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
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
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
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
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
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
Ordinary Intimacies in Emerson, Du Bois, and Baldwin
Prentiss Clark

This essay reads James Baldwin in conversation with two unexpected interlocutors from the American nineteenth and twentieth centuries: Ralph Waldo Emerson and W. E. B. Du Bois. What draws these historically distant and intellectually different thinkers together, their differences making their convergences all the more resonant and provocative, is a shared mode of attention they bring to the social crises of their eras. It is a mode of attention foregrounding how the often unobserved particulars and emotional registers of human life vitally shape civic existence; more specifically, a mode of attention provoking us to see how “a larger, juster, and fuller future,” in Du Bois’s words, is a matter of the ordinary intimacies and estrangements in which we exist, human connections in all their expressions and suppressions. Emerson names them “facts [. . .] harder to read.” They are “the finer manifestations,” in Du Bois’s terms, “of social life, which history can but mention and which statistics can not count”; “All these things,” Baldwin says, “[. . .] which no chart can tell us.” In effect, from the 1830s to the 1980s these thinkers bear witness to what politics, legislation, and even all our knowledges can address only partially, and to the potentially transformative compensations we might realize in the way we conduct our daily lives. The immediate relevance and urgency this essay finds in their work exists not in proposed political actions, programs for reform, or systematic theories of social justice but in the way their words revitalize the ethical question “How shall I live?” Accumulative and suggestive rather than systematically comparative or polemical, this essay attempts to engage with Emerson, Du Bois, and Baldwin intimately, to proceed in the spirit of their commitment to questioning received disciplines, languages, and ways of inhabiting the world.

James Baldwin Review
Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
Matthew Hunt, Sharon O’Brien, Patrick Cadwell and Dónal P. O’Mathúna

translation and innovation Justice and access to translation during crises 1  Language translation as an ethical obligation during humanitarian crises 2  Priority setting for translation initiatives amidst other pressing humanitarian goals Linking crisis translation and humanitarian ethics 3  Insights from the ethics of crisis translation for humanitarian ethics more broadly Ethical implications of developing and implementing

Journal of Humanitarian Affairs