REPORT: Justice in Europe Institutionalized: Legal Complexity and the Rights of Vulnerable Persons

Within the context of the wider ETHOS project, deliverable 3.3 examines how the conceptions of justice as representation, redistribution and recognition permeate the European legal order(s) in the rights to vote, housing and education. It seeks to achieve these tasks on the basis of a literature review of relevant theoretical debates and legal desk research in relevant international and European law. It does so in four main sections.

REPORT: ''How does it feel to be a problem?” What we can learn about Justice as Political Representation from empirical case studies

This report examines the relationship between political representation and experiences of (mis)recognition by reflecting on the results of six national case studies on the Roma. It inscribes itself within the ETHOS strand of research on justice as lived experience and builds on previous project deliverables on different conceptualisations of justice. More specifically it develops insights derived from critical race theory and tries to overcome the methodological nationalism that underlies the social sciences in general and the literature on political representation in particular.

REPORT: Report on the workshop 'Ideal and Non-Ideal Theories of Justice': Towards a Non-Ideal Theory of Justice in Europe

This report assesses the state of the art in ideal and non-ideal theory in political philosophy, and proceeds on this basis to make some practical methodological recommendations for integrating empirical and normative work toward a European theory of justice. It is based on the findings of the Ideal and Non-Ideal Theories of Justice workshop, held on February 23-24, 2018 at Coimbra University (Portugal), as part of the ETHOS annual conference. Abstracts of papers presented are included in Appendix 1. Selected working papers presented are included in Appendix 2.

REPORT: Four of Fewer Freedoms: Contested conceptions of justice in Europe between 1941 and 1957

This Working Paper contributes to the overall objective of formulating a European Theory of Justice and Fairness by concentrating on the conceptions of justice put forward, codified and side-lined in the early years of European formation. It takes a social constructivist perspective, focuses on the key actors involved in negotiating justice, the moments that mattered most and their geo-political background during and after the Second World War. The analysis is thus based on archival materials as well as secondary sources.

REPORT: Report on the European heritage of philosophical theorizing about justice

This report provides an introduction to the European heritage of philosophical theorizing about justice, including contemporary debates. A ‘philosophical’ approach to justice is one that takes normative questions seriously (broadly speaking, normative questions are questions about how the world ought to be). Since normative questions cannot be answered simply by collecting empirical evidence, they call for a rigorous approach which differs from that of empirical science.

REPORT: A Theoretical review of the conceptualization and articulation of justice in legal theory

This report attempts to give an overview of justice in legal theory delineated by its purpose to explain non-lawyers how lawyers frame and perceive justice concerns in their discipline, to explicate the kind of screen through which law or lawyers approach justice issues. It therefore focuses on those legal disciplines where issues of justice are most salient, in order to provide an overview of “justice with a legal flavour”.

REPORT: Conceptualisation and articulation of justice: Justice in social theory

This deliverable outlines the conceptualization and articulation of justice in social theory. This deliverable will principally focus on sociological and anthropological theories that relate in one way or the other to philosophical reflections on justice and fairness. At the beginning of these disciplines’ developments, their founders were deeply interested in justice related issues, reflecting on legal, economic, social and interpersonal aspects of (in)justice and offering macro- and micro-level interpretations of causes and outcomes of (in)justice and (un) fairness.

REPORT: Economizing on Justice

The paper addresses the conceptualization and articulation of justice in dominant (neoclassical) economic theory, here denoted as economizing on justice. It traces the economizing on justice approach back to its origins and assesses it in light of challenges and criticism coming from other existing, but comparatively marginalized, traditions and authors within the discipline.

REPORT: A Theoretical Review of the Conceptualization and Articulation of Justice in Political Theory

This overview presents a discussion of the political questions which concern belonging and participation in society with particular attention to the issues pertaining to representation. It aims to contribute to an empirical inquiry to the questions surrounding justice undertaken in a particular historical conjuncture where the bases of stable co-existence in complex modern societies seem to be faced by a series of economic, social and political challenges.