scholarly journals The Domain of Distributive Justice: Personal Choices, Institutions, States of Affairs

2012 ◽  
Vol 8 (1) ◽  
Author(s):  
Alistair MacLeod

This article examines G.A. Cohen’s celebrated critique of the Rawlsian doctrine of “the basic structure as subject.” Cohen describes the principal difference between his and Rawls’s view of “the site of distributive justice” – that is, of “the sorts of items to which principles of distributive justice apply” – by claiming that whereas in his view “both just rules and just personal choice within the framework set by just rules are necessary for distributive justice,” the Rawlsian view is that “distributive justice and injustice are features of the rules of the public order alone.” Despite the acuteness of Cohen’s criticisms of the Rawlsian positions he targets, there are important strands in Rawls’s view of the domain within which judgments of distributive justice can be made that are not adequately reflected in these positions. When these ambiguities in Rawls’s writings are given due weight, it emerges that the similarities between the views Rawls and Cohen take of the task of a theory of distributive justice are more striking than the differences. The only major difference, arguably, concerns the status of judgments about the “personal choices” the members of a society must make when their options are unconstrained by just institutional rules – that is, when the alternatives they can opt for are neither required nor prohibited by these rules. For Rawls these are choices they are at liberty to make in any way they please. According to Cohen, however, at least some of these choices must be made by direct appeal to the principles of distributive justice that underpin just institutional rules. Cet article analyse la critique justement célèbre par G.A. Cohen’s de la doctrine de Rawls concernant « la structure de base comme sujet ». Cohen décrit la différence principale entre son point de vue et celui de Rawls sur « le lieu de la justice distributive » -- c’est à dire les « types d’objets auxquels les principes de justice distributive s’appliquent » -- en soulignant que, tandis que pour lui, « les règles justes et les choix personnels justes dans le cadre de règles justes sont nécessaires pour la justice distributive », pour Rawls « la justice distributive et l’injustice sont des résultantes des seules règles d’ordre public ». Malgré la pertinence de la critique par Cohen de cette position de Rawls, certaines réflexions de Rawls quant au domaine de validité des jugements de justice distributive ne s’y conforment pas pleinement. Quand ces ambigüités des écrits de Rawls sont évaluées à leur juste mesure, il émerge que les similarités entre les visions que de Rawls et de Cohen sur les enjeux d’une théorie de la justice distributive sont plus frappantes que les différences. La seule différence majeure, peut-être, concerne le statut des jugements à propos des « choix personnels » que les membres d’une société doivent prendre quand ces options ne sont pas contraintes par des règles institutionnelles justes – c’est à dire, quand les alternatives parmi lesquelles ils peuvent choisir ne sont ni requises ni interdites par ces règles. Pour Rawls, ce sont des choix qu’ils sont libres de faire comme il leur plait. Chez Cohen, en revanche, certains de ces choix au moins nécessitent de se référer directement aux principes de justice distributive qui sous-tendent des règles institutionnelles justes.

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Matt Matravers

AbstractThis paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no


2018 ◽  
Vol 2 (3) ◽  
pp. 111
Author(s):  
Aswindar Adhi Gumilang ◽  
Tri Pitara Mahanggoro ◽  
Qurrotul Aini

The public demand for health service professionalism and transparent financial management made some Puskesmas in Semarang regency changed the status of public health center to BLUD. The implementation of Puskesmas BLUD and non-BLUD requires resources that it can work well in order to meet the expectations of the community. The aim of this study is to know the difference of work motivation and job satisfaction of employees in Puskesmas BLUD and non-BLUD. Method of this research is a comparative descriptive with a quantitative approach. The object of this research are work motivation and job satisfaction of employees in Puskesmas BLUD and non-BLUD Semarang regency. This Research showed that Sig value. (P-value) work motivation variable was 0.019 smaller than α value (0.05). It showed that there was a difference of work motivation of employees in Puskemas BLUD and non-BLUD. Sig value (P-value) variable of job satisfaction was 0.020 smaller than α value (0.05). It showed that there was a difference of job satisfaction of BLUD and non-BLUD. The average of non-BLUD employees motivation were 76.59 smaller than the average of BLUD employees were 78.25. The average of job satisfaction of BLUD employees were 129.20 bigger than the average of non-BLUD employee were 124.26. Job satisfaction of employees in Puskesmas BLUD was higher than non-BLUD employees.


Author(s):  
Yaroslav Skoromnyy ◽  

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.


Author(s):  
Aga Skrodzka

This article argues for the importance of preserving the visual memory of female communist agency in today’s Poland, at the time when the nation’s relationship to its communist past is being forcefully rearticulated with the help of the controversial Decommunization Act, which affects the public space of the commons. The wholesale criminalization of communism by the ruling conservative forces spurred a wave of historical and symbolic revisions that undermine the legacy of the communist women’s movement, contributing to the continued erosion of women’s rights in Poland. By looking at recent cinema and its treatment of female communists as well as the newly published accounts of the communist women’s movement provided by feminist historians and sociologists, the project sheds light on current cultural debates that address the status of women in postcommunist Poland and the role of leftist legacy in such debates.


2013 ◽  
Vol 380-384 ◽  
pp. 4667-4670
Author(s):  
Meng Jie Wang

This paper analyzes the status quo of Chinese Universities logistics management information system; using the Struts framework based on J2EE university logistics management information system, and the basic structure of the system, the main features integral part of, the main function analysis; combination of university logistics management the actual analysis of the information system client Web layer, business layer, data layer is designed to build stability, flexibility and scalability, easy maintenance of university logistics management information system, and enhance the logistical support capabilities, strengthening the logistics market management, improve work efficiency.


2017 ◽  
Vol 20 (1) ◽  
pp. 45-66 ◽  
Author(s):  
Laura Valentini

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls's natural duty ‘to further just arrangements not yet established’, treating it as a ‘normative bridge’ between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo is due to non-compliance, the less demanding the natural duty of justice becomes. I conclude that, in non-ideal circumstances, the bulk of the normative work is done by another natural duty: that of beneficence. This conclusion has significant implications for how we conceptualize our political responsibilities in non-ideal circumstances, and cautions us against the tendency – common in contemporary political theory – to answer all high-stakes normative questions under the rubric of justice.


2017 ◽  
Vol 43 (4) ◽  
pp. 142-146 ◽  
Author(s):  
Ugo FALCHI

The final goal of this paper was to fix a brief summary on the status of geographic information in Italy due to the technological steps and national regulations. The acquisition, processing and sharing of spatial data has experienced a significant acceleration thanks to the development of computer technology and the acknowledgment of the need for standardization and homogenization of information held by pub­lic authorities and individuals. The spatial data represents the essential knowledge in the management and development of a territory both in terms of planning for safety and environmental prevention. In Italy there is an enormous heritage of spatial information which is historically affected by a problem of consistency and uniformity, in order to make it often contradictory in its use by the public decision-maker and private par­ties. The recent history of geographic information is characterized by a significant effort aimed at optimiz­ing this decisive technical and cultural heritage allowing the use of it to all citizens in a logic of sharing and re-use and may finally represent a common good available to all.


2017 ◽  
Vol 41 (1) ◽  
pp. 46-65
Author(s):  
Mary Varghese ◽  
Kamila Ghazali

Abstract This article seeks to contribute to the existing body of knowledge about the relationship between political discourse and national identity. 1Malaysia, introduced in 2009 by Malaysia’s then newly appointed 6th Prime Minister Najib Razak, was greeted with expectation and concern by various segments of the Malaysian population. For some, it signalled a new inclusiveness that was to change the discourse on belonging. For others, it raised concerns about changes to the status quo of ethnic issues. Given the varying responses of society to the concept of 1Malaysia, an examination of different texts through the critical paradigm of CDA provide useful insights into how the public sphere has attempted to construct this notion. Therefore, this paper critically examines the Prime Minister’s early speeches as well as relevant chapters of the socioeconomic agenda, the 10th Malaysia Plan, to identify the referential and predicational strategies employed in characterising 1Malaysia. The findings suggest a notion of unity that appears to address varying issues.


2016 ◽  
Vol 5 (1) ◽  
pp. 5-23
Author(s):  
Miomir Jakšić

Abstract The article discusses the status and role of regulatory bodies and the aftermaths of their independence and accountability to the public and the parliament. The author analyses different legal statuses of regulatory bodies in Montenegro and Serbia in the central banking and energy sectors and concludes that it is necessary that national constitutions, as the highest legal acts in each state, prescribe in a separate article that “Regulatory bodies are independent and accountable to Parliament”. Relevant separate legal acts should closely define the procedures for establishing, enforcing, and sanctioning of possible breaching of: 1) independence of regulatory bodies, 2) accountability of regulatory bodies to the parliament, and 3) transparency of their activities.


PEDIATRICS ◽  
1949 ◽  
Vol 4 (6) ◽  
pp. 839-845

The eloquent statement on the status of Negro medical care and education in the United States by the eminent anatomist, Dr. W. Montague Cobb (Brown America's Medical Diaspora: A Paradox of Democracy, in The Pediatrician and The Public, Pediatrics 3:854, 1949) requires the attention of all physicians interested in the distribution of medical care. Although pediatricians cannot begin to assume responsibility for this entire problem, it is possible to demonstrate leadership in the same manner in which the Academy study of infant and child health services provided leadership to the profession and the public. We refer specifically to an extension of training facilities in pediatrics for Negro physicians. Certainly 15 certified Negro pediatricians in a country with 14,000,000 Negro people represents a serious discrepancy in the distribution of training facilities. Admittedly most of the problem has its origin in the distribution of training facilities for undergraduate students and the basic problems responsible for this situation. However, we have observed—as has Dr. Cobb—that many Negro physicians desiring training in pediatrics (as well as other specialties) are discouraged from applying for training because of what seems to be a dearth of positions open to them. It has been our impression, however, that many centers would consider Negroes for training appointments if qualified applicants applied. Would it not be advisable, therefore, for the American Board of Pediatrics to circularize the approved training centers in pediatrics in order to establish a roster of those centers which would consider Negro applicants for training positions?


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