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187 books match the query 'Justice' and 7 start with i

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Illiberal Justice

John Rawls vs. the American Political Tradition

David Lewis Schaefer

University of Missouri Press, 2007

Often considered the greatest American political philosopher of the twentieth century, and the most important liberal theorist since John Stuart Mill, John Rawls enjoys a practically sacrosanct status among scholars of political theory, law, and ethics. In Illiberal Justice, David Schaefer offers the most thorough challenge to Rawls’s doctrine yet published, demonstrating how his teachings deviate from the core tradition of constitutional liberalism as exemplified by leading American statesmen from the founders through Lincoln and beyond.

Illiberal Justice is the first comprehensive overview of all of Rawls’s writings, emphasizing the continuity in his thought and intention to a greater extent than other scholars have done. Schaefer offers a fundamental critique of both Rawls’s conception of political philosophy and the policy judgments he derives from his “principles of justice.” Schaefer argues that Rawls’s failure to ground his teaching about justice in a serious analysis of human nature or an empirical grasp of political life is symptomatic of a larger crisis within contemporary liberal political and jurisprudential theorizing.

Although Rawls is commonly viewed as a welfare-state liberal, Schaefer stresses that his writings actually embody a radical transformation of liberalism in the direction of libertarianism that deviates sharply from the American liberal tradition. Citing empirical evidence of the persistence of political and economic opportunity in America, Schaefer challenges Rawls’s allegations that our polity suffers from grave injustices. He points out the strikingly apocalyptic tone of Rawls’s last writings, in which Rawls even questions whether human existence is worthwhile if his principles are not actualized.

Illiberal Justice is not only a critique of Rawls’s political program and philosophic methodology, it is also a defense of the American constitutional order against Rawls’s dogmatic theorizing, which Schaefer argues has exercised an increasing, and detrimental, effect on our jurisprudence. By combining a thorough critical exegesis of Rawls’s texts with a broad engagement with the tradition of political philosophy and American political thought, Schaefer makes an important contribution to both our understanding of Rawls and the enterprise of political philosophy.

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In Defense of Justice

Joseph Kurihara and the Japanese American Struggle for Equality

Eileen H. Tamura

University of Illinois Press, 2013

As a leading dissident in the World War II concentration camps for Japanese Americans, the controversial figure Joseph Yoshisuke Kurihara stands out as an icon of Japanese American resistance. In emotional, often inflammatory speeches, Kurihara attacked the U.S. government for its treatment of innocent citizens and immigrants. Because he articulated what other inmates dared not voice openly, he became a spokesperson for camp inmates.

In this astute biography, Kurihara's life provides a window into the history of Japanese Americans during the first half of the twentieth century. Born in Hawai'i to Japanese parents who immigrated to work on the sugar plantations, Kurihara worked throughout his youth and early adult life to make a place for himself as an American: seeking quality education, embracing Christianity, and serving as a soldier in the U.S. Army during World War I. Though he bore the brunt of anti-Japanese hostility in the decades before World War II, he remained adamantly positive about the prospects of his own life in America. The U.S. entry into World War II and the forced removal and incarceration of ethnic Japanese destroyed that perspective and transformed Kurihara.

As an inmate at Manzanar in California, Kurihara became one of the leaders of a dissident group within the camp and was implicated in "the Manzanar incident," a serious civil disturbance that erupted on December 6, 1942. In 1945, after three years and seven months of incarceration, he renounced his U.S. citizenship and boarded a ship for Japan, where he had never been before. He never returned to the United States.

Kurihara's personal story illuminates the tragedy of the forced removal and incarceration of U.S. citizens among the West Coast Nikkei, even as it dramatizes the heroic resistance to that injustice. Shedding light on the turmoil within the camps as well as the sensitive and formerly unspoken issue of citizenship renunciation among Japanese Americans, In Defense of Justice explores one man's struggles with the complexities of loyalty and resistance.

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In Pursuit of Justice

The Life of John Albion Andrew

Stephen D. Engle

University of Massachusetts Press, 2023

Widely known as the “poor man’s lawyer” in antebellum Boston, John Albion Andrew (1818–1867) was involved in nearly every cause and case that advanced social and racial justice in Boston in the years preceding the Civil War. Inspired by the legacies of John Quincy Adams and Ralph Waldo Emerson, and mentored by Charles Sumner, Andrew devoted himself to the battle for equality. By day, he fought to protect those condemned to the death penalty, women seeking divorce, and fugitives ensnared by the Fugitive Slave Law. By night, he coordinated logistics and funding for the Underground Railroad as it ferried enslaved African Americans northward.

In this revealing and accessible biography, Stephen D. Engle traces Andrew’s life and legacy, giving this important, but largely forgotten, figure his due. Rising to national prominence during the Civil War years as the governor of Massachusetts, Andrew raised the African American regiment known as the Glorious 54th and rallied thousands of soldiers to the Union cause. Upon his sudden death in 1867, a correspondent for Harper’s Weekly wrote, “Not since the news came of Abraham Lincoln’s death were so many hearts truly smitten.”

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In the Shadow of Marriage

Gender and Justice in an African Community

Anne M. O. Griffiths

University of Chicago Press, 1997

Anne Griffiths originally went to Botswana to establish a university course in family law. But independent fieldwork in Botswana convinced her of the central role of the traditional customary legal system that stands alongside the colonial common law of courts and magistrates she was examining in her course. In the first comparative work on these two systems, Griffiths shows how the structure of both legal institutions is based on power and gender relations that heavily favor males.

Griffiths's analysis is based on careful observation of how people actually experience the law as well as the more standard tools of statutes and cases familiar to Western legal scholars. She explains how women's access to law is determined by social relations over which they have little control. In this powerful feminist critique of law and anthropology, Griffiths shows how law and custom are inseparable for Kwena women. Both colonial common law and customary law pose comparable and constant challenges to Kwena women's attempts to improve their positions in society.

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Indigenous Health and Justice

Edited by Karen Jarratt-Snider and Marianne O. Nielsen

University of Arizona Press, 2024

Indigenous communities are practicing de facto sovereignty to resolve public health issues that are a consequence of settler colonialism. This work delves into health and justice through a range of topics and examples and demonstrates the resilience of Indigenous communities.

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Islam and the Rule of Justice

Image and Reality in Muslim Law and Culture

Lawrence Rosen

University of Chicago Press, 2018

In the West, we tend to think of Islamic law as an arcane and rigid legal system, bound by formulaic texts yet suffused by unfettered discretion. While judges may indeed refer to passages in the classical texts or have recourse to their own orientations, images of binding doctrine and unbounded choice do not reflect the full reality of the Islamic law in its everyday practice. Whether in the Arabic-speaking world, the Muslim portions of South and Southeast Asia, or the countries to which many Muslims have migrated, Islamic law works is readily misunderstood if the local cultures in which it is embedded are not taken into account.

With Islam and the Rule of Justice, Lawrence Rosen analyzes a number of these misperceptions. Drawing on specific cases, he explores the application of Islamic law to the treatment of women (who win most of their cases), the relations between Muslims and Jews (which frequently involve close personal and financial ties), and the structure of widespread corruption (which played a key role in prompting the Arab Spring). From these case studie the role of informal mechanisms in the resolution of local disputes. The author also provides a close reading of the trial of Zacarias Moussaoui, who was charged in an American court with helping to carry out the 9/11 attacks, using insights into how Islamic justice works to explain the defendant’s actions during the trial. The book closes with an examination of how Islamic cultural concepts may come to bear on the constitutional structure and legal reforms many Muslim countries have been undertaking.

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Islam, Justice, and Democracy

Sabri Ciftci

Temple University Press, 2022

Justice (al-‘adl) is one of the principal values of the Islamic faith. In Islam, Justice, and Democracy, Sabri Ciftci explores the historical, philosophical, and empirical foundations of justice to examine how religious values relate to Muslim political preferences and behavior. He focuses on Muslim agency and democracy to explain how ordinary Muslims use the conceptions of divine justice—either servitude to God or exercising free will against oppressors—to make sense of real-world problems.

Using ethnographic research, interviews, and public opinion surveys as well as the works of Islamist ideologues, archives of Islamist journals, and other sources, Ciftci shows that building contemporary incarnations of Islamist justice is, in essence, a highly practical political project that has formative effects on Muslim political attitudes. Islam, Justice, and Democracy compares the recent Arab Spring protests to the constitutionalist movements of the nineteenth and twentieth centuries in the Middle East to demonstrate the continuities and rifts a century apart.

By putting justice at the center of democratic thinking in the Muslim world, Ciftci reconsiders Islam's potential in engendering both democratic ideals and authoritarian preferences.

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