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Feeling the absence of justice : notes on our pathological reliance on punitive justice

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Chamberlen, Anastasia and Carvalho, Henrique (2022) Feeling the absence of justice : notes on our pathological reliance on punitive justice. Howard Journal of Crime and Justice, 61 (1). pp. 87-102. doi:10.1111/hojo.12458 ISSN 2059-1098.

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Official URL: https://doi.org/10.1111/hojo.12458

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Abstract

This paper critically examines our relationship with justice in contemporary western liberal settings, with a particular focus on why our pursuit of justice is intimately entangled with punitive logics. It does so by defining this approach to justice as predominantly pathological, in the sense that it follows a logic that is akin to that displayed in our contemporary sensibilities regarding bodily pain. We deploy the concept of ‘dys-appearance’ used by Drew Leder in the context of his theory of embodiment to discuss how, in western liberal societies, justice is primarily experienced and paid attention to when it appears negatively as a phenomenon; that is, we only become conscious of justice in our lived experiences through the painful and episodic experience of injustice. This phenomenological quality of justice, we argue, is intrinsically linked to how the pursuit of justice in these settings predominantly takes a hostile, punitive aspect.

Item Type: Journal Article
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
H Social Sciences > HM Sociology
K Law [LC] > K Law (General)
Divisions: Faculty of Social Sciences > School of Law
Journal or Publication Title: Howard Journal of Crime and Justice
Publisher: Wiley-Blackwell
ISSN: 2059-1098
Official Date: 22 March 2022
Dates:
DateEvent
22 March 2022Published
14 July 2021Accepted
Volume: 61
Number: 1
Page Range: pp. 87-102
DOI: 10.1111/hojo.12458
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons)
Date of first compliant deposit: 19 July 2021
Date of first compliant Open Access: 22 March 2022
Funder: Independent Social Research Foundation
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