Corrective Justice vs. Social Justice in the Aftermath of War

How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from a liberal Rawlsian conception of the relationship between corrective and social justice, it is argued that, paradoxically, the more destructive a war is, the less normative force corrective rights have and the higher priority policies of social justice, which guarantee basic rights to all citizens, should have.

Social justice in education : how the function of selection in educational institutions predicts support for (non)egalitarian assessment practices

Educational institutions are considered a keystone for the establishment of a meritocratic society. They supposedly serve two functions: an educational function that promotes learning for all, and a selection function that sorts individuals into different programs, and ultimately social positions, based on individual merit. We study how the function of selection relates to support for assessment practices known to harm vs. benefit lower status students, through the perceived justice principles underlying these practices. We study two assessment practices: normative assessment-focused on ranking and social comparison, known to hinder the success of lower status students-and formative assessment-focused on learning and improvement, known to benefit lower status students. Normative assessment is usually perceived as relying on an equity principle, with rewards being allocated based on merit and should thus appear as positively associated with the function of selection. Formative assessment is usually perceived as relying on corrective justice that aims to ensure equality of outcomes by considering students' needs, which makes it less suitable for the function of selection. A questionnaire measuring these constructs was administered to university students. Results showed that believing that education is intended to select the best students positively predicts support for normative assessment, through increased perception of its reliance on equity, and negatively predicts support for formative assessment, through reduced perception of its ability to establish corrective justice. This study suggests that the belief in the function of selection as inherent to educational institutions can contribute to the reproduction of social inequalities by preventing change from assessment practices known to disadvantage lowerstatus student, namely normative assessment, to more favorable practices, namely formative assessment, and by promoting matching beliefs in justice principles.

Dilemmas in Regards to the Restitution of Lands in Colombia

The text argues that, even if different sectors of society have some strategic points of agreement on the issue of land, which converge on the specific issue of restitution, they strongly disagree on various other points. On one side are some who advocate “pure restitution” and consequently support a restitution policy that focuses on correcting the illegal dispossession and clarifying land titles and individual rights to property, which would serve to boost the land market and allow for rural development policies that modernize agricultural production, fundamentally based on large, corporate ownership. On the other end of the spectrum are advocates of what we call “comprehensive restitution,” who promote adopting a restitution policy that meets the requirements not only of corrective justice but also of recognition and redistribution, advancing the interest of peasant, indigenous, and afro-Colombian communities.

When consent doesn't work: a rights-based case for limits to consent’s capacity to legitimise

Consent's capacity to legitimise actions and claims is limited by conditions such as coercion, which render consent ineffective. A better understanding of the limits to consent's capacity to legitimise can shed light on a variety of applied debates, in political philosophy, bioethics, economics and law. I show that traditional paternalist explanations for limits to consent's capacity to legitimise cannot explain the central intuition that consent is often rendered ineffective when brought about by a rights violation or threatened rights violation. I argue that this intuition is an expression of the same principles of corrective justice that underlie norms of compensation and rectification. I show how these principles can explain and clarify core intuitions about conditions which render consent ineffective, including those concerned with the consenting agent's option set, his mental competence, and available information.

Contribuição ao estudo da isonomia na tributação sob a perspectiva da ordem econômica

The study aims to investigate the limits of state intervention via induction on Economic Order, especially in cases regarding tax equality, through the analysis of their effects on economic development and on free competition from the perspective of economic efficiency and the Constitution. Thus, the work seeks to demonstrate that the achievement of equality in taxation is important in that it strengthens the economic relations in terms of efficiency, protects competition and fosters economic development to reduce regional and social inequalities and other constitutional desiderata. A dissertation is characterized by interdisciplinarity and was divided into two parts. The first is to discuss the legal meaning of equality from the doctrinal analysis of the principle and the relationship between equality and justice in the economic sense without rejecting its philosophical content. It is noteworthy that hermeneutics and the philosophy of language are useful tools for achieving equality in presenting the pragmatic methodologies applicable to the subject in terms of corrective justice. Based on these general assumptions, is going to study the tax equality and their characteristics, the corollary of the ability to pay and its relation to the economic capacity and the issue of progressivity in taxation as an ideal of distributive justice. The second part concerns the legal foundations of Economic Order and its relation to extrafiscality as a means of economic regulation in order to investigate the efficiency of this induction in order to promote economic development, free competition and tax equality itself to reduce inequalities and distributing wealth. Within this context, we investigated the scope of the constitutional principles of economic order, free enterprise and free competition, and favored differential treatment for small and medium enterprises, the issue of regional development for the reduction of regional and social inequalities, the problem the "fiscal war" and finally the efficiency from the perspective of Economic Analysis of Law

¿Más allá de la justicia correctiva?: potencialidades de la restitución de tierras en la superación de los conflictos armados

La restitución de tierras, como instrumento de reparación enel contexto de la justicia transicional, cuenta con importantesherramientas para lograr una acción articulada con los objetivosde justicia social agraria, propios del derecho constitucional ydel derecho internacional de los derechos humanos. Los retosque se derivan de su implementación en escenarios donde elconflicto ha sido originado en buena medida por las desigualdadessociales justifican esta articulación y evidencian su necesidad.La explicitación y la identificación analítica de estos puntos deencuentro son el objeto de este artículo; el referente teóricogira entorno a la potencialidad de la justicia correctiva en lacontribución a la consecución de la justicia social o redistributiva

Characterization and application of the solid waste generated in the production of calcium carbonate precipitate as a corrective for the soil acidity

The calcium carbonate industry generates solid waste products which, because of their high alkaline content (CaO, CaCO(3) and Ca (OH)(2)), have a substantial impact on the environment. The objectives of this study are to characterize and classify the solid waste products, which are generated during the hydration process of the calcium carbonate industry, according to ABNT`s NBR 10.000 series, and to determine the potential and efficiency of using these solid residues to correct soil acidity. Initially, the studied residue was submitted to gross mass, leaching, solubility, pH. X-ray Diffractometry, Inductive Coupled Plasma - Atomic Emission Spectrometry (ICP-AES), granularity and humidity analyses. The potential and efficiency of the residue for correcting soil acidity was determined by analysis of the quality attributes for soil correctives (PN, PRNT, Ca and Mg contents, granularity). Consequently, the results show that the studied residue may be used as a soil acidity corrective, considering that a typical corrective compound is recommended for each different type of soil. Additionally, the product must be further treated (dried and ground) to suit the specific requirements of the consumer market.

Effects of the preventive and corrective adjustments in economical designs for online process control for attributes with misclassification errors

The procedure for online process control by attributes consists of inspecting a single item at every m produced items. It is decided on the basis of the inspection result whether the process is in-control (the conforming fraction is stable) or out-of-control (the conforming fraction is decreased, for example). Most articles about online process control have cited the stoppage of the production process for an adjustment when the inspected item is non-conforming (then the production is restarted in-control, here denominated as corrective adjustment). Moreover, the articles related to this subject do not present semi-economical designs (which may yield high quantities of non-conforming items), as they do not include a policy of preventive adjustments (in such case no item is inspected), which can be more economical, mainly if the inspected item can be misclassified. In this article, the possibility of preventive or corrective adjustments in the process is decided at every m produced item. If a preventive adjustment is decided upon, then no item is inspected. On the contrary, the m-th item is inspected; if it conforms, the production goes on, otherwise, an adjustment takes place and the process restarts in-control. This approach is economically feasible for some practical situations and the parameters of the proposed procedure are determined minimizing an average cost function subject to some statistical restrictions (for example, to assure a minimal levelfixed in advanceof conforming items in the production process). Numerical examples illustrate the proposal.

Management Innovation at the Brazilian Superior Tribunal of Justice

We describe administrative reform involving management innovation undertaken at the Superior Tribunal of Justice, Brazil`s highest appellate court for infra-constitutional cases. The innovation is the introduction of a new management model based on strategic planning and a process management approach to work processes. Introduction of the new model has been supported by the use of information technology and project management techniques. Qualitative methods were used for data collection and analysis. Findings reveal that the innovation is contributing to the development of a systemic overview of key processes, reducing the fragmenting effects of the division of work activities within the Tribunal. At least three new organizational routines or capabilities have been developed as a result of the innovation studied: Electronic Court Management, Project Management, and Process Management. The paper contributes to knowledge about court management, a field that has received little research attention in the public administration literature.

Doing Courts Justice? Studying Judicial Politics in Latin America

The past decade has brought an unprecedented boom in the study of courts as political actors in Latin America. We examine the extraordinary diversity of academic research on judicial politics in the region, identifying the key questions, findings, and theoretical debates in the literature, highlighting important conceptual disjunctions, and critiquing the research methods scholars of judicial politics in Latin America have employed in their work. We close by suggesting new avenues of inquiry to help advance the collective effort to understand the roles courts play in Latin American politics.

Competing notions of social justice and contradictions in special education reform

In the past three decades, special education has been subjected to extensive critique and reform of practices. These critiques have been based on notions of social justice and equity. However, the field has suffered from inadequate attention to assumptions about social justice. Social justice is essentially a contested concept. Rather than representing a unitary and universally shared concept, social justice has variable meanings. Differing views of social justice can be seen to underlie apparent contradictions in continuing practice in response to pressures for reform. Reforms predicated on individual rights have been undermined by deep commitments to meritocratic practices in U.S. schools. Reforms based on more communitarian principles, however, ignore the need for structure and the tendency for communal values to marginalize people with disabilities. Special education reform today requires a different basis in a relational definition of the self, structures to support the qualities of relationships, and a belief in the mutability of social justice.