Can justice be achieved for slave descendents in Mauritius?

This article discusses challenges to achieving justice for slave descendents in Mauritius 177 years after the abolition of slavery. It reflects on the 2009 institution of a Truth and Justice Commission (TJC) in Mauritius to investigate the legacies of slavery and indentured labour. It is argued that time, the ethnic and cultural complexity of Mauritius as well as the TJC itself makes it difficult for Mauritians to achieve restorative justice for slave descendents. Reviewing transitional and restorative justice, the article argues that the Mauritius case study is potentially useful to reflections on the issue of social justice for ancient atrocities and for reflections on the challenges of reparations in complex and democratic societies. It concludes that the greater participation of civil society is required in decisions regarding reparations and that such decisions need to be grounded in contemporary and democratic approaches to achieving justice and the protection of human rights.     

Dialogues of the War on Drugs: towards restorative reentry initiatives

The injustices of mass incarceration and the ‘War on Drugs’ are a much debated topic in the United States. My project engages this thematic field by examining how formerly incarcerated people discuss the War on Drugs and mass incarceration. I analyze the narratives of 17 formerly incarcerated men who volunteered to participate in: (1) life story interviews, (2) focus groups and (3) semi-structured interviews. Both restorative justice and reentry have been criticized for failing to consider the social, structural, and historical inequalities for marginalized groups. I contend that my subjects’ engagement with historical and autobiographical narratives contributes to an innovative practice borrowing from restorative justice in the context of reentry. The preliminary results confirm that for those who were on the frontline of the War on Drugs, narrating their life story was a cathartic experience and discussing collective memories of slavery and Jim Crow in a group setting became an educational moment and reaffirmed the need to rethink this history. I found the older generation believes the past should be remembered and racism still exists, while the younger generation subscribes to a colorblind view of society and wants to move on.     

“Experts by Experience”: The Involvement of Service Users and Families in Designing and Implementing Innovations in Family Justice

Drawing on international research, policy, and practice, this article explores what is meant by service user involvement, how it has developed, and how it has been implemented across different areas of practice. Using examples from across the health and social care fields, it reflects on how the learning from other areas of practice in which service user involvement has been successful may be applied to the family justice field. The arguments presented highlight the value of taking a bottom‐up approach in designing and implementing innovations in family justice, which would embrace the views of family members, including children, as ‘service users.’ It is important, however, to balance both the challenges and the opportunities offered by involving those who are ‘experts by experience’ in the family justice processes, in order to lead to improved services and experiences.     

Habermas on Democracy and Justice. Limits of a Sound Conception

Abstract . The author outlines limitations of the explanation capacity of Habermas's Discourse Philosophy, because of its problematic presuppositions. The main topics discussed are: (i) the legitimacy of legal systems; (ii) Habermas's concept of democracy; (iii) his theory of justice. Legitimacy cannot be based only on discourse processes, but it has to be defined by international law. Discourses in society are essential for democratic systems, but the discourses by themselves do not guarantee the optimal result as discourses may be disturbed by deceptive propaganda, by prejudices or by wrong political slogans. It is not convincing that discourse procedures guarantee impartiality and justice nor that in discourses better arguments always prevail.     

Crime and punishment in Rwanda

In 1994 Rwanda was devastated by genocide that killed hundreds of thousands of people and destroyed the country’s infrastructure. The credibility of the criminal justice system was questioned following the genocide because it had failed to stop the slaughter and may have contributed to it. In order to address these concerns, Rwanda rebuilt its criminal justice system in light of its history and troubled past. The success of the reestablishment may be debated but there can be no question that Rwanda had a tabula rasa with which to form an effective criminal justice system. Examining the law details the ideals of the criminal justice system as established post-genocide. These ideals exemplify the democratic process. Examining current events allows for a practical assessment of the success of the new system. In both theory and practice the country’s criminal justice system has changed drastically since 1994.     

Labour Constitutions and Occupational Communities: Social Norms and Legal Norms at Work

This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology – Max Weber's ‘labour constitution’ and Seymour Martin Lipset's ‘occupational community’ – it focuses on possibilities for the emergence, within groups of workers, of shared normative beliefs concerning ‘industrial justice’ (Selznick); for collective solidarity and agency; for the transformation of shared beliefs into legally binding norms; and for the enforcement of those norms. If labour law is currently in ‘crisis’, then a promising route out of the crisis, we argue, is for the law to recover its procedural focus, facilitating and encouraging these processes.     

Where the Action Is: Macro and Micro Justice in Contract Law

In contemporary private law theory the relationship between ‘macro’ theories of distributive justice and the ‘micro’ site of interpersonal transactions remains under-explored. In this paper, I draw on the ‘macro’ theory of justice articulated by John Rawls and offer an account of ‘micro contractual justice’ that helps us understand how the micro domains of contracting introduce particular relational constraints on the infusion of distributive considerations into contract law, resulting in constrained conception of ‘relational Rawlsianism’ operating in contractual domains. My framework provides a bridge between the macro and micro, helping us understand how they are in various senses separate yet interlocking, and also provides a ‘third way’ between all or nothing positions on the place of distributive justice in contract.     

Terrorizing Criminal Law

The essays in Waldron’s Torture, Terror, and Trade-Offs have important implications for debates about the criminalization of terrorism and terrorism-related offences and its consequences for criminal law and criminal justice. His reflections on security speak directly to contemporary debates about the preventive role of the criminal law. And his analysis of inter-personal security trade-offs invites much closer attention to the costs of counter-terrorism policies, particularly those pursued outside the criminal process. But is Waldron right to speak of a ‘welcome the return to the criminal justice model’? This article considers the arguments in favour of prioritizing the prosecution of terrorist suspects and asks if their prosecution can safely proceed without undue hazard to the criminal law and criminal process.     

Badges of Modern Slavery

Notwithstanding the 19^th century formal abolition of slavery as legal ownership of people, modern slavery and forced labour have not been consigned to the past. In fact, their existence is more widespread, and made more difficult to tackle due to the lack of formal, legal criteria. This article suggests that reference to historical institutions reveals seven ‘badges of slavery’ that are helpful in identifying occurrences of modern slavery and forced labour. These are: humiliation, ownership of people, exploitation of the vulnerable, lack of consent, terms and conditions of employment, limits on the power to end the employment relationship, and denial of rights outside the work relationship. These constitute modern slavery, and distinguish it from other instances of exploitative employment relations, however problematic. In addition, even where the label of modern slavery is misplaced, the identification of particular badges of slavery in contemporary employment relations may assist in highlighting their troubling facets.     

The Hermeneutic of Suspicion in Contemporary American Legal Thought

This article explores the ‘hermeneutic of suspicion’ that seems to drive contemporary American jurists to interpret their opponents’ arguments to be ideologically motivated wrong answers to legal questions. The first part situates the hermeneutic in the history of the critique of legal reasoning, in public and private law, particularly the critique that claims that ‘no right answer is possible’ to many high-stakes questions of legal interpretation. The second part locates the hermeneutic in the long running processes of juridification, judicialization and constitutionalization that characterize law in modern society. The last part interprets the hermeneutic as ‘projective identification’, in the sense of Freud’s analysis of jealousy, with the jurist solving the problem of role conflict by firmly externalizing the inevitable ideological element in doing justice onto his opponent while preserving the legalist element in doing justice for himself.     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

法律与道德：正义的法哲学及其发展——以瑞特纳帕拉法学思想研究为核心

正义的概念和范畴,在持不同理论立场的思想家眼中呈现出不同的样态,引发了人们对正义是否是一个值得法理学研究的对象这一问题的深刻思考。瑞特纳帕拉(Suri Ratnapala)通过对法律是什么、为何以及如何遵守法律的法哲学演进的梳理和追问,独创性地区分"依法的正义"和"法律的正义"两种概念,对于法律与道德以及正义的法哲学内核做出了当代诠释和发展。所谓"依法的正义",是指法律是实现正义的手段和工具;"法律的正义",则指特定法律的正义性或道德正当性。但是,只有个体间认知的耦合,才会导致关于正义行为的道德规则的汇聚和产生,因而正义的实现其实就是对以人类经验积累的方式得以建立的基本行为规范的遵守。不同正义理论的建构,旨在使我们共同走向一个美好的理想——运用法律手段建构一种适于人类生活和自由全面发展的社会秩序。     

The dilemma of ‘racial profiling’: an abolitionist police history#

While the conquest of the world by the concept of ‘racial profiling’ was a major victory for activists, real victory for racial justice at the hands of the police was foreclosed, for the notion is a Trojan Horse. Snuck inside this term developed for radical purposes are distinctly conservative propositions. This paper analyzes the ways the individualizing implications of the concept of racial profiling mask the depth and reach of the state’s commitment to containing resistance and eliciting consent by deploying technologies of race. Against ‘racial profiling’s’ suggestion of incidental, improper police practice, this essay offers a history of the U.S. police that shows their deep and abiding commitment to reproducing race and racism. Tracing police history in relation to colonialism and slavery, the essay argues that the history of this fundamental instantiation of state racism leaves no hope for successful reform, but rather demands a practical and thoughtful commitment to police abolition.     

Public Health as Social Justice? A Qualitative Study of Public Health Policy-Makers’ Perspectives

Social justice is often described as the ‘foundation of public health.’ Yet, outside of the theoretical literature the polysemous nature of the concept is rarely acknowledged. To complement recent contributions to normative theory specifically motivated by questions of social justice in public health, this study explores public health policy-makers’ perspectives on the meaning and role of social justice in their practice. This study involved twenty qualitative, semi-structured interviews with public health policy-makers recruited from two programmatic areas of public health [chronic disease prevention (CDP) and public health emergency preparedness and response (PHEPR)] within public health organizations in Canada. Participants’ perspectives appeared to be influenced by the perceived goals belonging to the programmatic area of public health in which they practiced. Those involved in PHEPR indicated that justice-based considerations are viewed as a ‘constraint’ on the aims of this area of practice, which are to minimize overall morbidity and mortality, whereas those involved in CDP indicated that justice-based considerations are ‘part and parcel’ of their work, which seeks primarily to address the unique health needs of (and thus, disparities between) population groups. The aims and activities of different programmatic areas of public health may influence the way in which social justice is perceived in practice. More ought to be done (in theory and in practice) to interrogate how the unique contributions that individual programmatic areas of public health can and should cohere in order to realize the broader aim that public health has as an institution to promote social justice.

     

Teaching Criminological Theory: The Power of Film and Music

Interest in utilizing pop culture as a means of teaching and enhancing students’ understanding of complex or abstract ideas in the classroom has increased over the course of the past decade. This includes the use of film, television, fiction books, the internet, and music. The fields of criminology and criminal justice have also increasingly noted the value of using such means to teach about atrocities such as state crime, transnational crime and corporate crimes as well as issues of inequality, racism, and classism. Film, music and television can also be great tools to enhance the understanding of and ability to apply criminological theory. Most articles that have focused on incorporating the use of a ‘popular criminology’ within the classroom, however, have concentrated on one form or another of ‘pop culture’ (i.e., film). This article seeks to add to the existing literature by providing an example of how the use of film combined with music can not only enhance undergraduate criminology and criminal justice students’ ability to grasp criminological theory and apply it in their everyday lives, but also can be utilized as tools for exams.     

‘Fear’ and ‘Hope’ in Graphic Fiction: The Schismatic Role of Law in an Australian Dystopian Comic

The rise in popularity in recent times of dystopian fiction (particularly among young adults) is reflective of contemporary anxieties about law: the inhumanity of judicial-coercive machinery; the influence of corporate power; the lack of democratic imagination despite the desperate need for political reform; and the threat of order imposed through violence and victimisation. These dystopian texts often tell fear-inducing stories of law’s failure to protect; or of law’s unsuccessful struggle against unbridled power; or even sometimes of law’s ‘bastardised’ reconstruction. Indeed comics, with their visual and narrative intricacies, thrive on dystopia as a key vehicle for contributing to collective notions of fear and trembling about the future. Yet, at the same time, these texts also contain within them the blueprints for hope—the idea that with transformation, heroic intervention, and/or faith in ‘justice’, the law will ultimately prevail. Law’s ability to be transformed is thus simultaneously portrayed as society’s downfall (when manipulated and disrupted), AND as the key to enlivening humanity (when redeemed and restored). This article attempts to understand this schismatic role of law as presented in the recent dystopian comic book series From Above by Australian creator Craig Bruyn. In this series set in futuristic Melbourne, where law has given way to an unaccountable corporate rule, the social divide is made manifest by the absence of ‘order’, ‘law’ and ‘justice’ in certain segments of society, and yet hope in law’s return is ever-present. The paper will interrogate expectations of law and justice that is mediated through the complex interaction of fear and hope, and contextualise this within current contemporary anxieties.     

Granting the Right to Vote for the European Parliament to Resident Third‐Country Nationals: Civic Citizenship Revisited

The EU grants rights to third‐country nationals (TCNs) and strives to approximate their rights to those of Union citizens. Up to now, the approximation has extended to social and economic matters. This article investigates whether political rights, notably voting rights for the European Parliament (EP), should also be approximated. To this end, the analysis applies Dahl's democratic principles of ‘coercion’ and ‘all affected interests’ as well as Bauböck's principle of ‘stakeholding’ to the position of TCNs in the EU. Against that background, it explores the relevance of arguments for and against granting TCNs the right to vote in European elections and submits that voting rights should be granted to long‐term resident TCNs. The author then proposes including TCN voting rights in the legal framework for EP elections and concludes by suggesting the use of the concept of civic citizenship to express political approximation of TCNs to EU citizens.     

The Strange Revival of Bicameralism

The turn of the twenty-first century witnessed a surprising reversal of the long-observed trend towards the disappearance of second chambers in unitary states, with 28 countries – all but one of them unitary – adopting the bicameral system. This article explores this development by first setting it in the context of the historical evolution of second chambers and the arguments that support bicameralism, and then exploring the characteristics that distinguish today's second chambers from first chambers. A ‘census’ of second chambers in 2014 is used to provide data on second chambers in federal and unitary states, to facilitate comparison with earlier data, and to distinguish between ‘new’ and longer-established second chambers. The article concludes that newly established second chambers are concentrated predominantly in political systems where liberal democratic principles are not established, suggesting that the debate over their role in democratic states is set to continue.     

Crafting public security: demilitarisation,penal state reform and security policy-making in post-authoritarian Chile

ABSTRACT

Here I dissect the institutionalisation of ‘citizen security’ as a category and sector of public policy in post-authoritarian Chile. Deploying a Bourdieusian field theory approach and questioning narratives of security policies as responses to criminality or adaptations to democratic values, I argue that the construction of a new security policy sector – with a new consensus (distinct from that of National Security), with reformed police and courts in its core, leaving aside the military and extending beyond traditional agencies – derives from (i) struggles over policing and criminal justice reforms, (ii) tensions between the military and democratic authorities in democracy and (iii) performative integrations of the new policy components. These mechanisms explain the evolution of the security problem and the progressive aggregation of bureaucratic agencies and methods to the ‘public security policy’ – policing, judiciary, urban design, prisons and prevention plans. I close discussing alternative accounts of institutional variations in security governance in the region.     

‘Fat cat’ lawyers and ‘illegal’ migrants: the impact of intersecting hostilities and toxic narratives on access to justice

ABSTRACT

This article examines how three spheres of hostility intersect to prevent effective access to justice for those living with insecure immigration status. The neoliberal governance model, the barren justice landscape and the hostile environment are supported by the cynical construction of the ‘fat cat’ lawyer and the toxic ‘folk devil’ narrative of the ‘bogus’ asylum seeker. To the extent that the judiciary have frustrated the more obvious, ideologically driven, attempts to restrict access to justice for migrants, the austerity predicated measures pursuant to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) have completely altered the legal landscape. The analysis is informed by the findings of the ‘Legal advice and support for persons with insecure status’ project (hereafter LAPIS) in Nottingham which explores the challenges faced by service providers and the lived experiences of those with insecurity of status. It is clear that access to justice is a passport to the realisation of other rights, yet participants struggled to access a remedy because legal advice is too often out of reach.