which belongs in the realm of' comprehensive moral doctrines', rather than in the realm of a political theory of justice. I also argue that an alternative distinction between choice and luck, expressed in the 'luck-neutralising aim' of egalitarianism, is inappropriate since it too involves transgressing political constraints on theories of justice. Rawls's utilisation of primary goods in his theory of justice is supported by considerations derived from the work of Thomas Scanlon. The schematic picture of relative urgency which Scanlon advances provides the rationale for the use of primary goods, and also allows us to discriminate . between compensation for handicaps and compensation for expensive tastes. Scanlon's schematic picture also frees the utilisation of primary goods from criticisms raised by Amartya Sen. Lastly, I discuss arguments advanced by Susan Hurley which enable an interpretation of Rawls's original position device which is independent of the luck-neutralising aim. Her arguments are extended as a criticism of Dworkin's hypothetical insurance market.
- Full Text:
- Date Issued: 1996
- Authors: May, Simon James Peter
- Date: 1996
- Subjects: Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2714 , http://hdl.handle.net/10962/d1002844 , Rawls, John, 1921-2002 , Dworkin, R M , Law -- Philosophy , Law -- Political apsects , Equality , Justice , Jurisprudence
- Description: In this thesis I compare the work of Ronald Dworkin and John Rawls within the context of the 'equality of what?' debate. I argue that the Rawlsian paradigm offers a much more flexible defence of a resourcist approach to egalitarianism than Dworkin's theoI)' of' equality of resources'. I argue that Dworkin's fundamental distinction between persons and circumstances is flawed because it involves commitment to a view of the person which belongs in the realm of' comprehensive moral doctrines', rather than in the realm of a political theory of justice. I also argue that an alternative distinction between choice and luck, expressed in the 'luck-neutralising aim' of egalitarianism, is inappropriate since it too involves transgressing political constraints on theories of justice. Rawls's utilisation of primary goods in his theory of justice is supported by considerations derived from the work of Thomas Scanlon. The schematic picture of relative urgency which Scanlon advances provides the rationale for the use of primary goods, and also allows us to discriminate . between compensation for handicaps and compensation for expensive tastes. Scanlon's schematic picture also frees the utilisation of primary goods from criticisms raised by Amartya Sen. Lastly, I discuss arguments advanced by Susan Hurley which enable an interpretation of Rawls's original position device which is independent of the luck-neutralising aim. Her arguments are extended as a criticism of Dworkin's hypothetical insurance market.
- Full Text:
- Date Issued: 1996
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