Wide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.
An eminent Christian philosopher s thought on the relation between love and justice The concepts of love and justice have long been prominent in the moral culture of the West, yet they are often considered to be hopelessly at odds with one another. In this book acclaimed Christian philosopher Nicholas Wolterstorff shows that justice and love are indeed perfectly compatible, and he argues that the commonly perceived tension between them reveals something faulty in our understanding of each. True benevolent love, he says, is always attentive to justice, and love that wreaks injustice can only ever be malformed love. Charitably engaging alternative views, Wolterstorff s Justice in Love is a welcome companion and follow-up volume to his magnificent Justice: Rights and Wrongs (Princeton, 2010). profound new paths of philosophical inquiry. As opposed to his expansive discussion of justice in that earlier work, this book focuses in profound new ways on the relation between justice and love. Nicholas Wolterstorff s Justice: Rights and Wrongs is a magisterial book. In it and in its smaller forthcoming companion volume Justice and Love, Wolterstorff has gotten justice right. This, in case the thrust of my terse comment wasn t plain enough, is very high praise. Miroslav Volf in Books and Culture
Repulsed by evil Nazi practices and desiring to create a better world after the devastation of World War II, in 1948 the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Because of the secular imprint of this text, it has faced a series of challenges from the world’s religions, both when it was crafted and in subsequent political and legal struggles. The book mixes philosophical, legal, and archival arguments to make the point that the language of human rights is a valid one to address the world’s disputes. It updates the rationale used by the early UN visionaries and makes it available to twenty-first-century believers and unbelievers alike. The book shows how the debates that informed the adoption of this pivotal normative international text can be used by scholars to make broad and important policy points.
The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.
This book seeks to explain why the concept of justice is critical to the study of criminal justice. Heffernan makes such a case by treating state-sponsored punishment as the defining feature of criminal justice. In particular, this work accounts for the state’s role as a surrogate for victims of wrongdoing, and so makes it possible to integrate victimology scholarship into its justice-based framework. In arguing that punishment may be imposed only for wrongdoing, the book proposes a criterion for repudiating the legal paternalism that informs drug-possession laws. Rethinking the Foundations of Criminal Justice outlines steps for taming the state’s power to punish offenders; in particular, it draws on restorative justice research to outline possibilities for a penology that emphasizes offenders’ humanity. Through its examination of equality issues, the book integrates recent work on the social justice/criminal justice connection into the scholarly literature on punishment, and so will particularly appeal to those interested in criminal justice theory.
Participation in religious liturgies and rituals is a pervasive and remarkably complex form of human activity. This book opens with a discussion of the nature of liturgical activity and then explores various dimensions of such activity. Over the past fifty years there has been a remarkablesurge of interest, within the analytic tradition of philosophy, in philosophy of religion. Most of what has been written by participants in this movement deals with one or another aspect of religious belief. Yet for most adherents of most religions, participation in the liturgies and rituals oftheir religion is at least as important as what they believe. One of the aims of this book is to call the attention of philosophers of religion to the importance of religious practice and to demonstrate how rich a topic this is for philosophical reflection. Another aim is to show liturgical scholars who are not philosophers that a philosophical approach toliturgy casts an illuminating light on the topic that supplements their own approach. Insofar as philosophers have written about liturgy, they have focused most of their attention on its formative and expressive functions. This book focuses instead on understanding what liturgical agents actuallydo. It is what they do that functions formatively or expressively. What they do is basic.
The conviction that Jesus is the restorative Christ demands a commitment to the justice he articulated. The justice of the restorative Christ is justice with reconciliation, justice with repentance, justice with repair, and justice without retaliation. The Gospel of Luke and the book of Acts portray the life, death, and resurrection of Jesus Christ through the radical concept of "enemy-love." In conversation with Dietrich Bonhoeffer (Jesus-for-others), John Howard Yoder (a nonviolent Jesus), Miroslav Volf (an embracing Jesus), and Chris Marshall (a compassionate Jesus), Broughton demonstrates what the restorative Christ means for us today. Following the restorative Christ faithfully involves imaginative disciplines (seeing, remembering, and desiring), conversational disciplines (naming, questioning, and forgiving), and embodied disciplines (absorbing, repairing, and embracing).
Christianity's demographics, vitality, and influence have tipped markedly toward the global South and East. Addressing this seismic shift, one of today's leading Christian scholars reflects on what he has learned about justice through his encounters with world Christianity. Philosopher Nicholas Wolterstorff's experiences in South Africa, the Middle East, and Honduras have shaped his views on justice through the years. In this book he offers readers an autobiographical tour, distilling the essence of his thoughts on the topic. After describing how he came to think about justice as he does and reviewing the theory of justice he developed in earlier writings, Wolterstorff shows how deeply embedded justice is in Christian Scripture. He reflects on the difficult struggle to right injustice and examines the necessity of just punishment. Finally, he explores the relationship between justice and beauty and between justice and hope. This book is the first in the Turning South series, which offers reflections by eminent Christian scholars who have turned their attention and commitments toward the global South and East.