Sentencing Policy and Social Justice

2018 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Social Justice ◽  
Social Exclusion ◽  
Moral Values ◽  
Social Utility ◽  
Financial Crime ◽  
Moral Foundations ◽  
Irregular Migrants ◽  
The Social ◽  
Sentencing Policy ◽  
Public Disorder

The book argues that the promotion of social justice should become a key objective of sentencing policy. It rejects the idea that current forms of justice delivery can respond adequately to the social realities of social exclusion, discrimination, and poverty and their impact on criminality and victimization. Rather, it argues that a deeper understanding of the moral values that underpin punishment by the state is necessary, one that engages more convincingly with the justice needs and expectations of citizens and communities. It concludes that meaningful normative change is only possible where the moral foundations that underpin penal ideology and inform the sentencing policies and practices of the courts reflect a ‘real’ sharing of values about the social utility of sentencing and its outcomes. This aspiration is not portrayed as some kind of vague utopian notion, but as a fundamental necessity for the future legitimacy of penal governance. The book explores how sentencing might contribute more effectively to the achievement of social justice by engaging with some controversial and difficult problems, such as the sentencing of irregular migrants, offences of serious public disorder, sentencing for financial crime, and the sentencing of women. It concludes by proposing some practical reforms to sentencing in England and Wales based on the arguments developed in the earlier chapters, including an expanded role for the Sentencing Council in the development of a more regional and community-focused sentencing policy.

Social Exclusion and Inclusion

2013 ◽  
Author(s):  
Karen Lyons ◽  
Nathalie Huegler
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Work ◽  
International Development ◽  
Social Exclusion ◽  
Social Inclusion ◽  
The Social ◽  
Late Twentieth ◽  
Definition Of ◽  
Late Twentieth Century

The term social exclusion achieved widespread use in Europe from the late twentieth century. Its value as a concept that is different from poverty, with universal relevance, has since been debated. It is used in Western literature about international development, and some authors have linked it to the notion of capabilities. However, it is not widely used in the social work vocabulary. Conversely, the notion of social inclusion has gained in usage and application. This links with values that underlie promotion of empowerment and participation, whether of individuals, groups, or communities. Both terms are inextricably linked to the realities of inequalities within and between societies and to the principles of human rights and social justice that feature in the international definition of social work.

The Relevance of Globalization and Notions of Transition

2018 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Social Justice ◽  
Financial Crisis ◽  
Transitional Justice ◽  
Positive Relationship ◽  
Global Financial Crisis ◽  
Policy Transfer ◽  
Social Value ◽  
Financial Crime ◽  
England And Wales ◽  
Sentencing Policy

This chapter considers the global and comparative dimensions of sentencing and explains their significance for developing a more positive relationship between sentencing policy and social justice. It assesses the influence of globalization on the formulation of sentencing policy in England and Wales, before focusing on the wider problems of drawing comparisons and policy transfer. It then reflects on sentencing as a transitional concept, arguing that notions of transitional justice offer some valuable insights in conceptualizing sentencing policy’s relationship to social justice, particularly in situations where the state lacks a coherent moral mandate for criminalizing and punishing offenders. Finally, the chapter considers whether the 2008 global financial crisis has influenced the approach taken to the sentencing of financial crime in the domestic context, explaining why and how the proposed changes to ideology and practice are more likely to enhance the moral credibility and social value of sentencing in this area.

Sentencing Policy and Changing Notions of Social Justice

2018 ◽  
Author(s):  
Ralph Henham
Keyword(s):  
Social Justice ◽  
Social Values ◽  
State Intervention ◽  
Public Perceptions ◽  
Value Pluralism ◽  
Constructive Approach ◽  
Penal Policy ◽  
Irregular Migrants ◽  
The Past ◽  
Sentencing Policy

This chapter considers the importance of reflecting social values in the practice of sentencing. It explores this issue in the context of the sentencing policy of England and Wales during the past twenty-five years, focusing on the extent to which social change and value pluralism has damaged the essential connections between penal ideology and sentencing policy. More specifically, it emphasises how the fragmentation of communities and the ensuing breakdown in social cohesion has affected public perceptions of punishment. It also considers how the increasing politicization of penal policy has obfuscated the values justifying state intervention. Thus, the chapter concludes that neo-liberal values have taken priority at the expense of any broader consideration of which social values should inform a more inclusive and socially constructive approach to sentencing. The argument is illustrated by describing how these tensions have impacted the sentencing of so-called ‘irregular’ migrants.

“They should have followed the rules”: Trade-offs Between Fairness and Authority Values Predict Judgments of Social Justice Protests

2020 ◽  
pp. 194855062092385
Author(s):  
Andrew E. Monroe ◽  
James B. Wyngaarden ◽  
E. Ashby Plant
Keyword(s):  
Social Justice ◽  
Social Issues ◽  
Moral Values ◽  
Moral Foundations ◽  
Moral Foundations Theory ◽  
Trade Off ◽  
National Anthem ◽  
Football Game ◽  
Trade Offs ◽  
Subsequent Behavior

In 2017, Colin Kaepernick drew global attention by kneeling during the national anthem before a football game. The protest divided the country into two groups: those who supported Kaepernick’s stand against inequality and those who believed it was disrespectful. The current study investigates whether differences in moral values (i.e., fairness vs. respect for authority) predict an individual’s opinion of the protestors and whether priming one of those values influences opinions on social justice protests more broadly. Our data support the moral trade-off hypothesis by demonstrating that when values are in conflict, the degree to which individuals value fairness versus authority predicts their opinions of the protesters. These differences in fairness versus authority also extended to judgments of other kinds of social justice protests. These findings support the moral foundations theory as a useful tool for investigating the influence of moral values on perceptions of social issues and subsequent behavior.

scholarly journals URGENSI MASLAHAH DALAM KONSEP EKONOMI SYARIAH

2018 ◽  
Vol 1 (1) ◽  
pp. 17-28
Author(s):  
Sakirman Sakirman
Keyword(s):  
Social Justice ◽  
Economic System ◽  
Moral Values ◽  
The State ◽  
Pragmatic Approach ◽  
The Core ◽  
The Social ◽  
Islamic Economic ◽  
Political Realities ◽  
Islamic Values

The fragility of the economic system of capitalism and socialism makes the Islamic economic system into an alternative economic system and studied in depth by contemporary Islamic economic thinkers. In realizing Islamic economic system must be aligned with the maqasid al-shari'ah (goals sharia). There are four main approaches in the study of Islamic economics namely: a pragmatic approach, recitative, utopian and adaptive. Such an approach always leads to moral values, human brotherhood, social justice, integrating Islamic values and aims for the establishment of al-mashlahah as the core maqashid al-shari'ah can be used as an argument of the legal establishment, especially relating to Islamic economics. Ijtihad in Islam economy by using al-maslahah can be done by meeting certain requirements that do not conflict with al-Qur'an and al-Hadith and not contrary to qiyas. Besides, it does not conflict with a higher benefit, both in how to do it and in a way to preserve from extinction. Economic Ijtihad Islam implemented by analyzing the social and political realities and priorities (fiqh figh realities and priorities) in order to achieve the benefit of society and the state.

scholarly journals Moral Values' Impact on Responses to NFL Protests

2020 ◽  
Author(s):  
Andrew Elliott Monroe ◽  
James B. Wyngaarden ◽  
E. Ashby Plant
Keyword(s):  
Social Justice ◽  
Social Issues ◽  
Moral Values ◽  
Moral Foundations ◽  
Moral Foundations Theory ◽  
National Anthem ◽  
Football Game ◽  
Data Support ◽  
Subsequent Behavior

In 2017, Colin Kaepernick drew global attention by kneeling during the national anthem before a football game. The protest divided the country into two groups: those who supported Kaepernick’s stand against inequality, and those who believed it was disrespectful. The current study investigates whether differences in moral values (i.e., fairness vs. respect for authority) predict an individual’s opinion of the protestors, and whether priming one of those values influences opinions on social justice protests more broadly. Our data support the moral tradeoff hypothesis by demonstrating that when values are in conflict, the degree to which individuals value fairness versus authority predicts their opinions of the protesters. These differences in fairness vs. authority also extended to judgments of other kinds of social justice protests. These findings support the Moral Foundations Theory as a useful tool for investigating the influence of moral values on perceptions of social issues and subsequent behavior.

scholarly journals URGENSI MASLAHAH DALAM KONSEP EKONOMI SYARIAH

2016 ◽  
Vol 1 (1) ◽  
pp. 17
Author(s):  
Sakirman Sakirman
Keyword(s):  
Social Justice ◽  
Economic System ◽  
Moral Values ◽  
The State ◽  
Pragmatic Approach ◽  
The Core ◽  
The Social ◽  
Islamic Economic ◽  
Political Realities ◽  
Islamic Values

The fragility of the economic system of capitalism and socialism makes the Islamic economic system into an alternative economic system and studied in depth by contemporary Islamic economic thinkers. In realizing Islamic economic system must be aligned with the maqasid al-shari'ah (goals sharia). There are four main approaches in the study of Islamic economics namely: a pragmatic approach, recitative, utopian and adaptive. Such an approach always leads to moral values, human brotherhood, social justice, integrating Islamic values and aims for the establishment of al-mashlahah as the core maqashid al-shari'ah can be used as an argument of the legal establishment, especially relating to Islamic economics. Ijtihad in Islam economy by using al-maslahah can be done by meeting certain requirements that do not conflict with al-Qur'an and al-Hadith and not contrary to qiyas. Besides, it does not conflict with a higher benefit, both in how to do it and in a way to preserve from extinction. Economic Ijtihad Islam implemented by analyzing the social and political realities and priorities (fiqh figh realities and priorities) in order to achieve the benefit of society and the state.

Introduction

2021 ◽  
pp. 1-18
Author(s):  
Carmen Bugan
Keyword(s):  
Social Justice ◽  
Social Utility ◽  
Main Argument ◽  
Literary Language ◽  
Personal Freedom ◽  
Present Book ◽  
The Social ◽  
Private And Public ◽  
Public Lives ◽  
Art For Art's Sake

The Introduction situates the discussion in the present book in its historical and autobiographical contexts, and delineates the characteristics of poetry that emerges from the experience of political oppression. The major terms employed—‘the language of oppression’, ‘freedom’, and ‘artistic engagement’—are defined. Poetry, politics, freedom, and oppression are considered through their manifestations in language that governs private and public lives. While the Introduction establishes that the main argument does not proceed from views of ‘art for art’s sake’ or ‘art for social justice’, the notions of artistic commitment and the social utility of art are presented in order to explore the processes of language as they play a role in determining how people understand their place in a turbulent world, and, more importantly, how literary language helps them define, and perhaps also achieve, a sense of personal freedom.

scholarly journals Drawing Positive Lessons From the Presence of ‘The Social’ Outside of EU Social Policy Stricto Sensu

2018 ◽  
Vol 14 (1) ◽  
pp. 75-95 ◽  
Author(s):  
Elise Muir
Keyword(s):  
Social Justice ◽  
Social Policy ◽  
Social Exclusion ◽  
Economic Integration ◽  
Fundamental Rights ◽  
Social Implications ◽  
Social Challenges ◽  
The Social ◽  
The Eu

Treaty obligations: the EU shall combat social exclusion and discrimination, and promote social justice and protection – EU institutions responses to social challenges outside of the Social Policy Title – Fragmentation of Social Policy: in many ways deeply unsatisfactory, yet useful lessons may be learnt – Social implications of economic integration – Rethinking EU intervention on the protection of individuals owing to a fundamental rights’ narrative.

Impact of the Locus of Causality and Internal Control on the Social Utility of Causal Explanations

2010 ◽  
Vol 69 (3) ◽  
pp. 173-179 ◽  
Author(s):  
Samantha Perrin ◽  
Benoît Testé
Keyword(s):  
Internal Control ◽  
Three Dimensions ◽  
Social Utility ◽  
External Control ◽  
Job Interview ◽  
Locus Of Causality ◽  
Causal Explanations ◽  
Professional Success ◽  
The Social ◽  
Different Types

Research into the norm of internality ( Beauvois & Dubois, 1988 ) has shown that the expression of internal causal explanations is socially valued in social judgment. However, the value attributed to different types of internal explanations (e.g., efforts vs. traits) is far from homogeneous. This study used the Weiner (1979 ) tridimensional model to clarify the factors explaining the social utility attached to internal versus external explanations. Three dimensions were manipulated: locus of causality, controllability, and stability. Participants (N = 180 students) read the explanations expressed by appliants during a job interview. They then described the applicants on the French version of the revised causal dimension scale and rated their future professional success. Results indicated that internal-controllable explanations were the most valued. In addition, perceived internal and external control of explanations were significant predictors of judgments.

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