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Full-Text Articles in Social and Behavioral Sciences
Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille
Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille
Electronic Thesis and Dissertation Repository
As a relatively young field of academic inquiry, the transitional justice scholarship presents some important difficulties, not least of which is its lack of critical evaluation of the approaches to justice it adopts and promotes. This research argues that the framework used in the transitional justice scholarship is ill-suited to account for, and to think about, the philosophy of justice embodied in customary mechanisms of justice. It explains that the type of “justice” embodied in customary mechanisms of justice is difficult to appreciate by using the retributive, reparative, and the restorative approaches. These Western, individualistic and legally based approaches are …
A Rawlsian Idea Of Deliberative Democracy, Angela D. White
A Rawlsian Idea Of Deliberative Democracy, Angela D. White
Electronic Thesis and Dissertation Repository
In my thesis, I develop a framework based on John Rawls's Political Liberalism that addresses the question: how is it possible for democratic institutions and their decisions to be legitimate, given that (i) they are supposed to be governed by the "will of the people", but (ii) the people will disagree with each other about what political institutions ought to do about any given issue? Amy Gutmann and Dennis Thompson advance a deliberative democratic response to this question, which has served as the basis of governments' attempts to "strengthen democracy". They argue that political decisions are justified insofar as they …