Fairness on the Day after Tomorrow: Justice, Reciprocity and Global Climate Change

Climate change raises important questions of global distributive justice, which can be defined as the issue of how benefits and burdens should be distributed within and between generations. This article addresses two conceptual issues that underpin the relationship between climate change and the part of distributive justice concerned with the entitlements of future persons. The first is the role of reciprocity, conceived either as mutual advantage or fair play, in the allocation of distributive entitlements between generations. The second is the extent to which theories of 'justice as reciprocity' can ground duties of intergenerational justice that underpin radical policies to manage the causes and impacts of global climate change. I argue that theories of justice as fair reciprocity generate significant duties of environmental conservation, despite these duties not being owed directly to the not-yet-born.     

全球正义与资源平等——浅论斯戴纳的资源平等观

当前对全球正义的讨论主要分为民族主义和世界主义两大阵营,民族主义者反对无上限的全球援助,世界主义者出于不同的立场对他们进行了批评。斯戴纳(Hillel Steiner)作为世界主义者,从资源的角度出发,认为富人有义务援助穷人。在他看来,民族主义者声称对领土内的自然资源有所有权是不成立的。自然资源作为一种运气并且作为一项基本人权,每个人对此都应有平等的份额。因而,资源占有超过平等份额的人应当对资源占有不足平等份额的人进行补偿,这是一种正义的义务。     

Global Justice and the Distribution of Natural Resources

What should a political theorist say about the justice of the global distribution of natural resources? One issue is whether principles of distributive justice should be applied globally, and this has been debated between nationalists and cosmopolitans. A second, though, is how the category of 'natural resources' should be conceived in relation to other distributable goods. This has not adequately been addressed even by theorists of global justice who expressly focus on natural resources. In particular, neither Charles Beitz's argument for a natural resources redistribution principle nor David Miller's argument against works with a satisfactory account of how the physical distribution of resources relates to the distribution of their economic value. A more satisfactory account can be developed from the perspective of ecological economics as inspired by Nicholas Georgescu-Roegen. From this perspective, global inequalities in the command of natural resources can be viewed with the clarity that a normative theory of their justice requires. If natural resources are re-conceptualised in terms of 'ecological space', Beitz's argument can be recast and vindicated. The re-conceptualisation is necessary to overcome the problems with the original version, as is shown by reference to the existing alternative formulations of Hillel Steiner and Thomas Pogge.     

Transitional Justice and Peacebuilding after Mass Violence

¹Since the end of the Cold War, the international communityhas become increasingly involved in peacebuilding and transitionaljustice after mass violence. This article uses lessons frompractical experience and theories of peacebuilding and transitionaljustice to develop a model of transformative justice that supportssustainable peacebuilding. This model is holistic and transdisciplinaryand proposes a focus on civil society participation in the designand implementation of transitional justice mechanisms. It requiresus to rethink our focus on ‘transition’ as an interimprocess that links the past and the future, and to shift itto ‘transformation,’ which implies long-term, sustainableprocesses embedded in society and adoption of psychosocial,political and economic, as well as legal, perspectives on justice.It also involves identifying, understanding and including, whereappropriate, the various cultural approaches to justice thatcoexist with the dominant western worldview and practice. Asyncretic approach to reconciling restorative and retributivejustice is proposed as a contribution to developing transformativejustice and sustainable peacebuilding. The development of thistransformative justice model is informed by field research conductedin Cambodia, Rwanda, East Timor and Sierra Leone on the viewsand experiences of conflict participants in relation to transitionaljustice and peacebuilding.     

从作为公平的正义到基于道德性的正义

罗尔斯的正义理论并不是从原初状态出发,而是从更深的基础:人性的道德权利出发,进而来保证自由平等权利的赋予以及作为公平的正义的实现,从这个基础上来理解作为公平的正义实质上便是基于道德性的正义。     

Movement Outcomes and Movement Decline: The Vietnam War and the Antiwar Movement

Conventional accounts underestimate the duration and impact of the movement against the Vietnam War. Data from the New York Times Index show more arrests in antiwar protests in 1972 than in the years usually considered the height of the movement; demonstrations continued until a week before the end of the war. The persistence of the movement strengthens claims it succeeded. While those who minimize movement influence assume it had to be popular to succeed, it had a direct impact on policy makers uncertain about future trends in public opinion and electoral behavior. The movement changed the discourse about, and the conduct of, the war, restraining escalation and accelerating troop withdrawals. Comparing Nixon's goals and those of the movement with the Paris Peace Accords shows the success of the movement. The movement also helped lower the voting age, reform the presidential nominating system, and change attitudes towards military action.     

The Anti-Poll Tax Movement: a Pressure Movement?

The anti-poll tax campaign has been the subject of scant empirical or theoretical analysis. One explanation lies in the difficulty of locating the campaign within existing theories of pressure groups or social movements. This article argues for the creation of a distinct model of protest, based upon the concept of a pressure movement, to explain a campaign that was single-issue, decentralised, non-hierarchical and variable according to location. Distinctions between pressure groups and social movements have become increasingly arbitrary with the rise of groups lacking formalised membership. Pressure movements are thus likely to form key contestatory actors in future years.     

关于公共利益原则的宪法正当性

宪法视域中的正当性问题是以宪法文本的正当性为前提、以宪政的价值判断为主线展开的。公共利益原则的宪法正当性主要涉及公共利益原则的宪法表现形式、公共利益原则的价值判断标准、公共利益原则的宪政制度设计等问题。研究公共利益原则的宪法正当性,对于我国立法、行政和司法机关具体适用此原则具有重要的现实意义。     

The Conceptual History of Social Justice

Social justice is a crucial ideal in contemporary political thought. Yet the concept of social justice is a recent addition to our political vocabulary, and comparatively little is known about its introduction into political debate or its early theoretical trajectory. Some important research has begun to address this issue, adding a valuable historical perspective to present-day controversies about the concept. This article uses this literature to examine two questions. First, how does the modern idea of social justice differ from previous conceptualisations of justice? Second, why and when did social justice first emerge into political discourse?     

The Pro-Life Movement in Japan

The birth rate in Japan is among the lowest in the world. But what about the abortion rate? This essay examines changes in abortion practice in Japan over time, and especially after WWII and the passage of the 1948 Eugenic Protection Law, comparing the influence of Buddhism, Protestantism, and Catholicism on the practice of abortion in Japan. This essay takes a particular look at the career of Dr. Kikuta Noboru, who helped revolutionize Japanese adoption laws after his conversion to Christianity.