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Dangerous Offenders
The Elusive Target of Justice
Mark H. Moore, Susan Estrich, Daniel McGillis, and William Spelman
Harvard University Press, 1984

Americans rank crime among the most urgent of social concerns. Overflowing prisons and public outcry have led many to propose that the criminal justice system could control crime more effectively by focusing on dangerous offenders.

Recent social studies have suggested that serious criminality is highly concentrated and that high-rate offenders can be distinguished from others on the basis of prior criminal conduct, drug abuse, and employment record. Such studies urge judges to shift from rehabilitative sentencing to selective incapacitation, with longer prison sentences for convicted criminals who are deemed unusually dangerous. In response to these recommendations, some prosecutors' offices have established career criminal units designed to assure that repeat offenders will be prosecuted to the full measure of the law. Some police departments are experimenting with "perpetrator-oriented patrols" targeted on suspected high-rate offenders.

The authors of this major book in criminal jurisprudence describe and analyze the intellectual and social challenge posed to public officials by this new thrust in criminal justice policy. They develop a framework for evaluating policies that focus on dangerous offenders. They first examine the general issues that arise as society considers the benefits and risks of concentrating on a particular category of criminals. They then outline how that approach might work at each stage of the criminal justice system--sentencing, pretrial detention, prosecution, and investigation.

This cogently argued book provides much needed guidance on the crucial questions of whether sharpened attention to dangerous offenders is just, whether such a policy can be effective in managing the problem of crime, which applications seem particularly valuable, what the long-term risks to social institutions are, and what uncertainties must be monitored and resolved as the policy evolves.

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Decency and Difference
Humanity and the Global Challenge of Identity Politics
Steven C. Roach
University of Michigan Press, 2019

Decency remains one of the most prevalent yet least understood terms in today’s political discourse. In evoking respect, kindness, courage, integrity, reason, and tolerance, it has long expressed an unquestioned duty and belief in promoting and protecting the dignity of all persons. Today this unquestioned belief is in crisis. Tribalism and identity politics have both hindered and threatened its moral stability and efficacy. Still, many continue to undertheorize its political character by isolating it from the effects of identity politics. Decency and Difference argues that decency is a primary source of the political tension that has long shaped the struggles for power, identity, and justice in the global arena. It distinguishes among basic, conservative, and liberal strands of decency to critically examine the many conflicting and competing applications of decency in global politics. Together these different strands reflect a long and uneven evolution from the British and American empires to a global network of justice. This powerful book exposes the gaps of decency and the disparate ways it is practiced, thus addressing the global challenge of configuring a diverse political ethic of decency.

 

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The Decent Society
Avishai Margalit
Harvard University Press, 1996

Avishai Margalit builds his social philosophy on this foundation: a decent society, or a civilized society, is one whose institutions do not humiliate the people under their authority, and whose citizens do not humiliate one another. What political philosophy needs urgently is a way that will permit us to live together without humiliation and with dignity.

Most of the philosophical attention nowadays is drawn to the ideal of the just society based on the right balance between freedom and equality. The ideal of the just society is a sublime one but hard to realize. The decent society is an ideal which can be realized even in our children's lifetime. We should get rid of cruelty first, advocated Judith Shklar. Humiliation is a close second. There is more urgency in bringing about a decent society than in bringing about a just one.

Margalit begins concretely where we live, with all the infuriating acts of humiliation that make living in the world so difficult. He argues in a concrete way in the spirit of Judith Shklar and Isaiah Berlin. This is a social philosophy that resists all those menacing labels that promote moral laziness, just as it urges us to get beyond the behavior that labels other human beings. Margalit can't be earmarked as liberal or conservative. If a label is necessary, then the most suitable is George Orwell's humane socialism, a far cry from Animal Farm socialism with its many tools of oppression. How to be decent, how to build a decent society, emerges out of Margalit's analysis of the corrosive functioning of humiliation in its many forms. This is a thoroughly argued and, what is much more, a deeply felt book that springs from Margalit's experience at the borderlands of conflicts between Eastern Europeans and Westerners, between Palestinians and Israelis.

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Democracy on Purpose
Justice and the Reality of God
Franklin I. Gamwell
Georgetown University Press

Western moral and political theory in the last two centuries has widely held that morality and politics are independent of a divine reality. Claiming that this consensus is flawed, prominent theologian Franklin I. Gamwell argues that there is a necessary relation between moral worth and belief in God. Without appealing to the beliefs of any specific religion, Gamwell defends a return to the view that moral and political principles depend on a divine purpose.

To separate politics from the divine misrepresents the distinctive character of human freedom, Gamwell maintains, and thus prevents a full understanding of the nature of justice. Principles of justice define "democracy on purpose" as the political form in which we pursue the divine good.

Engaging in a dialogue with such major representatives of the dominant consensus as Kant, Habermas, and Rawls, and informed by the philosophical writings of Alfred North Whitehead, this book makes the case for a neoclassical metaphysics that restores a religious sensibility to our political life.

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Difference without Domination
Pursuing Justice in Diverse Democracies
Edited by Danielle Allen and Rohini Somanathan
University of Chicago Press, 2020
Around the globe, democracy appears broken. With political and socioeconomic inequality on the rise, we are faced with the urgent question of how to better distribute power, opportunity, and wealth in diverse modern societies. This volume confronts the dilemma head-on, exploring new ways to combat current social hierarchies of domination.

            Using examples from the United States, India, Germany, and Cameroon, the contributors offer paradigm-changing approaches to the concepts of justice, identity, and social groups while also taking a fresh look at the idea that the demographic make-up of institutions should mirror the make-up of a populace as a whole. After laying out the conceptual framework, the volume turns to a number of provocative topics, among them the pernicious tenacity of implicit bias, the logical contradictions inherent to the idea of universal human dignity, and the paradoxes and problems surrounding affirmative action. A stimulating blend of empirical and interpretive analyses, Difference without Domination urges us to reconsider the idea of representation and to challenge what it means to measure equality and inequality.
 
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Does History Make Sense?
Hegel on the Historical Shapes of Justice
Terry Pinkard
Harvard University Press, 2017

Hegel’s philosophy of history—which most critics view as a theory of inevitable progress toward modern European civilization—is widely regarded as a failure today. In Does History Make Sense? Terry Pinkard argues that Hegel’s understanding of historical progress is not the kind of teleological or progressivist account that its detractors claim, but is based on a subtle understanding of human subjectivity.

Pinkard shows that for Hegel a break occurred between modernity and all that came before, when human beings found a new way to make sense of themselves as rational, self-aware creatures. In Hegel’s view of history, different types of sense-making become viable as social conditions change and new forms of subjectivity emerge. At the core of these changes are evolving conceptions of justice—of who has authority to rule over others. In modern Europe, Hegel believes, an unprecedented understanding of justice as freedom arose, based on the notion that every man should rule himself. Freedom is a more robust form of justice than previous conceptions, so progress has indeed been made. But justice, like health, requires constant effort to sustain and cannot ever be fully achieved.

For Hegel, philosophy and history are inseparable. Pinkard’s spirited defense of the Hegelian view of history will play a central role in contemporary reevaluations of the philosopher’s work.

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A Dream of Justice
The Story of Keyes v. Denver Public Schools
by Pat Pascoe
University Press of Colorado, 2023
A Dream of Justice is Colorado state senator and former teacher Pat Pascoe’s firsthand account of the decades-long fight to desegregate Denver’s public schools. Drawing on oral histories and interviews with members of the legal community, parents, and students, as well as extensive institutional records, Pascoe offers a compelling social history of Keyes v. School District No. 1 (Denver).
 
Pascoe details Denver’s desegregation battle, beginning with the citizen studies that exposed the inequities of segregated schools and Rachel Noel’s resolution to integrate the system, followed by the momentous pro-integration Benton-Pascoe campaign of Ed Benton and Monte Pascoe for the school board in 1969. When segregationists won that election and reversed the integration plan for northeast Denver, Black, white, and Latino parents filed Keyes v. School District No. 1. This book follows the arguments in the case through briefs, transcripts, and decisions from district court to the Supreme Court of the United States and back, to its ultimate order to desegregate all Denver schools “root and branch.” It was the first northern city desegregation suit to be brought before the Supreme Court. However, with the end of court-ordered busing in 1995, schools quickly resegregated and are now more segregated than before Keyes was filed.
 
Pascoe asserts that school integration is a necessary step toward eliminating systemic racism in our country and should be the objective of every school board. A Dream of Justice will appeal to students, scholars, and readers interested in the history of civil rights in America, Denver history, and the history of US education.
 
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Dreaming of Justice, Waking to Wisdom
Rousseau's Philosophic Life
Laurence D. Cooper
University of Chicago Press, 2023
A surprising look at how Rousseau defended the philosophic life as the most natural and best of lives.
 
Dreaming of Justice, Waking to Wisdom reveals what could be thought of as the capstone of Rousseau’s thought, even if that capstone has been nearly invisible to readers. Despite criticizing philosophy for its corrosive effects on both natural goodness and civic virtue, Rousseau, argues Laurence D. Cooper, held the philosophic life as an ideal. Cooper expertly unpacks Rousseau’s vivid depiction of the philosophic life and the case for that life as the most natural, the freest, or, in short, the best or most choice-worthy of lives. Cooper focuses especially on a single feature, arguably the defining feature of the philosophic life: the overcoming of the ordinary moral consciousness in favor of the cognitivist view of morality. Cooper shows that Rousseau, with his particular understanding and embrace of the philosophic life, proves to be a kind of latter-day Socratic. Thorough and thought-provoking, Dreaming of Justice, Waking to Wisdom provides vital insight into Rousseau.
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