Distributive Justice in the Colombian Social Rule of Law: An Approach from the History of Social Justice (La justicia distributiva en el Estado Social de Derecho colombiano: una aproximaciin desde la historia de la justicia social)

2017 ◽  
Author(s):  
Carlos Andrrs PPrez Garzzn
2017 ◽  
Vol 1 (20) ◽  
pp. 27
Author(s):  
Carlos Andrés Pérez Garzón

Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled.


Author(s):  
David Estlund

Throughout the history of political philosophy and politics, there has been continual debate about the roles of idealism versus realism. For contemporary political philosophy, this debate manifests in notions of ideal theory versus nonideal theory. Nonideal thinkers shift their focus from theorizing about full social justice, asking instead which feasible institutional and political changes would make a society more just. Ideal thinkers, on the other hand, question whether full justice is a standard that any society is likely ever to satisfy. And, if social justice is unrealistic, are attempts to understand it without value or importance, and merely utopian? This book argues against thinking that justice must be realistic, or that understanding justice is only valuable if it can be realized. The book does not offer a particular theory of justice, nor does it assert that justice is indeed unrealizable—only that it could be, and this possibility upsets common ways of proceeding in political thought. The book's author engages critically with important strands in traditional and contemporary political philosophy that assume a sound theory of justice has the overriding, defining task of contributing practical guidance toward greater social justice. Along the way, it counters several tempting perspectives, including the view that inquiry in political philosophy could have significant value only as a guide to practical political action, and that understanding true justice would necessarily have practical value, at least as an ideal arrangement to be approximated. Demonstrating that unrealistic standards of justice can be both sound and valuable to understand, the book stands as a trenchant defense of ideal theory in political philosophy.


Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Alessandro Simoni

AbstractThe implications of the severe lockdown regime introduced in Italy in the context of the Covid-19 emergency can be correctly understood only through a broader look at how the text of the provisions adopted by the government is transformed by media reporting and law enforcement practice. From such a perspective, it appears clearly that we are witnessing nothing more than the most recent segment of a populist approach to the use of legal tools, the history of which starts well before the pandemic.


2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.


Author(s):  
Kenneth J. Gergen

The emergence of this handbook on social justice represents a groundbreaking event in the history of social psychology. In this summary discussion, I outline significant limits to social justice work embedded in the empiricist tradition of inquiry and point to ways in which the current work transcends these limits. However, I also view the present endeavors as in a fledgling state. In the service of enriching and rendering these pursuits more effective, I discuss five domains in which tensions currently prevail and suggest directions for future undertakings. Challenges are discussed in terms of epistemological schisms, presumed ontologies, value pluralism, explanatory paradigms, and the limits of representationalism. A final invitation is made to shift from a mirroring orientation to research to world-making.


2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.


2021 ◽  
Vol 22 (6) ◽  
pp. 1072-1097
Author(s):  
Atina Krajewska

AbstractThis article examines the relationship between reproductive rights, democracy, and the rule of law in transitional societies. As a case study, it examines the development of abortion law in Poland. The article makes three primary claims. First, it argues that the relationship between reproductive rights and the rule of law in Poland came clearly into view through the abortion judgment K 1/20, handed down by the Constitutional Tribunal in the middle of the COVID-19 pandemic. The judgment and the context in which it was issued and published are interpreted as reflections of deep-lying processes and problems in Polish society. Consequently, second, the article argues that analysis of the history of reproductive rights in recent decades in Poland reveals weak institutionalization of the rule of law. This is manifest in the ways in which different professional groups, especially doctors and lawyers, have addressed questions regarding abortion law. Therefore, third, the article argues that any assessment of the rule of law should take into account how powerful professional actors and organizations interact with the law. The Polish case study shows that reproductive rights should be seen as important parts of a “litmus test,” which we can use to examine the efficacy of democratic transitions and the quality of the democracies in which such transitions result.


Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 211-242
Author(s):  
Mitja Kovač ◽  
Marcela Neves Bezerra

Modern Brazil is plagued by social and economic inequalities, endemic violence, crime, and a weak rule of law. Once these narratives become dependent on each other, all aspects must be worked on to change the scenario the country is facing: insecurity, fear and a lack of opportunities. This paper argues that the unprecedented rise of social injustice in Brazil is not the result of short-term measures but is part of its history marked by economic and social inequalities extending from its colonial past until today and the deficient policies on crime that emerged in the mid-1990s. Moreover, the current massive incarceration, overcrowding of prisons combined with the absence of human living conditions is turning the prison system in Brazil into a gigantic, perpetual school of crime. Investment in education that directly helps to lower the crime rate must be aligned with a new, less repressive and more inclusive punitive policy so as to induce criminals not to return to their unlawful ways. It is suggested that Brazil can only properly develop if efficient legal institutions, the rule of law, and criminal sanctioning based on the principles of social justice are available to all citizens.


2021 ◽  
pp. 282-298
Author(s):  
Mikhail B. Sverdlov ◽  

The author studies the history of the judicial natural and money forfeit for the criminal offence, moral and social content of this criminal offence in the late tribal Slavic society and in early medieval Russian state the context of the history of the Pravda Russkaya’s content. He analyzes the content of the social and legal policy during the rule of Grand Prince Vladimir Monomakh in Kiev or the rule of his son Mstislav. Probably at that time the Vast Pravda Russkaya was issued. It made judicial rights secured of all social strata including women, children, poor men on the principles of social justice and the Evangel. It kept old human tradition of the money forfeit for a crime instead of to cut off any limb or to execute as in Byzantine and in medieval vest European countries.


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