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Justice: Rights and Wrongs

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... Agapeic love seeks to promote the flourishing of what the other requires; but it never does less than what justice requires. This love is not gratuitous benevolence overruling justice (Wolterstorff 2008(Wolterstorff , 2011. 4 Second, we do not present and discuss agape in its purest form in this article. On the contrary, in the context of business we will focus on an agapeic-turn as a form of practical wisdom. ...
... Agapeic love seeks to promote the flourishing of what the other requires; but it never does less than what justice requires. This love is not gratuitous benevolence overruling justice (Wolterstorff 2008(Wolterstorff , 2011. 4 Second, we do not present and discuss agape in its purest form in this article. On the contrary, in the context of business we will focus on an agapeic-turn as a form of practical wisdom. ...
... The philosopher Nicholas Wolterstorff discusses at length what he calls "modern-day agapism," or benevolence agapism which creates a false dualism between human rights thinking and agape love -a view that became dominant in Christian Ethics of the 20th century. Wolterstorff (2011) gives sound philosophical arguments for the unity between justice and agape love. In line with his thesis, we argue for a unity of justice, love, and wise leadership (Nullens 2016). ...
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Humanistic management emphasises the importance of respecting humanity in and through meaningful work within organisations. In this paper we introduce a Levinasian approach to organising. Levinas argues that the Other appeals to us and allows us to take responsibility towards the Other – i.c. an employee, a customer, a supplier, etcetera. In this article our focus is on employees. By taking the Other as a starting point of his reflections, Levinas helps to transform the organisation and management of work and humans in business organisations. Based on the concept of alterity and becoming susceptible to the appeal that comes to us through what Levinas refers to as the ‘face of the Other’, we argue that the philosopher calls for ‘an agapeic turn’ to management and organisation. This turn means that the focus on the well-being of the employee – and the needs, interests, ideas, and expectations as perceived by him or her – should be at the core of organising. As a result, this paper calls for an increased focus on self-determination and self-organisation to allow the Other both voice and control over her or his behaviour, actions and contributions to the outputs and outcomes of one’s organisational unit. Through our focus on a Levinas approach, we concretize and deepen the traditional understanding of agape, making it more relevant to our functioning in a business setting. As a result, agape is introduced as an analytical concept that guides the structuring and the effectuation of human interaction in and through organisations.
... In a recent paper, Wolterstorff criticizes eudaimonism on Augustinian grounds (Wolterstorff 2012); in an earlier book, his critique draws on claims he develops in his account of justice and rights (Wolterstorff 2008). One important feature of the later (Augustinian) critique is that it is specially directed at Stoic eudaimonism. ...
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In the ethical theories of the ancient Greeks, eudaimonia provided a grounding for the value of all other goods. But a puzzle for such views is that some things are good for us irrespective of the intervention of eudaimonia and its requirement of virtuous activity. In this article, the author considers challenges to the eudaimonist account of value on those grounds pressed by Nicholas Wolterstorff and Sophie Grace Chappell. The aim is ethical-theoretical, rather than historical. The author defends the thesis that a form of eudaimonism that is largely Aristotelian in form and content can meet these challenges.
... He does not believe in a third position that combines these two approaches. 63 The South African system of apartheid (segregation) serves as Wolterstorff 's example to illustrate how the second approach of 'righteous relations' (considered from a comprehensive order) can derail. Now suppose that his own approach, in which thinking about justice departs from individual dignity, provides a solid foundation for a theory of justice. ...
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How can Christian politics contribute to public policy making in a secular and individualised age? Within the public sphere several faith and wisdom traditions compete. Is this a power struggle - or can they enrich democratic decisions? Christians can use both their own tradition and other traditions to present a valuable and relevant vision within and for a post-liberal democracy.
... For an extensive discussion, seeWolterstorff (2008). Demaine Solomons and Ernst Conradie explored Nicholas Wolterstorff's oeuvre on justice in another postgraduate ...
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This contribution is based on what may be called a pedagogical experiment in a postgraduate course on the 16th century European Reformations that was offered at the University of the Western Cape in the first semester of 2017. On the basis of a close reading of selected literature on the reformation, this contribution highlights the legacy of 16th century ecclesial movements for Southern Africa. The point of departure is located in the context of a discussion on a range of guiding concepts for social transformation in the contemporary (South) African context. It is argued that the deepest diagnosis of current (South) African discourse may well point to a view that none of the options for a category that may be regarded as more ultimate than justice (as a ‘remedy’) is attractive enough to muster sufficient moral energy without endless further contestations. Without necessarily suggesting what that ultimate maybe, it is suggested that a lack of an appealing notion of what is truly ultimate can undermine any attempts to address inequality (as our diagnosis) in current discourse. This necessarily calls attention to the relationship between the penultimate and the ultimate, and indeed between justification and justice.
... In the former declaration, belief in the Creator is foundational for human rights, in the latter, human rights are exclusively grounded in human dignity (Cliteur 2004:157–159; cf. Wolterstorff 2008:312–313). The notion of human dignity is central to Kant's moral philosophy. ...
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This article discusses the view of the Leiden professor Paul Cliteur that human rights are essentially secular and require rejection of God’s will as source of moral authority. Firstly, it analyses Cliteur’s reception of Kant and his claim that an exclusively anthropological grounding of human rights is the only possible one. Next, it investigates Nicholas Wolterstorff’s criticism of Kant’s grounding of human dignity in the rational capacity of mankind and his theistic grounding of human rights in God’s love by the mediating concept of human worth. Although Wolterstorff rightly believes that God’s special relationship with human beings is ultimately the best ground for human rights, his understandings of God’s love and of human worth appear to be problematic. Finally, the article explores the possibility to ground human rights directly in God’s justice by construing creation, the giving of the Ten Commandments and the justification of the sinner as central divine acts of justice in which God has given human rights to all human beings.
... Just how this transformation developed is beyond the scope of this article. The point to be made here is that modern democratic societies are characterized by this universalistic ideology of human equality (Dunn, 2005;Fukuyama, 1992;Wolterstorff, 2008). In these societies, each citizen is deemed to have the same equal dignity and should, therefore, not be the subject of discrimination on account of social class, gender, race, or sexual orientation. ...
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Legitimacy (or “the right to exercise power”) is now an established concept in criminological analysis, especially in relation to policing. Substantial empirical evidence shows the importance of legitimacy in securing law‐abiding behavior and cooperation from citizens. Yet adequate theorization has lagged behind empirical evidence, and there has been a conflation of legitimacy with the cognate concepts of “trust” and of “obligation to obey the law.” By drawing on the work of Beetham (1991) and others (e.g., Bottoms and Tankebe, ), this study tests the hypothesis that the contents of the multiple dimensions of police legitimacy comprise procedural fairness, distributive fairness, lawfulness, and effectiveness. The study also investigates the relative influence of legitimacy and feelings of obligation on citizens’ willingness to cooperate with the police. Using data from London, the results substantiate the hypothesized dimensions of police legitimacy. In addition, legitimacy was found to exhibit both a direct influence on cooperation that is independent of obligation and an indirect influence that flows through people's felt obligations to obey the police. Implications for future research are discussed.
... 16 Now if each human being has basic worth, then each has that worth by virtue of each human being's enjoying some very special property: the property of having basic worth supervenes on some other excellenceengendering property that each human being possesses in equal measure but that is not possessed by other animals (so far as we know). 17 So, for example, James Griffin argues that the relevant property is a capacity for normative agency: 'what we attach value to, what we regard as giving value to human life, is our capacity to choose and to pursue our conception of a worthwhile life.' 18 This capacity, above a certain threshold, each properly functioning, adult human being possesses, and so each properly functioning, adult human being has basic worth. ...
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The Doctrine of Religious Restraint is the claim that citizens and officials in a liberal democracy should not support coercive laws that they know to require a religious rationale. The most prominent argument for the Doctine of Religious Restraint appeals to the claim that we ought to treat each person as having basic worth: citizens and officials ought to obey the Doctrine of Religious Restraint because doing so is required in order for them to respect their compatriots as persons who have equal moral standing. But this argument is not persuasive: citizens and officials who support coercive laws that they know require some religious justification need not thereby disrespect their compatriots. The article focuses throughout on the figure of an `Agapic Pacifist' who has sectarian religious reasons to oppose government's use of lethal military force.
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Eine der ältesten und berühmtesten Charakterisierungen der Gerechtigkeit expliziert sie als ständige Bereitschaft, anderen Menschen ihr Recht zu geben (ius suum tribuere). Besonders wirkungsmächtig ist die Formulierung der Justinianischen Institutionen aus dem 6. Jahrhundert: »Gerechtigkeit ist der stete und dauerhafte Wille, jedem sein Recht zu geben« (iustitia est constans et perpetua voluntas ius suum cuique tribuens).
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Inherent in the task of theorising is a responsibility for ongoing critical reflection of the ideas presented (Steele, 2010). To that end, this article responds to the invitation extended by McCold and Wachtel to examine the conceptual theory of restorative justice they first presented in 2003 and which continues to be promoted globally. One particular aspect of their theory, the Social Discipline Window, is examined. Drawing on a qualitative, critical case study conducted in schools in Ontario, Canada, the article illustrates: (a) how unexamined theory can be problematic and promote practice that counters the principles of restorative justice; and (b) how people's lives can be impacted by power dynamics inherent in the theory presented (Woolford, 2009). In response, a revised Relationship Window is presented along with examples of how it can affect practice that is more consistently aligned with the philosophical foundations of restorative justice.
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In Justice in Love, Nicholas Wolterstorff argues for a unique ethical orientation called "care-agapism." He offers it as an alternative to theories of benevolence-agapism found in Christian ethics on the one hand and to the philosophical orientations of egoism, utilitarianism, and eudaimonism on the other. The purported uniqueness and superiority of his theory lies in its ability to account for the conceptual compatibility of love and justice while also positively incorporating self-love. Yet in attempting to articulate a "bestowed worth" account of human dignity—in which dignity is given by divine love and respected in acts of justice—Wolterstorff leans on an unstable characterization of how love and the good are conceptually interwoven. As a result, his reader cannot be sure about the theoretical superiority of care-agapism. Moreover, Wolterstorff's attempt to value self-love and at the same time reject eudaimonism depends on a dubious interpretation of Augustine carried over from Justice: Rights and Wrongs, which itself further depends on a mischaracterization of the possible varieties of eudaimonism. This mistake is unfortunate because, on a closer reading of Augustine, one finds an agapistic account of eudaimonism that could have significantly helped Wolterstorff's overall account of the complementary relation of love and justice.
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In this paper I examine criticism of Hauerwas's critique of American democracy and liberalism, and of American violence and war, as sectarian and politically irrelevant. This twin account has the merit of engaging his critics from left and right. I show that his critique of American Christians, and their support of America's ways of promoting justice and freedom at home and in the world, has analogies with Foucault's genealogical project in France, and represents a more powerful critique of American imperialism and militarism, and of a compliant church, than efforts to sustain the purchase of rights talk or liberal justice in contemporary theological ethics.
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In the OT, the topos of "woman with a cause" has already been identified. Women went to great lengths to ensure that the names of their dead husbands were perpetuated, as in the case of Naomi-Ruth or Tamar, or they sought audience with the king to save loved ones.¹ It is argued in this article that both within and beyond this topos, women are found crying out for justice. A consideration of narratives such as the hypothetical case of the Woman of Tekoa's son (2 Sam 14), the narratives about the two "harlots" (1 Kgs 3) and the account of the two women who ate their own children (2 Kgs 6), etcetera, shows that "women with a cause" often cried out on behalf of their children. By considering the socio-economic background of such OT narratives in relation to the socio-economic conditions in many parts of Africa today, the article makes a case for children in Africa under the threat of starvation, are orphaned by HIV/AIDS, and who are victims of poverty, dreaded diseases and illiteracy, to name but a few. It demonstrates, first, that the quest for social justice on the continent will have to begin with children, and that, second, this will only be attained when women in Africa, like those of the OT, cry out for justice on behalf of these children.
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