Justice and Vulnerability in Europe最新文献

Framing justice claims as legal rights: how law (mis)handles injustices 将正义要求视为合法权利:法律(错误)如何处理不公正

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00013

M. Granger, O. Salát

{"title":"Framing justice claims as legal rights: how law (mis)handles injustices","authors":"M. Granger, O. Salát","doi":"10.4337/9781839108488.00013","DOIUrl":"https://doi.org/10.4337/9781839108488.00013","url":null,"abstract":"Does law integrate justice considerations, and should it? Can law effectively address injustices, such as misrepresentation, maldistribution or misrecognition (Fraser 2009), through the conferral and enforcement of legal rights? This chapter addresses these questions, drawing on research carried out in the ETHOS project under the heading of ‘law for – or against – justice?’. It involves a theoretically informed ‘black-letter’ law analysis of international, European, national and local legal frameworks which regulate voting, housing and education in six European countries (Austria, Hungary, the Netherlands, Portugal, Turkey and the UK).1 We start with briefly outlining the relative importance of rights as a vehicle for justice in the European context, before introducing key theoretical debates on the relationship between law, rights and justice, and relevant conceptual features of legal rights. We also point to some of the challenges of framing different justice claims as rights in Europe. We then explore the scope and limits of addressing injustices through legal rights. We do so by analysing how legal systems handle justice claims when formulated as legal rights, and how they manage the confrontation between competing conceptions or dimensions of justice, expressed as conflicts between rights, between rights and other legally protected interests, between overlapping and competing legal orders, and between law and politics. We conclude on the implications which this institutionalization of justices through rights has for achieving greater justice in Europe, and in particular the prioritization of certain justice claims, groups or processes over others.","PeriodicalId":220139,"journal":{"name":"Justice and Vulnerability in Europe","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117186545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Living and theorizing boundaries of justice 生活和理论化正义的界限

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00021

T. Knijn, J. Belić, M. Zala, D. Lepianka

引用次数: 0

Redistribution, recognition and representation: understanding justice across academic disciplines 再分配、承认和代表:跨学科理解正义

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00011

T. Knijn, T. Theuns, M. Zala

引用次数: 0

Four or fewer freedoms: justice contested and codified between 1941 and 1957 四种或更少的自由:1941年至1957年间，正义受到质疑并被编纂

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00012

B. Oomen, A. Timmer

{"title":"Four or fewer freedoms: justice contested and codified between 1941 and 1957","authors":"B. Oomen, A. Timmer","doi":"10.4337/9781839108488.00012","DOIUrl":"https://doi.org/10.4337/9781839108488.00012","url":null,"abstract":"A key aspect of investigating the foundations of justice in Europe is to understand how these developed over time. Such an inquiry can begin in many different places and at many different moments. This chapter, however, focuses on the period during and after the Second World War, from 1941 to 1957. One reason for this is that the Second World War was, in many different ways, the reason for closer cooperation within Europe and for the institutionalization of such cooperation. Another is the degree to which this particular period was still characterized by an openness and indefiniteness in terms of the type of justice to be institutionalized in Europe. By the time of the formation of the European Economic Community (EEC) in 1957 this was very different – clear choices had been made in terms of the type of justice institutionalized in the European project. A close consideration of the particular debates that led to these institutional outcomes, of the people involved and the ideas that they held can offer important insight into the conceptions of justice on and off the table in this early period of European formation (Norman and Zaidi 2008). As set out in the introduction to this book, justice as a concept and an overarching ideal is – surprisingly – not often discussed amongst those studying Europe, most notably not amongst lawyers and others studying European institutions. It could well be that the notion of justice is simply too big, or too abstract to engage with. Recent scholarship, however, has lamented Europe’s justice deficit, explicitly calling for a systematic inquiry on the interrelationship between law and justice in the European project (Kochenov et al. 2015). Williams, to quote an example, speaks of the ‘uncertain soul’ of Europe: ‘People simply do not know what the EU stands for’ (Williams 2010, p. 9). Ward, another scholar concerned about the lack of engagement with larger questions of justice in Europe today, quotes Vaclav Havel in stating that","PeriodicalId":220139,"journal":{"name":"Justice and Vulnerability in Europe","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128941422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Education and justice: inclusion, exclusion and belonging 教育与正义:包容、排斥和归属

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00016

Başak Akkan, Ayşe Buğra

引用次数: 0

The impact of the European Charters in times of crisis and their role in effectuating social justice ideals for European citizens 《欧洲宪章》在危机时期的影响及其在实现欧洲公民社会正义理想方面的作用

Justice and Vulnerability in Europe Pub Date : 2020-11-17 DOI: 10.4337/9781839108488.00014

Barbara Safradin, S. Vries

{"title":"The impact of the European Charters in times of crisis and their role in effectuating social justice ideals for European citizens","authors":"Barbara Safradin, S. Vries","doi":"10.4337/9781839108488.00014","DOIUrl":"https://doi.org/10.4337/9781839108488.00014","url":null,"abstract":"Justice is conceived as the normative basis upon which the European Union (EU) is founded.2 But events of the 21st century such as the financial and migration crisis, and the terrorism threats have led the EU to put justice on a higher agenda (Douglas-Scott 2017). Particularly important in this respect have been the effectuation of fundamental (social) rights at EU level through the binding EU Charter of Fundamental Rights (CFR) attached to the Treaty of Lisbon (2009), and the proclamation of social justice and a highly competitive social market economy in Article 3(3) of the Treaty on the European Union (TEU). In addition, the Council of Europe (CoE) has long been a promoter of social rights with the CoE Revised Social Charter (R-ESC) constituting the key regional instrument for the protection of social rights of European citizens. Nevertheless, it has been argued that the EU’s handling of the Eurozone crisis has illustrated a lack of solidarity and disregard for justice claims at EU level (Douglas-Scott 2017). Especially Eurozone Member States with sovereign debt crises such as Greece, Portugal, Ireland, Cyprus and Romania were hit by this crisis, whereas of the non-Eurozone Member States, Hungary, the United Kingdom and Latvia were particularly affected (de Vries and Safradin 2018). These countries were subject to external conditionality regimes, which involved cuts in wages, pensions and welfare services. The austerity measures resulted in persistent violations of social rights and justice of their citizens, which have been challenged before national courts, the European Court of Justice (CJEU) and the European Committee of Social Rights (ECSR). The main question that this chapter seeks to address is whether and if so, how fundamental social rights as laid down in the CFR and the R-ESC have been applied in Europe in times of crisis to effectuate social justice for","PeriodicalId":220139,"journal":{"name":"Justice and Vulnerability in Europe","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121283790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0