Measuring Justice


Book Description

This book brings together a team of leading theorists to address the question 'What is the right measure of justice?' Some contributors, following Amartya Sen and Martha Nussbaum, argue that we should focus on capabilities, or what people are able to do and to be. Others, following John Rawls, argue for focussing on social primary goods, the goods which society produces and which people can use. Still others see both views as incomplete and complementary to one another. Their essays evaluate the two approaches in the light of particular issues of social justice - education, health policy, disability, children, gender justice - and the volume concludes with an essay by Amartya Sen, who originated the capabilities approach.




The Oxford Handbook of Justice in the Workplace


Book Description

Justice is everyone's concern. It plays a critical role in organizational success and promotes the quality of employees' working lives. For these reasons, understanding the nature of justice has become a prominent goal among scholars of organizational behavior. As research in organizational justice has proliferated, a need has emerged for scholars to integrate literature across disciplines. Offering the most thorough discussion of organizational justice currently available, The Oxford Handbook of Justice in the Workplace provides a comprehensive review of empirical and conceptual research addressing this vital topic. Reflecting this dynamic and expanding area of research, chapters provide cutting-edge reviews of selection, performance management, conflict resolution, diversity management, organizational climate, and other topics integral for promoting organizational success. Additionally, the book explores major conceptual issues such as interpersonal interaction, emotion, the structure of justice, the motivation for fairness, and cross-cultural considerations in fairness perceptions. The reader will find thorough discussions of legal issues, philosophical concerns, and human decision-making, all of which make this the standard reference book for both established scholars and emerging researchers.




Measuring Judicial Activism


Book Description

'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.




A Handbook for Measuring the Costs and Quality of Access to Justice


Book Description

This handbook was developed by the Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (The Netherlands). It offers practical information on the use of a methodology for measuring the cost and quality of paths to justice, from the perspective of users. How do clients of justice systems like the way in which their needs and concerns are voiced? Do they feel they received sufficient information about the procedure? Do they think the outcome was fair and did it help to solve their problem? Do they think the procedure was a value for their money? How much time did they spend? This methodology provides answers to such questions so that citizens using the justice system can voice their needs and providers of justice services can improve their processes.




Ordinary Injustice


Book Description

From an award-winning lawyer-reporter, a radically new explanation for America’s failing justice system The stories of grave injustice are all too familiar: the lawyer who sleeps through a trial, the false confessions, the convictions of the innocent. Less visible is the chronic injustice meted out daily by a profoundly defective system. In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to any reform. Full of gripping human stories, sharp analyses, and a crusader’s sense of urgency, Ordinary Injustice is a major reassessment of the health of the nation’s courtrooms.




How to Measure the Quality of Judicial Reasoning


Book Description

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.







Measuring Up in Education


Book Description

Cultures of measurement are often considered to dominate educational practices, to the degree that, as Biesta (2010) has identified in Good Education in an Age of Measurement we no longer measure what we value, but rather we have become conditioned to value what is measured. A clear example of this occurs when institutions and staff "teach to the test" by emphasising narrow conceptions of learning and of knowledge, simply because the consequences of high-stakes assessments have important implications regarding funding, resources, and even tenure. This collection explores, via various philosophical means, how valuable educational practices can occur within and beyond cultures of measurement. What seems to be required is for practitioners in education to regain their relationship to the overall purposes of education, such as the furthering of justice and democracy for both individual students and societies as a whole. Such a reconnection has the potential to re-humanise curricular experiences for students, which may have become dehumanised through particular cultures of measurement. It is argued that certain legitimate measures can advance justice and democracy, and so careful attention must be assigned to their validity and value. This book was originally published as a special issue of Educational Philosophy and Theory.




Labour Justice


Book Description

Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.




Measuring Culture


Book Description

Social scientists seek to develop systematic ways to understand how people make meaning and how the meanings they make shape them and the world in which they live. But how do we measure such processes? Measuring Culture is an essential point of entry for both those new to the field and those who are deeply immersed in the measurement of meaning. Written collectively by a team of leading qualitative and quantitative sociologists of culture, the book considers three common subjects of measurement—people, objects, and relationships—and then discusses how to pivot effectively between subjects and methods. Measuring Culture takes the reader on a tour of the state of the art in measuring meaning, from discussions of neuroscience to computational social science. It provides both the definitive introduction to the sociological literature on culture as well as a critical set of case studies for methods courses across the social sciences.