Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice—where both the victims and perpetrators are long dead—cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.

Learn how to enact justice-oriented pedagogy and foster students’ critical engagement in today’s history classroom. Over the past 2 decades, various scholars have rightfully argued that we need to teach students to “think like a historian” or “think like a democratic citizen.” In this book, the authors advocate for cultivating activist thinking in the history classroom. Teachers can use Teaching History for Justice to show students how activism was used in the past to seek justice, how past social movements connect to the present, and how democratic tools can be used to change society. The first section examines the theoretical and research foundation for “thinking like an activist” and outlines three related pedagogical concepts: social inquiry, critical multiculturalism, and transformative democratic citizenship. The second section presents vignettes based on the authors’ studies of elementary, middle, and high school history teachers who engage in justice-oriented teaching practices. Book Features: Outlines key components of justice-oriented history pedagogy for the history and social studies K–12 classroom.Advocates for students to develop “thinking like an activist” in their approach to studying the past.Contains research-based vignettes of four imagined teachers, providing examples of what teaching history for justice can look like in practice.Includes descriptions of typical units of study in the discipline of history and how they can be reimagined to help students learn about movements and social change.

This book examines how historical narratives of mass atrocites are constructed and contested within international criminal courts. In particular, it looks into the important question of what tends to be foregrounded, and what tends to be excluded, in these narratives.

A Brief History of Justice traces the development of the idea of justice from the ancient world until the present day, with special attention to the emergence of the modern idea of social justice. An accessible introduction to the history of ideas about justice Shows how complex ideas are anchored in ordinary intuitions about justice Traces the emergence of the idea of social justice Identifies connections as well as differences between distributive and corrective justice Offers accessible, concise introductions to the thought of several leading figures and schools of thought in the history of philosophy

Born into an elite Boston family and a graduate of both Harvard College and Harvard Law School, white Massachusetts aristocrat Wendell Phillips’s path seemed clear. Yet he rejected his family’s and society’s expectations and gave away most of his great wealth by the time of his death in 1884. Instead he embraced the most incendiary causes of his era and became a radical advocate for abolitionism and reform. Only William Lloyd Garrison rivaled Phillips’s importance to the antislavery and reform movements, and no one equaled his eloquence or intellectual depth. His presence on the lecture circuit brought him great celebrity both in America and in Europe and helped ensure that his reputation as an advocate for social justice extended for generations after his death. In Wendell Phillips, Social Justice, and the Power of the Past, the world’s leading Phillips scholars explore the themes and ideas that animated this activist and his colleagues. These essays shed new light on the reform movement after the Civil War, especially regarding Phillips’s sustained role in Native American rights and the labor movement, subjects largely neglected by contemporary historical literature. In this collection, Phillips’s views on matters related to race, ethnicity, gender, and class serve as a lens through which the contributors examine crucial social justice questions that remain powerful to this day. Tackling a range of subjects that emerged during Phillips’s career, from the effectiveness of agitation, the dilemmas of democratic politics, and antislavery constitutional theory, to religion, violence, interracial friendships, women’s rights, Native American rights, labor rights, and historical memory, these essays offer a portrait of a man whose deep sense of fairness and justice shaped the course of American history.

Historical Justice and Memory highlights the global movement for historical justice—acknowledging and redressing historic wrongs—as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.

An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.

In the second edition of this popular book, the author has thoroughly updated his analysis of the history of American criminal justice, exploring the tension between popular passions and the rule of law. Surveying the topic from the colonial era to the present day, Walker examines changing patterns in criminal activity, the institutional development of the system of criminal justice, and the major issues concerning the administration of justice. Comprehensive and concise, this book is the best single volume treatment of American criminal justice.

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.

One of the most acclaimed and best political biographies of its time, Justice for All is a monumental work dedicated to a complicated and principled figure that will become a seminal work of twentieth-century U.S. history. In Justice for All, Jim Newton, an award-winning journalist for the Los Angeles Times, brings readers the first truly comprehensive consideration of Earl Warren, the politician-turned-Chief Justice who refashioned the place of the court in American life through landmark Supreme Court cases whose names have entered the common parlance -- Brown v. Board of Education, Griswold v. Connecticut, Miranda v. Arizona, to name just a few. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton explores a fascinating angle of U.S. Supreme Court history while illuminating both the public and the private Warren.