Environmental conflicts, environmental justice and valuation

In this article some historical and contemporary environmental conflicts are described. The international environmental liability of mining corporations is discussed. Comparisons are made with conflicts in the United States and in South Africa which fall under the rubric of the Environmental Justice movement. Such conflicts are fought out in many languages, and the economic valuation of damages is only one of such languages. Who has the power to impose particular languages of valuation? Who rules over the ways and means of simplifying complexity, deciding that some points of view are out of order? Who has power to determine which is the bottom-line in an environmental discussion?

Assessment of current anglo-saxon proposals about criminal justice and the justification of legal punishment: Moore, Duff and Finnis on retribution, and the challenging compatibility with the up-and-coming Restorative Justice

Pendent

The Cooperation on Justice and Home Affairs and the Enlargement of the European Union

This working – paper will be focused on three key issues: • How will affect the enlargement to the Justice and Home Affairs Cooperation. Especially, the absortion of Schenguen Agreements and the overall JHA by the candidate countries. • The enlargement impact over the European Immigraton Policy and the specific policies carried out by the EU Member States. The main question is the free movement of persons safeguard, in order to protect external borders of European Union. • An analysis of September, 11 attacks against U.S.A might be necessary to understand the future changes on JHA policy.

Cosmopolitan justice and minority rights: the case of minority nations (or Kant again, but different)

Global Justice has usually been understood to mean institutional and social justice (political and redistributive issues on a global scale). In contrast, issues involving different national and cultural identities, are usually marginal in reflections on global justice. This occurs despite the fact that human rights include political social and cultural rights. This paper links a conception of global justice, moral cosmopolitanism, with plurinational democracies. After giving a brief description of moral cosmopolitanism I go on to analyse notions of cosmopolitanism and patriotism in Kant's work and the political significance that the notion of "unsocial sociability" and the "Ideas of Pure Reason" of Kant's first Critique have for cosmopolitanism. Finally, I analyse the relationship between cosmopolitanism and minority nations based on the preceding sections. I postulate the need for a moral and institutional refinement of democracies and international society that is better able to accommodate national pluralism than has so far been achieved by traditional liberal constitutionalism and cosmopolitanism

Standardized enforcement: Access to justice vs contractual innovation

We model the different ways in which precedents and contract standardization shapethe development of markets and the law. In a setup where more resourceful parties candistort contract enforcement to their advantage, we find that the introduction of astandard contract reduces enforcement distortions relative to precedents, exerting twoeffects: i) it statically expands the volume of trade, but ii) it crowds out the use ofinnovative contracts, hindering contractual innovation. We shed light on the largescale commercial codification occurred in the 19th century in many countries (evenCommon Law ones) during a period of booming commerce and long distance trade.

On the justice of voting systems

What are the best voting systems in terms of utilitarianism? Or in terms of maximin, or maximax? We study these questions for the case of three alternatives and a class of structurally equivalent voting rules. We show that plurality, arguably the most widely used voting system, performs very poorly in terms of remarkable ideals of justice, such as utilitarianism or maximin, and yet is optimal in terms of maximax. Utilitarianism is bestapproached by a voting system converging to the Borda count, while the best way to achieve maximin is by means of a voting system converging to negative voting. We study the robustness of our results across different social cultures, measures of performance, and population sizes.

Intergenerational justice when future worlds are uncertain

Let there be a positive (exogenous) probability that, at each date, the human species will disappear.We postulate an Ethical Observer (EO) who maximizes intertemporal welfare under thisuncertainty, with expected-utility preferences. Various social welfare criteria entail alternativevon Neumann- Morgenstern utility functions for the EO: utilitarian, Rawlsian, and an extensionof the latter that corrects for the size of population. Our analysis covers, first, a cake-eating economy(without production), where the utilitarian and Rawlsian recommend the same allocation.Second, a productive economy with education and capital, where it turns out that the recommendationsof the two EOs are in general different. But when the utilitarian program diverges, thenwe prove it is optimal for the extended Rawlsian to ignore the uncertainty concerning the possibledisappearance of the human species in the future. We conclude by discussing the implicationsfor intergenerational welfare maximization in the presence of global warming.

Standardized enforcement: Access to justice vs. contractual innovation

We model the effect of contract standardization on the development of markets andthe law. In a setting in which biased judges can distort contract enforcement, we findthat the introduction of a standard contract reduces enforcement distortions relative toreliance on precedents, exerting two effects: i) it statically expands the volume of trade,but ii) it crowds out the use of open-ended contracts, hindering legal evolution. We shedlight on the large-scale commercial codification undertaken in the nineteenth centuryin many countries (even common-law ones) during a period of booming commerce andlong-distance trade.

Is Inefficiency under control in the Justice Administration?

Efficiency in the administration of justice is found to increase over time, while the variation in the efficiency of the courts tended to remain low and fall over time. This would appear to be good news, at least for the case studied here: the civil courts of first instance in Spain between 2005 and 2009. Apart from the simple passing of time, the percentage of temporary judges in the system also determines some of the differences in efficiency between courts over time. Thus, we find that the greater the percentage of temporary judges, the lower is the efficiency of the courts. Overall, the average relative efficiency level for the period 2005 to 2009 was 97.46%, suggesting the matter is under control.

e-Justice in Spain

Technology has had a prevalent impact on nearly all social domains, one being the judicial system. Advancements such as computer-generated demonstrations and electronic filing can enhance presentations and give a clearer, well-organized case.E-Justice: Using Information Communication Technologies in the Court System presents the most relevant experiences and best practices concerning the use and impact of ICTs in the courtroom. This groundbreaking title draws upon the leading academic and practicing perspectives from around the globe to provide academics and professionals throughout the legal system with the most comprehensive overview of present developments in e-justice.