A Third Principle of Justice

In this paper I argue that in order to secure the commitment of believers in reasonable comprehensive doctrines to political liberalism a third principle of justice needs to be adopted in the Original Position. Rawls acknowledges that neutral legislation by the liberal state may negatively affect some reasonable comprehensive doctrines, and I offer a third principle of justice to help alleviate this problem. This principle, which I believe is in keeping with the United States constitutional history especially where church-state relations are concerned, maintains that a constitutional regime should, insofar as possible, avoid adopting rules with harmful effects upon those comprehensive doctrines which satisfy the conditions of reasonable pluralism.     

Should a criminal receive a heart transplant? Medical Justice vs. Societal Justice

Should the nation provide expensive care and scarce organs to convicted felons? We distinguish between two fields of justice: Medical Justice and Societal Justice. Although there is general acceptance within the medical profession that physicians may distribute limited treatments based solely on potential medical benefits without regard to nonmedical factors, that does not mean that society cannot impose limits based on societal factors. If a society considers the convicted felon to be a full member, then that person would be entitled to at least a “decent minimum” level of care — which might include access to scarce life-saving organs. However, if criminals forfeit their entitlement to the same level of medical care afforded to all members of society, they still would be entitled to a kind of “rudimentary decent minimum” granted to all persons on simple humanitarian grounds. Almost certainly this entitlement would not include access to organ transplants.     

A technique for controlling speech disfluencies induced by delayed auditory feedback

On the basis of cybernetic models of speech it was hypothesized that “stuttering” induced by delayed auditory feedback could be significantly reduced if the Ss were provided with an alternate input to which they could attend. The results of the experiment supported the hypothesis. The possible implications for the treatment stuttering are discussed.     

Catholic Feminist Ethics Reconsidered

Taking Catholic sexual ethics and liberal feminist ethics as points of departure, this essay argues that both frameworks are ill‐prepared to deal with the moral problems raised by sex trafficking: while Catholic sexual ethics is grounded in a normative understanding of sexuality, liberal feminist ethics argues for women's sexual autonomy, resting upon freedom of action and consent. From a perspective that attends both to the phenomenological interpretation of embodied selves and the Kantian normative interpretation of dignity, it becomes possible to critique both the Catholic and the liberal feminist frameworks of ethics. I argue that Catholic sexual ethics requires a reconceptualization as social ethics in order to meet the challenges of our present time, but that the shift is possible without giving up the moral imperatives of both Catholic and feminist ethics to protect human dignity and women's rights.     

Changing the Criminal Justice System Response to Sexual Assault: An Empirical Study of a Participatory Action Research Project

In jurisdictions throughout the United States, thousands of sexual assault kits (SAKs; also known as a “rape kits”) have not been submitted by the police for forensic DNA testing. DNA evidence may be helpful to sexual assault investigations and prosecutions by identifying perpetrators, revealing serial offenders through DNA matches across cases, and exonerating those who have been wrongly accused. This paper describes a longitudinal action research project conducted in Detroit, Michigan after that city discovered approximately 11,000 untested sexual assault kits in a police department storage facility. We conducted a root cause analysis to examine individual, organizational, community, and societal factors that contributed to the development of the rape kit backlog in Detroit. Based on those findings, we implemented and evaluated structural changes to increase staffing, promote kit testing, and retrain police and prosecutors so that cases could be reopened for investigation and prosecution. As we conducted this work, we also studied how this action research project impacted the Detroit criminal justice system. Participating in this project changed stakeholders’ attitudes about the utility of research to address community problems, the usefulness of DNA evidence in sexual assault cases, and the impact of trauma on survivors. The results led to new protocols for SAK testing and police investigations, and new state legislation mandating SAK forensic DNA testing.     

Réflexions critiques sur les notions d’abolition et d’altération de la faculté à discerner

Inasmuch as the constitution of the mens rea of any offence remains suspended to its integrity, the capacity for discernment represents a condition of accountability whose definition responds to issues that are as much technical – with respect to psychiatric and psychological penal expertise – as they are theoretical – with respect to our conception of criminal responsibility and the psychological prerequisites that underlie it. Now, the fact is that since its introduction in 1992 with article 122–1 of the Penal Code, this notion of discernment is characterized by a certain conceptual inconsistency, giving rise to a damaging plurality of meanings making the verb discern the condensed version of a heterogeneous network of distinct psychological functions. The polysemic term of discernment thus gives rise to a fundamental indetermination as to the nature of the faculty that must be examined in order to decide on its abolition or its preservation at the moment of the act. This is not without favouring the appearance and persistence of arbitrary interpretations, and consequently discordant expert conclusions. Even more problematic, however, is the idea of an alteration of discernment, given the irreducible discrepancy between the continuous nature of an alteration and the discontinuous nature of the conclusion to which the agent is subject, in that the legal demand requires a decision – in a discretization of what is continuous – between the presence and absence of something that is lacking. We will in fact show in what way this concept of alteration as it applies to discernment tends to be either meaningless, or redundant – and therefore useless – in relation to that of abolition. So much so that the only conceivable solution to maintain a certain gradation of degrees of non-accountability seems to consist in having to specify the different types of abolition of discernment potentially observed, and then to propose a hierarchization according to their greater or lesser compatibility with the conservation of a criminal responsibility. .     

The Liberating Awareness

The purpose of this article is to reflect on the search for racial justice as a call from God, using biblical readings and documents produced by the World Council of Churches (WCC). It is anchored in the increasingly intense challenges that emerge in this respect in Brazil, a country whose Indigenous peoples were annihilated in its colonization process, and which up until the 19th century received the largest flow of enslaved Africans in the world. The article combines the Latin American methodology “See, Judge, Act” with the theological methodology of the WCC's Pilgrimage of Justice and Peace and its three steps: “Celebrating Gifts,” “Visiting the Wounds,” and “Transforming Injustice.” The first part of the paper reflects the “See” and exposes the expressions of everyday racism in Brazil. The second part presents the “Judge,” seeking references to the challenge of racial justice in the Bible and in ecumenical reflection. The third and final section, “Act,” reflects on the possibility for transforming racial injustices, sharing experiences from Brazil as well as one of the Pilgrim Team Visits organized by the WCC in 2019.     

Remembrance–Toward Righteousness and Reparations

This article explores “remembrance” as the first part of a planned three-part paper titled “Remembrance, Righteousness and Reparations,” intended as a conceptual framework and spirit guide of accompaniment for the World Council of Churches’ pilgrimage of healing, justice, and peace. This first part focuses on remembrance to counter the dis-membering, trauma, and woundedness inflicted by systems of acts of White supremacy, racism, patriarchy, and male privilege. Parts two and three of this paper offer righteousness and reparations as additional conceptual frameworks and spirit guides: righteousness to recentre and deepen our understanding of justice in a world fraught with human suffering, violence, and evil; and reparations to covenant and bind a process of truth-telling, reckoning, and reconciliation in the face of the consequences and legacies of the transatlantic slave trade system upon people of African descent.     

Reaching the Champions of Social Justice

Since the formation of the World Council of Churches (WCC) in 1948, the ecumenical voice against social injustice in the church and society has been strengthening. As one expression of unity among the fellowship, the WCC embarked in 2013 on a Pilgrimage of Justice and Peace to work, pray, and walk together for life-affirming economies, climate change, nonviolent peace building, and reconciliation and human dignity. Champions of these issues exist within the ecumenical movement. Yet one also finds that champions of one theme are pushing back on another theme. Sometimes it is due to diversity of contexts and biblical and theological interpretations. At other times it is due to unconscious bias about the holistic nature of God's mission of justice for all God's people and creation. This paper grapples with this question: Why are people who are so alive to economic and ecological injustice sometimes blind to racial and gender injustice? To answer this, I explore the existence of conscious and unconscious bias despite the many powerful ecumenical statements that have been issued on racial justice.     

The role of reporting in the evaluation of rape victims

In three studies, we examined how individuals evaluate a rape victim based on whether she reports or does not report her rapist. Across all three studies, a victim who did not report the perpetrator was evaluated more negatively than a victim who did report the perpetrator. In Studies 2 and 3, symbolic concerns (the view that the victim’s actions violated shared values and disempowered herself) mediated the effect of reporting on evaluation of the victim. The effects of the victim’s relationship to the perpetrator (Study 1) and the victim’s decision to forgive the perpetrator (Study 2) were also examined. Results indicate that observers evaluate victims who do not report their perpetrators more negatively, and that this evaluation may be the result of perceptions of not reporting rape as a transgression.