This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.
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This chapter examines some issues that have come to greater attention in more recent decades, with particular emphasis on what it calls ‘oversights’ of justice. It begins by arguing that some of the greatest political philosophers had suffered from ‘oversights’, notably Karl Marx, Mary Wollstonecraft, and John Stuart Mill. It then considers some of these oversights of justice, first by looking at issues of gender equality, then at racial justice, followed by issues of disability and sexual orientation, each from the standpoint of what is known as ‘domestic justice’: justice as it operates within a single state. It also explores questions of global justice, including immigration, and global inequalities of wealth, along with justice to future generations, especially in relation to climate change. These discussions reflect areas of great contemporary concern, both in political philosophy and in real life.
Chapter
This chapter examines some issues that have come to greater attention in more recent decades, with particular emphasis on what it calls ‘oversights’ of justice. It begins by arguing that some of the greatest political philosophers suffered from ‘oversights’, notably Karl Marx, Mary Wollstonecraft, and John Stuart Mill. It then considers some of these oversights of justice, first by looking at issues of gender equality, then at racial justice, followed by issues of disability and sexual orientation, each from the standpoint of what is known as ‘domestic justice’: justice as it operates within a single state. It also explores questions of global justice, including immigration, and global inequalities of wealth, along with justice to future generations, especially in relation to climate change. These discussions reflect areas of great contemporary concern, both in political philosophy and in real life.
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This chapter examines the concept of distributive justice, asking in particular whether citizens should have the liberty to acquire and dispose of property however they see fit, or whether there are justified restrictions on economic activity in the name of liberty or justice. It begins with a discussion of the problem of distributive justice, taking into account a variety of differing opinions on how a liberal society should distribute property, along with the so-called income parade. It then considers property and markets, focusing on John Locke's ideas, and the free market principle. It also explores John Rawls's theory of justice and some of the criticisms levelled against him, including those by Robert Nozick.
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This chapter examines Marxism as a normative political theory. It begins with a discussion of two strands of contemporary analytic Marxism’s critique of, and alternative to, liberal theories of justice. One strand rejects the very idea of justice. According to Marxists, justice seeks to mediate conflicts between individuals, whereas communism overcomes those conflicts, and hence overcomes the need for justice. The second strand shares liberalism’s emphasis on justice, but rejects the liberal belief that justice is compatible with private ownership of the means of production. Within this second strand, there is a division between those who criticize private property on the grounds of exploitation, and those who criticize it on the grounds of alienation. The chapter also explores non-Marxist conceptions of social democracy and social justice before concluding with an overview of the politics of Marxism.
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This concluding chapter draws together some of the themes running throughout this book to address some key issues of justice and the future of global politics. In addition to outlining the concept of global justice, it deals with two contrasting normative approaches to issues in global politics, namely, cosmopolitanism and communitarianism, taking particular note of the debates that emerged in the post-Cold War period and which have been especially important for the analysis of human rights. The chapter looks at how these approaches map onto opposing strands of thought within the English school, namely, solidarism and pluralism. It then moves on to some specific issues in contemporary global politics involving the application of normative theory—citizenship, migration, and refugees. Finally, the chapter considers issues of intergenerational justice with respect to the normative links between past, present, and future and the responsibilities these entail.
Book
Jonathan Wolff
An Introduction to Political Philosophy provides an introduction to the subject, combining clarity and a conversational style with a thought-provoking account of the central questions of the discipline. It explores the subject through a series of enduring and timeless questions, crossing centuries and millennia to consider the most influential answers and demonstrate the relevance of political philosophy for an understanding of contemporary issues. This new edition has been updated to include on-going developments in multiculturalism and global justice, as well as in human rights and deliberative democracy.
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William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton
This chapter evaluates environmental taxes as part of a set of policies to address the threats that climate change poses. These taxes increase the price of activities that are environmentally harmful. In doing so, they discourage such behaviour and raise revenue that the state can use to redress its effects. The chapter embeds these considerations in an account of intergenerational justice, arguing that the current generation has a duty to provide future generations with prospects at least equal to its own. It also examines the objection that the proposed approach allows historical emitters off of the moral hook, showing that the state can adjust environmental taxes to take account of this. Finally, the chapter explores how to amend these taxes so that they are not regressive and that they do not present undue barriers to particularly valuable activities.
Book
Jonathan Wolff
An Introduction to Political Philosophy provides and introduction to the subject, combining clarity and a conversational style with a thought-provoking account of the central questions of the discipline. The text explores the subject through a series of enduring and timeless questions, jumping centuries and millennia to explore the most influential answers and demonstrate the relevance of political philosophy for an understanding of contemporary issues. This new edition has been updated to include the on-going developments in multiculturalism and global justice, as well as in human rights and deliberative democracy.
Book
Stephanie Lawson
Global Politics is an introduction to international relations. It introduces the key theories and concepts underpinning the discipline, providing a foundation for the study of politics on both a personal and global scale, including issues relating to gender, sexuality, and ethnicity, as well as the economy, environment, and concepts of justice. The text presents theories in their historical context, demonstrating how they can evolve over time. Case studies, both contemporary and historical, and biographies of key figures, help bring these issues to life. Additional features, such as key debates and summary questions, provide opportunities to analyse issues from a range of perspectives.
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Martin Innes and Helen Innes
This chapter looks into the work of counterterrorism agencies. It also lists the key roles and responsibilities of military, intelligence, and criminal justice agencies alongside the policy frameworks that shape and structure counterterrorism interventions. The demands of political actors are supplied by counterterrorism strategies. Large-scale, multi-faceted government counterterrorism policies strive to manage the risk, stop support for terrorist motivations, and protect citizens and economic interests. Mapping the changes in the organization of counter-terrorism highlighted how issues of transparency, oversight, and accountability have become increasingly significant. The chapter then examines the ethical and practical dilemmas of counterterrorism that have to be navigated and negotiated.
Chapter
This chapter examines the concept of distributive justice, asking in particular whether citizens should have the liberty to acquire and dispose of property however they see fit, or whether there are justified restrictions on economic activity in the name of liberty or justice. It begins with a discussion of the problem of distributive justice, taking into account a variety of differing opinions on how a liberal society should distribute property, along with the so-called income parade. It then considers property and markets, focusing on John Locke’s ideas, and the free market principle. It also explores John Rawls’s theory of justice and some of the criticisms levelled against him, including those by Robert Nozick.
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This chapter examines the European Union’s (EU’s) policy activity in the area of freedom, security, and justice (AFSJ). Introduced mainly by the Maastricht Treaty of 1992, the AFSJ was initially given the name Justice and Home Affairs (JHA). The AFSJ was greatly enhanced by the Treaty of Lisbon and has matured over time, despite the controversy surrounding the way in which it strikes at national sovereignty. A key characteristic of JHA, later AFSJ, has been the use of differentiated integration. The chapter first provides a historical background on the AFSJ, focusing on the policy dynamics and JHA structures under the Treaty on European Union (TEU) as well as the reforms of the Treaty of Amsterdam. It then considers the AFSJ’s institutional character and policy content, before examining the refugee crisis. It concludes with an assessment of key explanations and debates relating to the AFSJ.
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William Abel, Elizabeth Kahn, Tom Parr, and Andrew Walton
This chapter defends basic income. This policy requires the state to make regular cash payments to each member of society, irrespective of their other income or wealth, or willingness to find employment. It starts by describing three effects of basic income. The first is that it will raise the incomes of the least advantaged. The second is that it will protect against the threats of exploitation and abuse. The third is that it will remove one obstacle to finding employment. The chapter then explains the significance of these effects by drawing on ideas about distributive justice, emphasizing the relevance of John Rawls’s justice as fairness and Elizabeth Anderson’s democratic equality. It also considers the claim that basic income should be rejected because it would require the state to interfere with the lives of those who would be taxed to fund it, arguing that it is a mistake to oppose taxation in such a wholesale way. The chapter concludes with a reflection on the economic sustainability of basic income.
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This chapter examines the notion of liberal equality by considering John Rawls’s alternative to utilitarianism. In his A Theory of Justice, Rawls complains that political theory was caught between two extremes: utilitarianism on the one side, and what he calls ‘intuitionism’ on the other. The chapter presents Rawls’s ideas, first by discussing the two arguments he gives for his answer to the question of justice: the intuitive equality of opportunity argument and the social contract argument. It also analyses Ronald Dworkin’s views on equality of resources, focusing on his theory that involves the use of auctions, insurance schemes, free markets, and taxation. Finally, it explores the politics of liberal equality, arguing that liberals need to think seriously about adopting more radical politics.
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Rex Martin
This chapter examines the main arguments for John Rawls's ideas about justice. Rawls identified two principles as central to political liberalism: the principle of equal basic rights and liberties, and a principle of economic justice, which stresses equality of opportunity, mutual benefit, and egalitarianism. In Rawls's interpretation, these two principles take place ultimately in an ideal arena for decision-making, which he calls the ‘original position’. In time, Rawls became dissatisfied with this approach and began to reconfigure his theory, moving the focus towards a ‘family’ of liberal principles. The chapter begins by discussing Rawls's first and second principles before considering his concept of ‘original position’ as well as his views on overlapping consensus. It concludes with an analysis of the main ideas contained in Rawls's 1999 book, The Law of Peoples.
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Emek M. Uçarer
This chapter examines a European policy, Justice and Home Affairs (JHA), and its transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ, one of the newest additions to the European Union mandate, seeks to engage the EU in the areas of immigration and asylum policy as well as police and judicial cooperation. Cooperation in the AFSJ has evolved into a fully fledged and vibrant EU policy. The chapter first considers the early years of cooperation in the AFSJ and the Schengen Agreement before discussing the procedural steps taken by the Maastricht Treaty (1993), Amsterdam Treaty (1999), and Lisbon Treaty. It then turns to policy output, taking into account the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. It concludes with an overview of various challenges specific to AFSJ cooperation, with a particular focus on the EU’s post-2014 migration crisis. cooperation
Chapter
Emek M. Uçarer
This chapter looks at Justice and Home Affairs (JHA), and its subsequent transformation into the Area of Freedom, Security, and Justice (AFSJ). The AFSJ comprises the policy areas immigration and asylum, and police and judicial cooperation. This chapter focuses on the early years of cooperation in this policy area, providing an introduction to the Schengen Agreement before reviewing the procedural steps taken by the Maastricht Treaty (1993), at Amsterdam (1999), and institutional developments culminating in the Lisbon Treaty. The chapter also concentrates on policy output, looking beyond Maastricht, Amsterdam, and Lisbon, at the Tampere European Council meeting, the Hague Programme, and the Stockholm Programme. The chapter argues that, although some progress has already been made toward Europeanizing AFSJ policy, this field continues to be laced with intergovernmentalism and numerous challenges remain to be resolved, especially in light of broader challenges facing the Union.
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Peter Ferdinand
This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.
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This edition provides an introduction to the major schools of thought that dominate contemporary debates in political philosophy. The focus is on theories which have attracted a certain allegiance, and which offer a more or less comprehensive vision of the ideals of politics. The text examines the notion, advanced by Ronald Dworkin, that every plausible political theory has the same ultimate value, which is equality. It considers another, more abstract and more fundamental, idea of equality in political theory — namely, the idea of treating people ‘as equals’. It also explores what it might mean for libertarianism to have freedom as its foundational value, or for utilitarianism to have utility as its foundational value. Finally, it analyses the relationship between moral and political philosophy and argues that the ultimate test of a theory of justice is that it should be concordant with, and help illuminate, our convictions of justice.
