Justice Everywhere a blog about philosophy in public affairs

Criminal (in)justice and social contribution

The latest figures show that the proven reoffending rate for adult ‘offenders’ released from custody between April 2013 and March 2014 was 45.8%, with those who served sentences of less than 12 months having reoffended at a rate of 59.8% (Ministry of Justice, 2016). These kinds of statistics mean that increased attention has been directed towards understanding the reasons why people stop offending – largely in the hope that this evidence will support the design of reoffending-reducing reforms (see, e.g., the Discovering Desistance project). Another recent Ministry of Justice report brings together much of this research in its compilation of a list of ‘desistance factors’ in response to the question: What helps individuals desist from crime? (‘Transforming Rehabilitation’, 2014)

MarkoLovric at Pixabay (CC0 Public Domain)

MarkoLovric at Pixabay (CC0 Public Domain)

Two of these factors are of particular interest, given my purposes here: (i) ‘having something to give to others’ and (ii) ‘being believed in’ (see below for a brief account of each, respectively; and see Table 2.2 for the full list). (more…)

More thoughts on the £35,000 threshold – a response to Jesper Pedersen

The UK government has recently announced that it is raising the income threshold for non-EU citizens who wish to immigrate to the UK from £20,800 to £35,000. This threshold will apply not just to new immigrants, but also to those who have lived in the UK already for more than five years. It is the contention of this post that this new £35,000 threshold is not just unwise or poorly thought out, but also unjust.

Jesper Pedersen considers this issue with admirable even-handedness, but what if, rather than doing anything akin to sitting on this particular fence, we wanted to vault right over it, and claim – as I do here – that the policy is unjust? What support for making this statement could we muster? (more…)

Is the £35,000 rule unjust?

From the 1st April onwards any non-EU immigrant to the UK who does not otherwise have a connection with the country* must earn at least £35,000 by the end of their fifth year here, or otherwise face deportation. This policy is expected to make a small but largely insignificant contribution to lowering net migration numbers.

The commentariat’s verdict has been unequivocally harsh. This discriminatory law, it has been pointed out, will do next to nothing to keep out the kinds of people that draw the ire of the tabloids: unemployed “scroungers” and low-skilled immigrants who, it is claimed, depress the wages of – and take jobs away from ­– low-skilled British workers.

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Voters or residents: how should we draw our electoral map?

In recent months, the Right in both Britain and the US have been accused of trying to manipulate electoral rules to increase the influence of their supporters, and diminish the power of left-leaning voters. Both cases raise important questions about the objectives and principles underpinning electoral democracy, and specifically who elected representatives are supposed to represent.

At the heart of the dilemma is the question of how electoral districts should be drawn.

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Good books for a ‘first read’ in political philosophy / ethics

Recently, I was asked a question I have been asked on a few occasions: ‘what books should I recommend to a friend who has never read any political philosophy or ethics, but is interested in taking a look at the subject?’ I reply to this question with assorted recommendations, but what I recommend almost certainly varies depending on my mood, what I am currently researching/teaching, and, most significantly, how my memory is functioning in that moment. My recommendations are also limited to the list of books that I have read. To rectify these deficiencies, I write this post with two aims in mind: first, to identify some of the books I often recommend and garner suggestions from others about suitable books; and, second, thereby, to provide a list of texts to refer people when they ask the question above. (more…)

What can republicanism offer the left?

the republican magazine

When you tell people that you work on republicanism, you are often met by a concerned look. You then have to rush to explain that by ‘republicanism’ you, of course, do not mean the party of Trump and Palin. Nor – you then have to add – do you only mean that you take a particular dislike to Elizabeth Windsor. This public understanding of republicanism looks set to only get worse, with the French centre-right UMP party, last year, successfully renaming itself Les Républicains.

The prospects for recovering republicanism for leftist politics might therefore not seem particularly promising. The label ‘republican’ might simply be too poisoned by its associations with right-wing parties or too easily reduced to narrow anti-monarchism, to be of much use to radicals and progressives. Yet, despite these concerns, I do think that republicanism has something to offer to the left.¹ I believe that its values of popular sovereignty, civic virtue and freedom, and the political proposals we can draw from them, make a recovery of republicanism attractive.

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It’s raining men, hallelujah! On migration and sex ratios

In a recent article in Politico Magazine, professor in political sciences Valerie Hudson (Texas A&M University) addresses an often neglected consequence of the current migration crisis. As most of the one million migrants from the Middle East and North Africa that arrived in Europe in 2015 are young men, recent mass migration potentially disrupts the gender balance in European countries with liberal migration policies. Although The Economist notices that for big countries, like Germany, the effect of recent immigration on the already existing gender imbalance is negligible, changes in sex ratio might indeed be considerable in countries with less than 10 million citizens, like Sweden, Hungary, Austria and Norway.
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“Refugees” and “economic migrants” – a morally problematic distinction

More than a million migrants and refugees have crossed European borders in the last year, posing yet another challenge to European unity. There is one thing that really strikes me in the public debate about how to deal with this huge influx: people tend to take it for granted that the legal distinction between “refugees” and “economic migrants” and the differential treatment that goes with it are morally justified. There is a broad consensus that, of course, we have to grant asylum to people fleeing from the horrors of the Syrian civil war, but that we are justified in refusing asylum to people escaping from poverty. But is there a morally relevant difference between taking refuge from poverty and escaping from war? I do not think that there is, and hence believe that the differential treatment of the two groups is unjust.

The legal point of reference for the distinction is the 1951 Convention relating to the Status of Refugees, which, as amended by the 1967 Protocol, defines a refugee as

“A person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”.

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Fairness(es) and the INDCs

It’s over 20 years since the United Nations Framework Convention on Climate Change (UNFCCC) entered into force. According to Article 3(1) of the Convention, Parties would “protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capacities”. It was recognised that this meant that “the developed country parties should take the lead in combating climate change”.

Despite this recognition that equity and differential responsibility and capacity were important factors to consider in global efforts to address climate change, agreement on what exactly this would entail for sharing the burdens of mitigation proved hard to come by. 2015 saw something of a change of tack, here, with Parties to the UNFCCC now invited to present an Intended Nationally Determined Contribution (INDC) to the Convention objective of stabilising atmospheric greenhouse gas concentrations at a level that would prevent dangerous climate change.

The move to nationally determined contributions has been lauded by some for its potential to facilitate cooperation. One of the ways in which it appears to do this is by bypassing any need for an international agreement on what exactly a fair distribution of the burdens of mitigation would look like. Instead, each Party is invited (though not required) to explain how it considers its INDC to be “fair and ambitious, in light of its national circumstances”. So, roughly speaking at least, rather than starting with an established emissions budget and trying to come to an agreement on how to share it fairly, Parties are now permitted to adopt any number of different conceptions of fairness in defence of their own INDC, with no guarantee that the resulting ‘fair’ shares will remain within the budget. (more…)

The Paris Agreement on Climate Change: A historical landmark or an empty box? (longread)

The Paris Agreement on Climate Change has been heralded as ‘a monumental success for the planet and its people.’ [1] However, others have also already expressed strong criticism. It remains up to the future to decide on the success or failure of the agreement. This post contains some reflections about this future, and I hope that the topicality of the issue justifies its length and unscheduled publication. (more…)