Justice, community, and dialogue in international relations

This book is concerned with the issue of cultural diversity and international morality. The author asks whether cultural diversity presents an obstacle to the development of ethical codes which could be acceptable to cultures around the world. He argues that the human capacity to engage in conversation and the ability to understand each other despite linguistic and cultural differences can provide the basis for the development of a world-wide, cosmopolitan moral community. Conversation can be a moral act, in which participants treat each other as equals despite their differences.

The status of child offenders under international criminal justice: lessons from Sierra Leone

This article analyses the status of child offenders under international criminal justice. International criminal proceedings, especially those in the African continent, have recently highlighted the significance of children and young people as perpetrators of genocide, crimes against humanity and war crimes. It has been suggested by one commentator that there exist international prohibitions on the prosecution of children for international crimes. It will be argued here that this claim is not substantiated in respect either of customary or treaty-based international obligations.

Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem

There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

Justice in Medicare : recent changes to the public health care system

This article sets out and examines a number of changes proposed by the Commonwealth Government to the Australian Medicare system as part of the 2003-2004 and 2004-2005 federal budgets, and the 2004 federal election campaign. In assessing the suitability of these reforms, the idea of justice is discussed. Health, as a basic good, is argued to be a matter of distributional and rectificatory justice. A number of popular material principles of justice are also examined and shown to be unsuited as sole determinants of health care resource allocation decisions. In light of this, various problems with the reforms are identified and improvements suggested.

Educational administration and social justice

After observing that texts in educational administration have largely failed to address the problem of the justice and fairness of social and educational arrangements, this article goes on to examine the necessary relationships between ethical leadership, community and the notion of social justice. Such relationships are argued to be necessarily political, although the field of leadership has historically seen administration as a substitute for politics. The relationship between social justice and disadvantage is examined, as are current approaches to community, choice and diversity. The importance of both redistributive and recognitional approaches to social justice is emphasized as a basis for a model of educational administration centred on the problem of the justice and fairness of social and educational arrangements.

Social justice and the study and practice of leadership in education : a feminist history

This historical sociology deconstructs the interrelationship between the theory and practice of the troublesome notions of leadership, social justice and feminism. First, it tracks marginalised groups' relationship to the field of educational administration and their claims upon the state. Mainstream approaches have been informed by theories, practices and politics that do not focus on the core educational work of teaching and learning, therefore sidelining social justice issues. Second, it maps feminist and critical theorists' alternative conceptualisations, for example, of democratic leadership, which dissolve artificial binaries between formal and informal leadership. Finally, it considers what this means for re-theorising leadership for social justice.

Saving human rights from its friends : a critique of the imaginary justice of Costas Douzinas

Costas Douzinas has argued that human rights arise from a universal but unconscious need for recognition of oneself by others as unique and whole. According to Douzinas, humans' activities and interrelationships are determined by their desires and human rights are a manifestation of those same deep characteristics. Because the basic desires are by their nature incapable of being satisfied, the aspiration for human rights is likewise doomed to frustration. Douzinas' analysis of human nature is derived from a reading of Jacques Lacan's theory of psychoanalysis in which an imaginary and a symbolic realm of experience are defined. Douzinas attempts a synthesis between the Lacanian imaginary and the ethical arguments of Emmanuel Levinas. It will be argued here that the synthesis proposed by Douzinas is itself doomed to failure and that Douzinas' negative approach to human rights and to justice should be rejected in favour of a positive approach.

Education for social justice in an uncertain world

There is a broad body of literature that examines the notion of ‘uncertainty’ in education and, indeed, the themes of this 13th international conference on learning acknowledge that the world is in flux. Barnett (2004), in particular, promotes a renewed approach to education — one that he believes transcends the traditional scope of higher education. Barnett notes that higher education has focused traditionally on knowledge, but, in an uncertain world, this is no longer enough. He encourages teachers in higher education to consider reconstructing curriculum and pedagogy so that a focus on knowing and acting is retained but is complemented by a pedagogy that is designed to enhance students' being in the world. This paper focuses on the potential synergies or difficulties that arise from an analysis of the ‘education for uncertainty’ literature and the goals of education for social justice. Does education for being provide greater possibilities for the enhancement of social justice?