Abstract This paper examines some of the current literature on the subject of ?economicjustice? to look at both sides of the picture, identifies a few major issues, and draws conclusions from the review. It explains that if we look at the economic conditions in the present day world we would find that we are further from the ideal of economicjustice than ever before. It shows how this is reflected in the rising inequality between the rich and the poor, both at the intra-country and inter-country levels ,and the crippling debt of the under-developed countries.
From the Paper "Reflecting the intellectual divide on most political and economic issues, there are basically two diametrically opposite views on the subject of economic justice. This is not necessarily a bad thing as it enables one to examine alternate opinions, but it does have the drawback of creating confusion?it becomes hard to decipher fact from fiction as the opposing schools of thought tend to "bend" arguments to suit their view-points. In any case, the rightist/ neo-liberal point of view holds that the present economic world order (represented by globalization and laissez faire economy, supported by the Bretton Wood institutions) is the path leading to global economic salvation. The leftist or alternate point of view propagates that the present economic order is promoting growing inequality between the rich and the poor and is the antithesis of ?economic justice.?"
Tags: bretton, wood, globalization, poor, debt, third, world
Abstract The paper questions what role economicjustice and financial responsibility have in today's world and defines the scope of this issue. The paper explores the norms, principles and guidelines that apply to the situation and provides an analysis of a morally appropriate outcome. The paper concludes with a discussion of the role of moral agency, conscience and freedom on reaching a resolution to this complex question.
Outline:
Introduction
Defining the Scope and Impact of the Question
Moral Methodology for Approaching Solution
Analysis and Discussion
Conclusion
From the Paper "In today's economically driven world where the placement of focus and personal achievement is determined by the size of one's bank account or net worth, churches and theologians have had to come to issue with how one can balance a traditionally moral life in today's often immoral world. Out of this struggle arose the theories of economic justice and financial responsibility. The essence of these combinations is to bring traditional moral values into economics, thus allowing one to live a moral life through the proper use of their wealth."
Abstract This paper examines the quest for African-American civil rights as a movement for economicjustice and opportunity as well. Several African-American philosophers' ideas are illustrated to show different outlooks on economic opportunity and prosperity in the US. Some leaders saw communism as a way to achieve economic parity with whites, while others felt it was necessary to work within the system through gaining a higher education. The role of African-American women in supporting households is also discussed.
From the Paper "Early, on, advocates such as Cyril Brigg expressed the philosophy that Black nationalism must not be an ideology of territorial or race liberation alone, as advocated in the 'Back to Africa' movement of Marcus Garvey. Instead it must be an international working class movement of liberation founded upon Marxism and workers' rights--after all, American Black oppression was founded upon the capitalist needs of the slave trade. The American legislative system had proved a failure in winning Blacks their rights, thus a new system was required, and like Marx's workers, Blacks had nothing to lose but their chains, even less to lose than White workers (hence the greater attraction of more moderate trade unionism for Whites). "
Abstract This paper takes a look at the issue of human justice. The paper uses the health care system as an example. The paper argues that human justice never be achieved in a health care system that gives patients less quality of care based on the patient's race or ethnicity, socio-economic class, gender or personal morality.
From the Paper "Further factors that create inequities throughout the health care system are issues dealing with morality. A primary example of this is that gay men and lesbians receive less adequate health care. Twice as many gay, lesbian, bisexual, and transgendered American citizens are without health insurance compared to the general population. (Quittner 2004) Although the overall availability of domestic partner benefits has increased, most health care benefits are not available to domestic partners, and health insurance through a spouse or family member is the most common way people get health insurance. Since homosexual couples are not allowed to get married, health insurance benefits are not available through these means. Additionally, gay and lesbian patients face particular prejudice from "homophobic" health care providers, and may avoid seeking health care if they suspect that they will encounter such prejudice (Quittner 2004). Furthermore, some health care practitioners may actually refuse treatment of some patients based on religious or moral objections, and in some states doctors' rights to do this may soon be protected by law. Bills have been introduced in Arkansas, Michigan, Rhode Island, South Dakota, Texas, Vermont, and West Virginia that would give health care workers, from doctors to pharmacists, the right to refuse treatment or medication to any patient based on ethical, moral, or religious reasons, while in Georgia health care professionals are already legally allowed to discriminate based on their own moral or ethical beliefs (Kuhr 2005). "
The paper discusses several theories of economicjustice and examines the topic of distributive justice in relation to the conflicts that arise within corporate mergers and takeovers.
Abstract The writer looks into the consequences of the merger wave and how those consequences will eventually impact the allocation of private and social goods and services to individuals in our communities. The paper defines the terms and analyses the potentially dangerous outcome of the growth of large corporations.
From the Paper "Several philosophers have gone beyond merely considering the foregoing concepts of justice and principles of distribution, to develop alternative theories of justice in economic distribution in which these concepts and principles " . . . can be assessed and then modified, discarded or defended." Let me now begin a discussion of these economic theories, namely, the views of utilitarianism and libertarianism, as well as John Rawls's ideas about distributive justice. Thereafter, I will examine Rawls's theory of justice more closely and consider the arguments in favor of and in opposition to his primary propositions."
Abstract The paper contends that any solution that hopes to revise the American criminal justice system must address five issues. The paper details these issues: A lack of racial parity in criminal justice, a lack of socio-economic parity, overcrowding in the courts, overcrowding in the prisons and the rehabilitation of the thousands of prisoners when they are released.
From the Paper "That the criminal justice system in the United States is biased is beyond dispute. Statistics abound that all confirm the same thing; if you are white and wealthy in the US, the odds that you will end up in jail are remarkably slim. Felony convictions send a disproportionately high number of African American and Hispanic men to prison, while their Caucasian counterparts remain free. The reasons behind this phenomenon are many - too many to be listed in this brief overview."
A discussion of the growing social, political and economic threat that illegal immigration poses to the United States and how ineptly the US criminal justice system is managing the problem.
3,825 words (approx. 15.3 pages), 6 sources, 2006, $ 151.95
Abstract This paper reviews the illegal immigration problem facing the United States. Specifically, the paper takes a look at how sloppy criminal justice management within the judiciary and the poor work of the bureaucratic apparatus has made illegal immigration an ever-growing threat to Americans. The paper takes the time to outline the failing processes within both systems (with most of the emphasis falling upon the judiciary) and the paper also provides recommendations which might serve both well in the near future. As an addendum, it should be added that the paper contains a brief literature review.
From the Paper "For all its shortcomings, the American justice system is still among the best in the world. That being said, there are certain undeniable concerns about the manner in which the system is being managed which will not go away until the problems which provoked those concerns in the first place finally go away. In recent years, one of the more pressing concerns facing the American justice system has been illegal immigration. In particular, Americans have been inundated with stories enumerating not only the growth of illegal immigration but the growth also of crimes committed by illegal immigrants. Needless to say, rampant illegal entry into America constitutes a legitimate threat to US sovereignty and it also constitutes a threat to the physical and material well-being of law-abiding American citizens."
Abstract The paper relates that the Constitution attempts to secure "justice for all", but goes on to explain that the definition of justice is often in conflict depending upon the viewpoint from which it is considered. The paper discusses the need for political justice and illustrates how politics can override social justice when the President only appoints Supreme Court justices with a specific set of values. The paper also deals with social justice as it relates to the gay community, disabled, women, people of a certain skin color or religion, or the aged and the issue of legal justice. The paper asserts that American citizens should not be forced to allow those in political or financial power to victimize or discriminate against them and strongly maintains that justice is served only if due consideration is given to all parties and all sides involved.
From the Paper "The concept of justice involves human relationships within society. As such, the term is fluid and flexible, always changing to accommodate the particular situation it refers to. Justice can for example refer to an outcome that is satisfying for all parties involved, while in other cases, society can be satisfied, but the perpetrator of a crime is punished and feels that justice is not served. In criminal justice, cases may also occur where the accused is wrongfully convicted, in which case society is satisfied, but in truth justice has not been served. Justice can also refer to social relationships. Social justice for example includes the way in which different sectors of society, such as men, women, people of different races, the disabled, etc. interact with each other. Social justice is not served when discrimination occurs. The Constitution attempts to secure "justice for all"."
This well-researched paper examines the juvenile justice system and its method of dealing with juvenile offenders which has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception.
Abstract This paper explores the history of the juvenile justice system, dating back to the 1820s and until the present. The juvenile justice system in dealing with juvenile offenders has cyclically gone from a rehabilitative approach to a punitive approach a number of times since its inception. The writer of this paper contends that in certain cases juvenile criminals should be treated differently than adults who commit the same crimes and supports this claim by detailing eight possible justifications. One justification is that adults are responsible for their acts, whereas juveniles are not. Another justification is that juveniles are more pliable than adults and respond better to treatment and rehabilitation.
This paper also details various research which examines the history of the juvenile justice system from 1820 which found that when juvenile crime is determined to be high, the justice system responds with severe punishments and few rehabilitative approaches. This paper also discusses the current approach to the juvenile justice system and questions its effectiveness in dealing with juvenile offenders.
From the Paper "What the models or approaches have neglected up to this point is the importance of the victim and the community, accountability of the offender, and competency development. So far there has been the debate between punishment versus treatment as options, but both have negative side effects and essentially ignore everything else. The need for retribution may be satisfied by punishment, but the offender can be negatively affected. Punishment can undermine self-restraint, stigmatizes the offender and creates problems of adjustment, which encourages delinquency, to name a couple, but it also encourages offenders to focus on themselves, not the victim and their responsibility."
Tags: youth, crime, law, legal, justice, system, court, rights
Abstract This paper is an in-depth examination of the key arguments in the debate currently going on in Britain over whether or not to replace its adversarial system of justice and replace it with the inquisitorial system of justice now used in the European Union. The paper begins by defining both the adversarial and inquisitorial systems of justice. It then presents arguments in support of the Inquisitorial Model including that the system promotes equality; decreases miscarriages of justice; seeks to find the truth; argues that the judges in the adversarial system are poorly trained while its judges are chosen on merit. The author then presents their arguments against the use of the Inquisitorial Model and makes the following points about the inquisitorial system including that it ignores human dignity; that it will cause false imprisonment; argues that the European Union will be allowed to prosecute British Citizens and will therefore render British Law powerless; argues that it will lead to the destruction of the Magna Carta and finally, argues that the system can be costly. The author then presents a final evaluation of the materials presented and details their own conclusions as to which system is better suited for use in Britain.
From the Paper "Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. These opponents note that there are clear advantages to the current British system which include. The right of Habeas Corpus (that the accused must be taken to a public court within a very short period of time, usually 24 hours, and the accusers must produce their evidence then and there. The right to Trial by Jury at which jurors can in fact even disregard the law if they think it would give an unjust conviction. The jurors are thus 'sovereign'. If found innocent, the accused cannot be tried again on the same charge. (Corpus Juris and the Effect on British Common Law Rights)"
Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justice system. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justice system and the third and last area revolves around the difficulty that Canadian law-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justice system.
Abstract The paper states that only the human species is known to inflict pain purely for retribution. The fact that justice and punishment for rule violations are evident in animals, and that different human cultures have defined justice, crime, and punishment in myriad, and often in mutually contradictory terms, suggests the need to establish objective principles for concepts of justice that are indeed just. The paper concludes that "justice" incorporates objective rules without basis, which reflect the strength to impose the will of the of those more powerful in society, over the less powerful. The paper also states that crime and punishment are exclusive to human societies, notwithstanding our current relative inability to administer those concepts uniformly and justly, in most human society.
Outline:
A Survey of Cultural Variation of Crime and Punishment Throughout History
Toward the Objective Standard of Justifiable Criminal Definitions and Punishment
Conclusion
From the Paper "In particular, purposeful actions on the part of society or dominant group of leaders to address unwanted behaviors or actions of the individual is apparent among many animal species, such as in relation to violations of established social and pair-bonding relationships and hierarchy of access to food and other natural resources (Gerrig & Zimbardo 2005). In certain primates, for example, group members risk both physical retaliation and elements of social exclusion if they are discovered by other group members to have hidden or failed to share resources by not disclosing its existence or location."
Abstract The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.
From the Paper "The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."
Tags: human, rights, equality, legislation, sentencing, restorative, justice, social, work
Abstract This paper examines how John Rawls reworks his theses contained in his previous works with "Justice as Fairness: A Restatement". It looks at how Rawls' political philosophy is a modern formulation, presupposing a democratic foundation, which seeks to define justice as a purely political concept and how he attempts to divest the concept of justice as fairness from its moral underpinnings. It analyzes how Rawls reformulates the basic theories contained within his former works in order to distinguish the political from the moral or philosophical spheres.
From the Paper "Among Rawls? fundamental ideas is the concept of the basic structure upon which a democratic society is based. The basic structure is a cooperative, collective underpinning of a democratic society. As such, it is informed and rational, applicable to all citizens. Citizens of a just society are both free and equal, not judged on the basis of their gender, ethnicity, race, history, or economic class. The key to a fair, just, cooperative society is basically a social contract. This contract, like any other contract, is a mutual agreement between parties. Its aim is the common good, regardless of any differences or dissention between parties. Because pluralism is an inescapable and welcome facet of a democratic society, disagreement and dissention are inevitable."
Abstract This paper studies information systems integration in regard to the legal and justice systems of the nation. In our digital era, information has become a thread that provides an opportunity to tie the many aspects of our criminal justice process into a more efficient and effective system. This paper presents insights into the decision making process for justice information systems integration. The paper also discusses the technological advances, which create opportunities for each locality and state to develop a governance process that will serve as a viable solution for its own jurisdiction. At the same time, the paper assesses how these advances enable localities and states to simultaneously mesh with immediate and distant neighbors.
Table of Contents:
Executive Summary
Introduction
History
Expectations
Sentencing
Security
Conclusion
References
From the Paper "How will the modern day justice system become more efficient and possibly more successful in the twenty-first century and beyond? The answer is simple, the entire system will need to take advantage of the technological advances and focus its time, efforts and resources in a direction that will meet the objectives of the entire community. "Criminal justice integration is a prime example of using IT to solve problems and improve service to citizens. A survey of the Governors of all 50 states was conducted in the spring of 1999 to determine Governors top priorities for IT applications, and nearly every responding governor listed criminal justice integration as a major near-term priority." (Meyers, 2004) This system would alter the makeup of any single agency such as a prosecutor's office or a police department. These historically isolated entities would have the same information at their fingertips as any large governmentally supported agency once integration nears completion. "Project staff has developed a web-based modeling tool and a methodology to capture detailed information regarding the processes, events, agencies, information and exchange conditions associated with justice information integration, which was initially tested in five states: Colorado, Kansas, Minnesota, New Mexico and Pennsylvania, and has been introduced into over 20 jurisdictions." (The Justice Information Exchange Model, 2005) "
Tags: technology, justice, criminal, information, computer, network, security, internet
