论公平、公正、正义与平等的相互关系

公平、公正、正义和平等的意义相近,它们有着一定的内在联系和相通性,在特定的境况下,甚至可以互换或者交替使用。但从学术研究的角度来看,它们之间在不同的语境、不同的领域中,其适用对象和含义又是有区别的,或者说是各有所侧重。在很多情况下,它们之间更是一个相互缠绕的关系。     

“内化正义”是何种正义?——试析柏拉图的政治方案

<理想国>开篇之后,迅速把前政治问题(幸福晚年)及一般性弱者政治问题(回报正义)提升到专门的强者政治问题(宪法正义),把焦点集中在谁应当握有领导权的问题上.柏拉图的方法论是类比,即"灵魂的政治化"和"政治的灵魂化"的比较.据此,他提出了一种"内化正义"现.其本意是用这种"新正义"帮助日常正义的重新确立,但在民主社会中的人看来,"等级集权正义"正是最大的不义.     

司法的独立与民主:价值整合和制度架构

司法独立追求法律职业主义和司法规则模型,司法民主注重民众参与和意志表达,法治实践中两者存在紧张关系.应结合后现代社会关系性质和秩序状况,按照法律商谈论理路对司法独立和民主两种实现社会主体权利和自由的方法进行价值整合,确立法官社会化、司法论坛化、司法能动化、解纷机制多元化等制度架构方向.     

Doin’ Meth or Doin’ Math: What Client Constructions of Social Class Mean for Social Work Practice

The voices of people experiencing poverty are underrepresented in social work research, public policy development, and practice interventions. This study explored the social class attributions of clients receiving poverty-related services through qualitative interviews. Findings reveal dynamic contributions of individual, environmental, and structural factors of social class positioning and significant stress and stigmatization associated with experiencing economic hardship. Participants indicate a sense of lived contradiction, viewing social class to be the result of fate while simultaneously endorsing individualistic attributions of poverty. Results have implications for social work research and practice, as well as poverty-related policy and program development.     

‘Power Differences’ and ‘the Power of Difference’: The Dominance of Secularism as Ontological Injustice

Abstract

Recent religious studies and international relations scholarship has highlighted secularism as a critical element in dominant modes of identity, power, and exclusion in global politics. Yet, the implications of these insights for global justice theory and practice have rarely been considered. This article suggests that the current dominance of secularism within global justice theory and practice risks undermining the global justice project. Specifically, I argue that secularism’s dominance constitutes an ontological injustice, where both alternative non-secular visions of the world and visions of alternative non-secular worlds are subordinated to secular ontologies. However, this argument raises a crucial question: if, despite secularism’s claim to neutrality and universality, the dominance of secular ontologies contributes to rather than ameliorates injustice, the question that remains is: what are the alternatives? The article concludes by exploring some preliminary responses to this question.     

Asymmetric learning in a short-term,macro-oriented international students’ exchange: an exploratory study

International social work organizations’ call for a Global Agenda for Social Work and Social Development emphasizes promotion of social justice-oriented policies. A major challenge for international student exchange programs, especially when the visitors are from affluent countries, is to overcome the asymmetric process of the relative lack of power, in student hosts’ in comparison to student visitors’ relationships, as well as to focus on macro-practice orientation. Through analyzing a case study of student exchange, we propose a set of pedagogical strategies that may help to overcome these challenges through using processes of mirroring to address this asymmetric situation. This exploratory research is based on a three-year assessment of a short-term, macro-oriented MSW travel study course between graduate students from two universities (in the US and in Israel) using an exchange framework. It includes a comparison of joint experiences of students using both written and arts-based data. The findings demonstrate that the use of relationship building and mirroring enables both hosts and guests to learn about their own macro-reality through the eyes of the others and helps diffuse asymmetry and create relationships not only on the micro-, but also macro-levels. Implications for teaching methods in international courses are discussed.     

Gendered Movement: Negotiating Youth,Sex and Harm in the US Carceral State

Exempt from the current bipartisan reassessment of the US carceral state are people with convictions for sex offenses. While movements against public registries for sex offenders are scant, a grassroots movement is underway. This article offers a preliminary analysis of the complex consequence of women's political work to extract their sons from the US carceral state. This gendered advocacy is mapped against shifts in the racialised US criminal justice system, where the fluid category of child/juvenile is often unavailable to youth of colour and/or queer youth, and criminalisation is offered to regulate sexuality, consent, age and potential harm.     

Disability,personalisation and community arts: exploring the spatial dynamics of children with disabilities participating in inclusive music classes*

This paper uses personalisation and the capabilities approach to explore inclusive music classes for children with disabilities in Scotland. It provides a unique insight into the impact of participation through the voices of the disabled young musicians, their parents and tutors. The study highlights the power of inclusive spaces to transform lives, to build confidence and contest disabled identities. It engages in the spatial dynamic of opening up inclusive spaces, as well as exposing emerging tensions in the liminal space that is created through movement between safe and supported spaces and the antithesis, spaces that disempower and marginalise. The findings suggest good practice around personalisation, when conceived of from a social justice perspective, as a template for working with other marginalised groups and in other professional settings.     

A life of one’s own: republican freedom and disability

This article outlines a republican perspective on disability. We argue that a commitment to ensuring the republican freedom of disabled citizens offers a promising account of what disabled citizens are owed as a matter of justice. A republican perspective offers a particular diagnosis of the injustice of disability disadvantage, both in relation to individuals (dominium) and the state (imperium), that is congenial to prominent concerns voiced by the disability rights movement. This article also offers a brief outline of three republican remedies: the right of social participation, the right of opportunities for civic contribution, and the right of democratic contestation. These remedies constitute key guidelines for the robust institutional protection of disabled citizens’ republican freedom.     

从无知之幕到分配正义——罗尔斯正义论的“哲学—历史”逻辑演进

罗尔斯正义论体系分为理想理论和非理想理论。"次序"或"优先性"是衔接两部分的关键,它赋予正义论体系最鲜明的逻辑特征。原初状态的理性人,内蕴着一种历史的观念,是逻辑和历史的起点。制度正义连接正义原则和分配正义,是体现逻辑和历史交汇的核心地带。随着正义原则由社会基本结构进入现实分配领域,不完善的一般性继续进化为合理的一般性——一种历史的理性。至此,从原初状态开始的哲学和历史结合的逻辑基本实现了它本身的发展形式,即从逻辑一般到现实历史。