Open Access (free)
David Boucher

Introduction Is justice intra-national or international, localised or globalised, communitarian or cosmopolitan, universal or particular, in its scope? Do richer countries have a duty to help poorer countries and, if so, is this duty a matter of charity or justice, or both? Answers to these questions are often dependent upon an answer to a prior question: are state boundaries morally arbitrary and, if

in Political concepts
Open Access (free)
The place of equal opportunity
Andrew Mason

right of parents to raise their children as they see fit so long as they do not harm them. On the other hand, they want to show that equality of opportunity is an independent principle of justice, not simply an efficient way in most circumstances of allocating jobs and educational places that is consistent with what justice requires. John Rawls’s account of fair equality of opportunity in A Theory of

in Political concepts
Open Access (free)
Tony Fitzpatrick

evading the conceptual barriers between Left and Right, public and private, state and market, justice and efficiency, security and flexibility, equality and freedom. It is this radicalisation that Giddens refers to as the NSD.1 By transcending these dichotomies – rather than simply trading off between them – we provide ourselves with an alternative not only to the ‘Old Left’ and ‘New Right’, but also to the siren TZP1 4/25/2005 12 4:49 PM Page 12 After the new social democracy calls of nationalist, ethnic and religious fundamentalists. For if we can find a way to

in After the new social democracy
Marco Aurelio Guimarães, Raffaela Arrabaça Francisco, Sergio Britto Garcia, Martin Evison, Maria Eliana Castro Pinheiro, Iara Xavier Pereira, Diva Santana, and Julie Alvina Guss Patrício

Truth commissions are widely recognised tools used in negotiation following political repression. Their work may be underpinned by formal scientific investigation of human remains. This paper presents an analysis of the role of forensic investigations in the transition to democracy following the Brazilian military governments of 1964–85. It considers practices during the dictatorship and in the period following, making reference to analyses of truth commission work in jurisdictions other than Brazil, including those in which the investigation of clandestine burials has taken place. Attempts to conceal the fate of victims during the dictatorship, and the attempts of democratic governments to investigate them are described. Despite various initiatives since the end of the military government, many victims remain unidentified. In Brazil, as elsewhere, forensic investigations are susceptible to political and social influences, leading to a situation in which relatives struggle to obtain meaningful restitution and have little trust in the transitional justice process.

Human Remains and Violence: An Interdisciplinary Journal
Rainer Forst

MCK4 1/10/2003 10:24 AM Page 71 4 Toleration, justice and reason Rainer Forst In contemporary debates about the idea and the problems of a multicultural society the concept of toleration plays a major but by no means clear and uncontested role. For some, it is a desirable state of mutual respect or esteem, while for others it is at best a pragmatic and at worst a repressive relation between persons or groups. In the following, I want to suggest an understanding of toleration that both explains and avoids these ambiguities. First, I distinguish between a

in The culture of toleration in diverse societies
Open Access (free)
Community-based research amid oil development in South Los Angeles
Bhavna Shamasunder, Jessica Blickley, Marissa Chan, Ashley Collier-Oxandale, James L. Sadd, Sandy Navarro, Nicole J. Wong, and Michael Hannigan

3 Crude justice: Community-­based research amid oil development in South Los Angeles Bhavna Shamasunder, Jessica Blickley, Marissa Chan, Ashley Collier-Oxandale, James L. Sadd, Sandy Navarro, Nicole J. Wong, and Michael Hannigan The public health consequences and environmental injustices stemming from oil development in densely populated urban environments are of increasing concern to residents surrounding oil and gas development facilities. The Los Angeles Basin contains one of the highest concentrations of crude oil in the world, with over 5,000 active oil

in Toxic truths
From the development of a national surveillance system to the birth of an international network
Roberto Pasetto and Ivano Iavarone

9 Environmental justice in industrially contaminated sites: From the development of a national surveillance system to the birth of an international network Roberto Pasetto and Ivano Iavarone Sites highly contaminated by a variety of hazardous agents are found in almost all countries as contaminants are routinely or accidentally released into the environment either by active industrial sources or as toxic waste from current or past industrial activities. From a public health point of view, contaminated sites can be defined as, “Areas hosting or having hosted

in Toxic truths
Richard Parrish

4 Sport and the European Court of Justice The ECJ is an important agenda setter. Court rulings play an important part in defining the content of the EU’s systemic agenda and the conditions under which an issue is transferred to the institutional agenda for active policy development. The ECJ’s line of reasoning in relation to sport has been developed within the context of a number of important institutional relationships. As such, the ECJ’s role in establishing the boundaries of EU sports regulation is not deterministic. In Walrave, Donà and Heylens, the ECJ

in Sports law and policy in the European Union
Bert Ingelaere

the popularisation or decentralisation of justice. The gacaca courts procedure was loosely modelled on the traditional gacaca with lay persons presiding as judges and the (active) involvement of the entire adult population as a ‘General Assembly’. Lay judges, the inyangamugayo or ‘persons of integrity’, were the engines of the gacaca process. In October 2001 over 250,000 inyangamugayo were elected ( Republic of Rwanda, 2001 ). 7 They were members of the general population, without legal training or experience, and they received a short training on the law

Journal of Humanitarian Affairs
Valérie Robin Azevedo

In recent years, exhumation campaigns of mass graves resulting from the armed conflict (1980–2000) between the Maoist guerrillas of PCP-Shining Path (Sendero Luminoso) and the States armed forces have increased in Peru. People in rural Andes, the most marginalised sectors of national society, which were also particularly affected by the war, are the main group concerned with exhumations. This article examines the handling, flow and re-appropriation of exhumed human remains in public space to inform sociopolitical issues underlying the reparation policies implemented by the State, sometimes with the support of human rights NGOs. How do the families of victims become involved in this unusual return of their dead? Have the exhumations become a new repertoire of collective action for Andean people seeking to access their fundamental rights and for recognition of their status as citizens? Finally, what do these devices that dignify the dead reveal about the internal workings of Peruvian society – its structural inequities and racism – which permeate the social fabric?

Human Remains and Violence: An Interdisciplinary Journal