Political justice, schooling and issues of group identity

This article explores issues associated with schooling and political justice. Such issues are understood in light of the contention surrounding howWestern schooling contexts might best represent marginalised groups—in ways that accord them a political voice. The significance of group identity politics is explored drawing on international debates associated with ethnically segregated schooling. A postcolonial theorising of group identity highlights the ways in which segregated schooling can both support and undermine politically just representation for marginalised students. This theorising draws attention to the problematic notion of voice in linking representation to identity in reductionist ways. The arguments presented point to the significance of people and their politics, rather than their membership to a particular identity group, in pursuing equity for marginalised groups. The article argues the imperative of understanding group identity as an aspect of negotiated social practice that can be drawn on in strategic and critical ways to address matters of political injustice.

Transitional justice in the judiciary: lessons from the portuguese democratisation

The nature of the Portuguese transition to democracy and the following state crises (1974-1975) created a ‘window of opportunity’ in which the ‘reaction to the past’ was much stronger than in the other Southern or even of Central and Eastern European transitions. In Portugal, initiatives of symbolic rupture with the past began soon after the April 25, 1974, coup d’état and transitional justice policies assumed mainly three formulas. First, the institutional reforms directed primarily to abusive state institutions such as the political police (PIDE-DGS) and political courts (Plenary courts) in order to dismantle the repressive apparatus and prevent further human rights abuses and impunity. Secondly, the criminal prosecutions addressed to perpetrators considered as being the most responsible for repression and abuses. Finally, lustration or political purges (saneamentos, the term used in Portugal to designate political purges) which were, in fact, the most common form of political justice in Portuguese transition to democracy. This paper deals with the peculiarities of transitional justice in Portugal devoting a particular attention to the judicial, a key sector to understand the way the Portuguese dealt with their authoritarian past.

Incentives and Principles for Individuals in Rawls’s Theory of Justice

Philippe van Parijs (2003) has argued that an egalitarian ethos cannot be part of a post- Political Liberalism Rawlsian view of justice, because the demands of political justice are confined to principles for institutions of the basic structure alone. This paper argues, by contrast, that certain principles for individual conduct—including a principle requiring relatively advantaged individuals to sometimes make their economic choices with the aim of maximising the prospects of the least advantaged—are an integral part of a Rawlsian political conception of justice. It concludes that incentive payments will have a clearly limited role in a Rawlsian theory of justice.

Educating for diversity and social justice

Educating for Diversity and Social Justice foregrounds the personal stories of educators who are engaging the space of schooling as a site of possibility for realizing the goals of social justice. It is a book inspired by a vision of education as a practice of freedom where young people – especially those who are marginalized – can learn that they have a voice and the power to change their world for the better. Drawing on the work of US philosopher Nancy Fraser, the book examines issues of justice and schooling in relation to three dimensions: political, cultural and economic. While its focus is on research within three Australian case study schools, the book provides an international perspective of these dimensions of justice in western education contexts as they impact on the schooling performance of marginalized students. Towards greater equity for these students, the book presents a comprehensive scaffold for thinking about and addressing issues of schooling, diversity and social justice. Through practical examples from the case study research, the book illustrates the complexities and possibilities associated with schools providing inclusive environments where marginalized voices are heard (political justice), where marginalized culture is recognized and valued (cultural justice) and where marginalized students are supported to achieve academically towards accessing the material benefits of society (economic justice).

Schooling and social justice through the lenses of Nancy Fraser

This review essay draws on Nancy Fraser's work as featured in Adding insult to injury: Nancy Fraser debates her critics to explore issues of schooling and social justice. The review focuses on the applicability and usefulness of Fraser's three dimensional model for understanding matters of justice in education. It begins with an overview of the principles of economic, cultural and political justice as they are reflected in specific examples of equity and schooling policy and practice.This is followed by (1) a consideration of Fraser's concerns that current forms of identity politics are reifying group identity and displacing matters of distributive justice and (2) with an account of her concerns about the political justice issues of representation and misframing in the contemporary global era. With reference to the sphere of Indigenous education, the review examines some of the problematics involved in pursuing distributive, recognitive and representative justice. Fraser's'status model' is presented as a way through these problematics because it engages with a politics that begins with overcoming status subordination rather than with a politics of group identity. Against this theoretical backdrop, the final section of the review briefly considers some of the future challenges for schooling and social justice.

Schooling for self-determination through a justice politics of Indigenous representation

This paper presents data from a study of secondary school for girls, the majority of whom identify as Indigenous Australian. ‘Gamarada’ High School is located in a suburban area of Queensland (Australia) and was established to provide quality education for disadvantaged girls. The paper draws on student and teacher interview data from a broader study that was concerned with examining how the school addressed the economic, cultural and political dimensions of Indigenous girls’ disadvantage. The focus here is on issues of political justice in relation to Indigenous representation and, more specifically, how such representation at the school supports the key Indigenous equity priority of self-determination. Feminist post-colonial theories are drawn on to argue the importance of educators engaging with a politics of representation that initiates theory from the social location of Indigenous experience, reflects an anti-racist/anti-colonial agenda and recognises and values the central role relationality plays in Indigenous lives.

Schooling and social justice through the lenses of Nancy Fraser

This review essay draws on Nancy Fraser's work as featured in Adding insult to injury: Nancy Fraser debates her critics to explore issues of schooling and social justice. The review focuses on the applicability and usefulness of Fraser's three-dimensional model for understanding matters of justice in education. It begins with an overview of the principles of economic, cultural and political justice as they are reflected in specific examples of equity and schooling policy and practice. This is followed by (1) a consideration of Fraser's concerns that current forms of identity politics are reifying group identity and displacing matters of distributive justice and (2) with an account of her concerns about the political justice issues of representation and misframing in the contemporary global era. With reference to the sphere of Indigenous education, the review examines some of the problematics involved in pursuing distributive, recognitive and representative justice. Fraser's ‘status model’ is presented as a way through these problematics because it engages with a politics that begins with overcoming status subordination rather than with a politics of group identity. Against this theoretical backdrop, the final section of the review briefly considers some of the future challenges for schooling and social justice.

Godwin, Fénelon, and the disappearing teacher

The connection between Godwin and Fénelon has traditionally been restricted to the famous and controversial moment in the first edition of Political Justice (1793) in which Godwin presents an example of the interdependence of rationality and ethical action. This paper argues, however, that Fénelon, and particularly his political and educational treatise Telemachus (1699), plays a significant role in a number of Godwin's subsequent fictional works. Employing Telemachus to explore the theories of education presented by Godwin in the various editions of Political Justice and The Enquirer (1797), this paper explores the manner in which Godwin's version of the Enlightenment transcendence of pedagogical power comes up against its limits. Reading this issue in relation to Godwin's argument, in ‘Of Choice in Reading’, that literature remains outside of socio-ethical corruption, three of Godwin's major novels are shown to demonstrate that Telemachus provides the chance for meta-textual moments in which the appeal to reason (the reader's rational capacity or ‘private judgement’) is at once reflected upon and produced. Reading educational theories and problems into Godwin's major fiction in this fashion helps to clarify aspects of the Godwinian (or ‘Jacobin’) novel.

La amistad cívica en Aristóteles: concordia y fraternidad

El artículo muestra la importancia de la amistad en el contexto de la filosofía política aristotélica. Esta importancia se verifica en su peso específico en comparación con la justicia, puesto que Aristóteles mismo sostiene que la amistad cívica es incluso un objetivo superior al de la búsqueda de la justicia. En concreto, el artículo se centra en la función de la concordia, como tipo especial de amistad cívica, en términos de conservación de la unidad y estabilidad de la polis. Para captar su significación, se plantea el papel de la concordia como complemento a la condición política del ser humano. La concordia es necesaria a la luz de la tendencia a la lucha entre las partes de la ciudad, entre el demos y los oligarcas. Puesto que esta lucha pone en peligro la continuidad de la polis, la concordia entre ciudadanos se convierte en un antecedente privilegiado del principio de fraternidad republicana, el cual todavía no ha gozado de una atención suficiente en el campo de la historia de la filosofía política.

A Justiça como instituição política

Neste estudo, procede-se á análise histórica e comparativa as diferentes teorias de justiça, com especial incidência nas modernas teorias igualitárias, quer das conceções liberais, quer das conceções comunitaristas. Para o efeito a Teoria da justiça de Rawls constitui um “marco” importante, tomando-se para reflexão as críticas e alternativas que posteriormente foram sendo apresentadas na teoria política tendo em conta variáveis como o multiculturalismo e problemas específicos. A conclusão inclinar-se-á para a tese de Amartya Sen e a ênfase dada à igualização das capabilidades, assente na razão deliberativa própria da democracia, bem como a necessidade de tratar problemas locais e específicos sob a perspetiva da justiça política que remete para a problemática do Estado-Providência como garante da distribuição de serviços sociais que permitem alcançar a equidade como objetivo.

Compatir el mal. Sobre la justificación política del mandato de impedir determinados delitos en el derecho penal español

La tesis trata sobre la justificación del mandato de impedir determinados delitos contenido en el artículo 450.1 del CP español. Para ello se utiliza una perspectiva de filosofía política. Se propone una justificación general en términos de justicia política para el derecho penal y una teoría especial para la justificación e interpretación del mandato de impedir determinados delitos: la teoría del rescate.

Shelley, Godwin, and their circle,

"Bibliography," p. 252-254.

Democracy, Crime and Justice. Annals of the American Academy of Political and Social Sciences

As a growing number of nations embark on a path to democracy, criminologists have become increasingly interested and engaged in the challenges, concerns, and questions connecting democracy with both crime and criminal justice. Rising levels of violence and street crime, white collar crime and corruption both in countries where democracy is securely in place and where it is struggling, have fuelled a deepening skepticism as to the capacity of democracy to deliver on its promise of security and justice for all citizens. What role does crime and criminal justice play in the future of democracy and for democratic political development on a global level? The editors of this special volume of The Annals realized the importance of collecting research from a broad spectrum of countries and covering a range of problems that affect citizens, politicians, and criminal justice officials. The articles here represent a solid balance between mature democracies like the U.S. and U.K. as well as emerging democracies around the globe – specifically in Latin America, Africa and Eastern Europe. They are based on large and small cross-national samples, regional comparisons, and case studies. Each contribution addresses a seminal question for the future of democratic political development across the globe. What is the role of criminal justice in the process of building democracy and instilling confidence in its institutions? Is there a role for unions in democratizing police forces? What is the impact of widespread disenfranchisement of felons on democratic citizenship and the life of democratic institutions? Under what circumstances do mature democracies adopt punitive sentencing regimes? Addressing sensitive topics such as relations between police and the Muslim communities of Western Europe in the wake of terrorist attacks, this volume also sheds light on the effects of terrorism on mature democracies under increasing pressure to provide security for their citizens. By taking a broad vantage point, this collection of research delves into complex topics such as the relationship between the process of democratization and violent crime waves; the impact of rising crime rates on newly established as well as secure democracies; how crime may endanger the transition to democracy; and how existing practices of criminal justice in mature democracies affect their core values and institutions. The collection of these insightful articles not only begins to fill a gap in criminological research but also addresses issues of critical interest to political scientists as well as other social and behavioral scientists and scholars. Taking a fresh approach to the intersection of crime, criminal justice, and democracy, this volume of The Annals is a must-read for criminologists and political scientists and provides a solid foundation for further interdisciplinary research.