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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
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Official URL: https://doi.org/10.1111/hojo.12458
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 | ||||||
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| Subjects: | B Philosophy. Psychology. Religion > B Philosophy (General) H Social Sciences > HM Sociology K Law [LC] > K Law (General) |
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| 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: |
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| 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 | ||||||
| Funder: | Independent Social Research Foundation | ||||||
| Related URLs: |
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