Justice is Conflict


Book Description

This text argues that there is an essential analogy between necessary conflicts in the minds of individuals and necessary conflicts in states and societies; and that this is the universal basis of procedural justice. The rational method of resolving these conflicts is the same, but conflict resolution in the state requires institutions, which have their own peculiar histories: hence the variety of outcomes. This is a new basis for political liberalism.




Interactive Justice


Book Description

Contemporary societies are riddled with moral disputes caused by conflicts between value claims competing for the regulation of matters of public concern. This familiar state of affairs is relevant for one of the most important debates within liberal political thought: should institutions seek to realize justice or peace? Justice-driven philosophers characterize the normative conditions for the resolution of value conflicts through the establishment of a moral consensus on an order of priority between competing value claims. Peace-driven philosophers have concentrated, perhaps more modestly, on the characterization of the ways in which competing value claims should be balanced, with a view to establishing a modus vivendi aimed at containing the conflict. Interactive Justice addresses an important question related to this debate: on what terms should the parties interact during their conflict for their interaction to be morally acceptable to them? Although largely unexplored by political philosophers, this is a main area of concern in conflict management. Building on a proceduralist interpretation of "relational" concerns of justice, the author develops a liberal normative theory of interactive justice for the management of value conflict in politics grounded in the fundamental values of fair hearing and procedural equality. This book innovatively builds a bridge between works in political philosophy and peace studies to propose a fresh lens through which to view the normative responses liberal institutions ought to give to value conflict in politics, and moves beyond the apparent dichotomy between pursuing end-state justice through conflict resolution or peace through conflict containment.




Conflict, Interdependence, and Justice


Book Description

Morton Deutsch is considered the founder of modern conflict resolution theory and practice. He has written and researched areas which pioneered current efforts in conflict resolution and diplomacy. This volume showcases six of Deutsch’s more notable and influential papers, and include complementary chapters written by other significant contributors working in these areas who can situate the original papers in the context of the existing state of scholarship.




Little Book of Conflict Transformation


Book Description

This clearly articulated statement offers a hopeful and workable approach to conflict—that eternally beleaguering human situation. John Paul Lederach is internationally recognized for his breakthrough thinking and action related to conflict on all levels—person-to-person, factions within communities, warring nations. He explores why "conflict transformation" is more appropriate than "conflict resolution" or "management." But he refuses to be drawn into impractical idealism. Conflict Transformation is an idea with a deep reach. Its practice, says Lederach, requires "both solutions and social change." It asks not simply "How do we end something not desired?", but "How do we end something destructive and build something desired?" How do we deal with the immediate crisis, as well as the long-term situation? What disciplines make such thinking and practices possible? A title in The Little Books of Justice and Peacebuilding Series.




Justice in Conflict


Book Description

What happens when the international community simultaneously pursues peace and justice in response to ongoing conflicts? What are the effects of interventions by the International Criminal Court (ICC) on the wars in which the institution intervenes? Is holding perpetrators of mass atrocities accountable a help or hindrance to conflict resolution? This book offers an in-depth examination of the effects of interventions by the ICC on peace, justice and conflict processes. The 'peace versus justice' debate, wherein it is argued that the ICC has either positive or negative effects on 'peace', has spawned in response to the Court's propensity to intervene in conflicts as they still rage. This book is a response to, and a critical engagement with, this debate. Building on theoretical and analytical insights from the fields of conflict and peace studies, conflict resolution, and negotiation theory, the book develops a novel analytical framework to study the Court's effects on peace, justice, and conflict processes. This framework is applied to two cases: Libya and northern Uganda. Drawing on extensive fieldwork, the core of the book examines the empirical effects of the ICC on each case. The book also examines why the ICC has the effects that it does, delineating the relationship between the interests of states that refer situations to the Court and the ICC's institutional interests, arguing that the negotiation of these interests determines which side of a conflict the ICC targets and thus its effects on peace, justice, and conflict processes. While the effects of the ICC's interventions are ultimately and inevitably mixed, the book makes a unique contribution to the empirical record on ICC interventions and presents a novel and sophisticated means of studying, analyzing, and understanding the effects of the Court's interventions in Libya, northern Uganda - and beyond.




Global Justice and Social Conflict


Book Description

Global Justice and Social Conflict offers a ground-breaking historical and theoretical reappraisal of the ideas that underpin and sustain the global liberal order, international law and neoliberal rationality. Across the 20th and 21st centuries, liberalism, and increasingly neoliberalism, have dominated the construction and shape of the global political order, the global economy and international law. For some, this development has been directed by a vision of ‘global justice’. Yet, for many, the world has been marked by a history and continued experience of injustice, inequality, indignity, insecurity, poverty and war – a reality in which attempts to realise an idea of justice cannot be detached from acts of violence and widespread social conflict. In this book Tarik Kochi argues that to think seriously about global justice we need to understand how both liberalism and neoliberalism have pushed aside rival ideas of social and economic justice in the name of private property, individualistic rights, state security and capitalist ‘free’ markets. Ranging from ancient concepts of natural law and republican constitutionalism, to early modern ideas of natural rights and political economy, and to contemporary discourses of human rights, humanitarian war and global constitutionalism, Kochi shows how the key foundational elements of a now globalised political, economic and juridical tradition are constituted and continually beset by struggles over what counts as justice and over how to realise it. Engaging with a wide range of thinkers and reaching provocatively across a breadth of subject areas, Kochi investigates the roots of many globalised struggles over justice, human rights, democracy and equality, and offers an alternative constitutional understanding of the future of emancipatory politics and international law. Global Justice and Social Conflict will be essential reading for scholars and students with an interest in international law, international relations, international political economy, intellectual history, and critical and political theory.




Justice, Responsibility and Reconciliation in the Wake of Conflict


Book Description

What are the moral obligations of participants and bystanders during—and in the wake of –a conflict? How have theoretical understandings of justice, peace and responsibility changed in the face of contemporary realities of war? Drawing on the work of leading scholars in the fields of philosophy, political theory, international law, religious studies and peace studies, the collection significantly advances current literature on war, justice and post-conflict reconciliation. Contributors address some of the most pressing issues of international and civil conflict, including the tension between attributing individual and collective responsibility for the wrongs of war, the trade-offs made between the search for truth and demands for justice, and the conceptual intricacies of coming to understand just what is meant by ‘peace’ and ‘conflict.’ Individual essays also address concrete topics including the international criminal court, reparations, truces, political apologies, truth commissions and criminal trials, with an eye to contemporary examples from conflicts in the Middle East, Africa and North and South America.​




Model Codes for Post-conflict Criminal Justice


Book Description

Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.




What Justice Demands


Book Description

In this book, Elan Journo explains the essential nature of the conflict, and what has fueled it for so long. What justice demands, he shows, is that we evaluate both adversaries—and America's approach to the conflict—according to a universal moral ideal: individual liberty. From that secular moral framework, the book analyzes the conflict, examines major Palestinian grievances and Israel's character as a nation, and explains what's at stake for everyone who values human life, freedom, and progress. What Justice Demands shows us why America should be strongly supportive of freedom and freedom-seekers—but, in this conflict and across the Middle East, it hasn't been, much to our detriment.




Land, Conflict, and Justice


Book Description

in territory and justice." --Book Jacket.