The Elements of Justice

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If so, then "when resources are scarce, the Proviso requires appropriation" p. This is not the case. The Proviso is a limit on appropriation: it says that appropriation cannot take place unless a certain condition is fulfilled. It does not require anyone to appropriate property. The fact that a tragedy of the commons threatens does not change this. Schmidtz can, if he likes, introduce a moral principle requiring persons faced by a tragedy of the commons to appropriate; but this is not the Proviso but another principle. But this is not a major matter. Schmidtz is entirely right to identify a failing among many philosophers who defend equality.

If equality matters, it does so as a means of improving the condition of those who are suffering. As Elizabeth Anderson, a noted egalitarian philosopher, puts the point: "recent egalitarian writing has come to be dominated by the view that the fundamental aim of equality is to compensate people for undeserved bad luck.

The proper negative aim of egalitarian justice is not to eliminate the impact of brute luck in human affairs, but to end oppression" p. This is not, of course, to admit that promoting equality is in fact needed. Rather, the issue is what, if anything, could be a reason to support such a policy. Larry Temkin, e. Equality, he thinks is required even if it does not make people better off.

Even if private appropriation of property and inequality benefit people, can a critic of capitalism at least say that the rich do not deserve their wealth? If their wealth helps the rest of us, well and good; but this does not make them morally deserving of their wealth. Robert Nozick does not challenge egalitarians about moral desert; instead, he maintains that one can be entitled to something without deserving it.

Schmidtz adopts a bolder course. Why do egalitarians claim that the wealthy do not deserve their superior position? They may start with greater talent or opportunities than others, but have they not made good use of their initial endowments? To this, the egalitarian responds that they do not deserve the talents or superior resources that they have successfully used to their advantage. Schmidtz attacks with great force this notion of desert.

But why accept so demanding a view? On it, no one could ever qualify as deserving anything, since some degree of luck enters every chain of causes. We should adopt instead a "nonvacuous conception of desert, [where] there will be inputs that a person can supply, and therefore fail to supply" p. Schmidtz suggests it might be more useful to view desert as forward looking.

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If one is given an opportunity, why not ask, what can I now do that will make it the case that I have made good use of what I have on hand? If I do make good use of my opportunity, then in a defensible sense I deserve it.

An encyclopedia of philosophy articles written by professional philosophers.

Another acceptable use of the concept is to ask, "What did I do to deserve this? So what?

Elements of Justice, by David Schmidtz | Mises Institute

But contrary to egalitarian dogma, many wealthy people will deserve what they have. My only substantial disagreement with Schmidtz concerns the nature of moral theory. He maintains that any moral theory is necessarily tentative and incomplete: "Let us explore the idea that one way to see what a theory is, and what a theory can do, is to see a theory as a map.


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We begin with a terrain a subject matter , and with questions about that terrain. Our questions spur us to build theories—maps of the terrain—that articulate and systematize our answers. A map of Detroit is an artifact, an invention. So is a map of justice.

In neither case does the terrain being mapped really look like that. A map is not itself the reality. It is at best a serviceable representation. Moral theories likewise are more or less serviceable representations of a terrain.

2 The Court's Failure to Clarify the Structure of the Crime of Genocide

They cannot be more than that" p. But why, in order to be perfectly accurate, must a claim about justice reproduce every detail of the "terrain" of justice? Schmidtz wrongly assumes that every abstraction must to a degree distort reality. To say, e.

It may turn out to be perfectly true. Gordon, David. The Mises Review 12, No. View the discussion thread. A coherent strategy is required to ensure that mentorship, coaching, continual professional development and reflective learning take place. Education strategies communicate, operationalize and maintain a shared understanding of the restorative approach. Such a centre or centres could be affiliated with recognized universities or colleges.

Consideration could also be given to bringing Indigenous communities and organizations with significant experience in designing and delivering Indigenous community-based restorative justice programs together to share lessons and provide training to other practitioners who wish to learn more about RJ in Indigenous contexts.

A principle-based curriculum for RJ education and training could ensure consistency, but also allow flexibility across the country. This would take into consideration the varying needs and capacity in each jurisdiction. Public education is also crucial to the success of RJ. This requires attention to public understanding and expectations of justice. Investments need to be made to enhance public understanding which will result in community providing leadership, involvement and support.

UPDATE 2!

Research and evaluation are key. This is critical to ensure programs are built and maintained in alignment with the principles of RJ and are meeting the needs and align with the CJS. Capacity building for data collection in each jurisdiction and standardization of definitions are critical elements of this work. It is fundamental to the success of RJ that the importance of research and data be recognized as providing important information and knowledge to guide development and implementation of RJ programs. Toggle navigation Canadian Intergovernmental Conference Secretariat.

Restorative Justice — Key Elements of Success. Recommendation 1: Recognition of RJ as an investment in an effective and efficient CJS The effective implementation of RJ processes has been recognized as a meaningful and efficient way of contributing to a just, peaceful and safe society. Recommendation 2: Endorsement of the guiding principles and goals being applied nationally to ensure that a restorative approach starts the transformation of the criminal justice system to being more effective and just Restorative Principles Principles are the values which should be kept at the forefront when accelerating the use of RJ — they are the reference points which shape the approach.

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3 elements of justice

Safety and Respect - concerned with safety and well-being of participants; culturally responsive. Flexible - flexible practices that consider histories, contexts, causes and circumstances of harms and impacts. Accountability - transparent, publicly shared outcomes and system accountability, promotes individual and societal accountability and responsibility. Transformation - forward-focused, problem-solving, preventative and proactive; seeking to respond to the range of harms and impacts to all affected in an effort to restore just relations between individuals, groups and communities.

Goals for Restorative Justice Goals are how we define success. The CJS should achieve public safety and prevent further harms from occurring to vulnerable individuals and communities and reduce reliance on incarceration and reduce over-representation of Indigenous and marginalized individuals in the justice system; consider systemic factors and root causes of crime and seek meaningful outcomes.

Increase access to justice - ensure initiatives based on RJ principles are accessible for consideration at all stages of the justice system and in all communities and support culturally relevant RJ programs designed and delivered by Indigenous communities as appropriate. Contribute to and support safe and strong communities: attend to cultural and spiritual safety of participants.

Increase public confidence and accountability in the administration of justice: by enhancing community engagement, leadership and partnership in responding to conflicts and addressing harm connected to crime. Hold the offender accountable in a meaningful way. A formal structure could be a RJ committee which includes: Participation of a cross-section of system stakeholders e. Crown, Police, Judge, Legal Aid, corrections, victim services, RJ agencies, those that serve marginalized communities , Indigenous peoples and community members i.

Participants with the sufficient authority to design, implement, and provide ongoing oversight of RJ e. Ongoing evaluation, accountability, education and training.


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  8. Protocols should contemplate RJ principles and goals as a comprehensive justice pathway — as a fundamental part of the criminal justice response and not merely an alternative measure. Consider and respond to issues raised by stakeholders, including the referral and consideration of cases at all stages of the CJS: pre-charge, post-charge, pre-sentence, post-sentence, and re-integration.

    Strengthening the quality of practice in accordance with nationally recognized Principles and Guidelines for Restorative Justice Practice in Criminal Matters

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