Envy, facts and justice: a critique of the treatment of envy in justice as fairness

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. The consequences for Rawlsian theory—both substantive and methodological—are discussed.

Internal doubts about Cohen's Rescue of Justice

G.A. Cohen's Rescuing Justice and Equality is the culmination of twenty years' work on Rawls's theory of justice. In this paper I distinguish three prongs of attack advanced by Cohen, and show how two of the prongs (the claim that egalitarianism includes productive demands and the claim that equality is best understood as 'luck egalitarianism') are incompatible.

Youth justice reform: redressing age discrimination against children?

This article considers whether the system of reprimands and final warnings in the youth justice system in England and Wales constitutes age discrimination for the purposes of human rights law. Whilst much youth justice discourse has addressed the use of diversionary measures that steer children away from formal justice processes, little attention has been paid to measures which negatively discriminate against children, in comparison to adults, without reasonable justification. The discussion contextualizes the issue within discourses on the sociology of childhood and youth justice, and considers why there is a general reluctance to recognize children as ‘victims’ of age discrimination.

Victory, peace, and justice : the neglected trinity

The assumption that the most important aim of war is to create a better peace than existed before the war, i.e. a peace with justice, was self-evident for writers prior to Clausewitz. This does not mean that princes saw this as their priority, but theoreticians did. This changed dramatically with the Napoleonic Wars: Clausewitz initiated an era where writers on strategy paid no heed to what would come after military victory, now seen as the be-all and end-all of war. Terrible consequences flowed from this, and a series of ephemeral victories leading to new wars. It was only around the Second World War, to some in itself the consequence of this obsession with victory and not with peace, that it began to dawn on writers that peace, not military victory must be the ultimate aim to be kept in sight.

Rights, the environment and Part V of the Criminal Justice and Public Order Act 1994

Using figures derived from the UK Home Office, this paper analyses and reviews the impact and deployment of Part V of the Criminal Justice and Public Order Act 1994 since its enactment. This is done with special reference to its impact on citizenship and the regulation of ‘the environment’ and associated rural spaces. It is argued that, notwithstanding the actual use of the public order clauses in Part V of the Act, its underlying meanings are largely of a symbolic nature. Such symbolism is, however, a powerful indication of the defence of particularist constructions of rural space. It can also open out new conditions of possibility, providing a useful ‘oppressed’ status and media spectacle for a range of protesters and activists.

Transitional justice in Nepal: the Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014

The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014 is Nepal’s latest attempt to establish a transitional programme to respond to conflict era abuses. In part, the Act remedies the inadequacies of the 2013 Ordinance. It creates two commissions, on truth and reconciliation and enforced disappearances, makes provision for the establishment of a Special Court to try past abuses and incorporates systems to enable vulnerable witnesses to participate in truth seeking. Yet in a number of respects it continues to fall short of international legal standards, not least in the possibility of amnesty for international crimes and gross violations of human rights. In addition, the relationship between the three mechanisms – truth seeking, amnesty and prosecution – remains unclear and safeguards for individual rights are lacking. This paper explores these recent developments, highlighting issues that must be remedied if transitional justice objectives are to be achieved in Nepal.