On 1 January 2021, the fee for bringing a migration case in the Federal Circuit Court increased almost five-fold. Civil society groups say that this change will seriously threaten access to the courts. This comment argues that, if this is correct, the increase might be unlawful or unconstitutional. It proceeds in four parts. Part I introduces the new fee increase and examines its potential impact on access to the courts. Parts II and III explore several possible arguments against the increase. Part IV concludes.
{"title":"Court Fees and Access to Justice in Australia","authors":"Jack Maxwell","doi":"10.2139/ssrn.3900825","DOIUrl":"https://doi.org/10.2139/ssrn.3900825","url":null,"abstract":"On 1 January 2021, the fee for bringing a migration case in the Federal Circuit Court increased almost five-fold. Civil society groups say that this change will seriously threaten access to the courts. This comment argues that, if this is correct, the increase might be unlawful or unconstitutional. It proceeds in four parts. Part I introduces the new fee increase and examines its potential impact on access to the courts. Parts II and III explore several possible arguments against the increase. Part IV concludes.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133609932","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
I draw on contemporary debates in political philosophy to understand the limits and hazards of using mechanism design to offer technical solutions to problems in which technical and social issues are intertwined. Using Boston’s experience with K-12 school choice reform over the last half century as a case study, I argue that mechanism design introduces what I call a "normative gap" between the goals pursued by economic designers and those pursued by policymakers.
{"title":"Bridging the 'Normative Gap': Mechanism Design and Social Justice","authors":"Zoë Hitzig","doi":"10.2139/ssrn.3242882","DOIUrl":"https://doi.org/10.2139/ssrn.3242882","url":null,"abstract":"I draw on contemporary debates in political philosophy to understand the limits and hazards of using mechanism design to offer technical solutions to problems in which technical and social issues are intertwined. Using Boston’s experience with K-12 school choice reform over the last half century as a case study, I argue that mechanism design introduces what I call a \"normative gap\" between the goals pursued by economic designers and those pursued by policymakers.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"27 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113978978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts.
{"title":"Donation Without Domination: Private Charity and Republican Liberty","authors":"Robert S. Taylor","doi":"10.2139/ssrn.3092709","DOIUrl":"https://doi.org/10.2139/ssrn.3092709","url":null,"abstract":"Contemporary republicans have adopted a less-than-charitable attitude toward private beneficence, especially when it is directed to the poor, worrying that rich patrons may be in a position to exercise arbitrary power over their impoverished clients. These concerns have led them to support impartial public provision by way of state welfare programs, including an unconditional basic income (UBI). In contrast to this administrative model of public welfare, I will propose a competitive model in which the state regulates and subsidizes a decentralized and nonstatist provision of support for the poor. This model will fix the historically objectionable features of private provision by having the state prevent collusion among private charities, deliver information to recipients about alternative sources of assistance, and give substantial grants to charities as well as tax incentives and vouchers to donors. I will contend that such an approach would do a better job of minimizing domination of the poor than traditional welfare states and may prove more politically feasible than a UBI, at least in the near term in certain national contexts.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116697965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In principle, democracy figures among the grandest of human aspirations. However, in practice, the democratic system in the United States has fallen far short of its ideals. This paper analyzes the dislocation between democratic ideals and practices. While organizational requisites impose unavoidable logistical limitations, democracy’s most acute failures tend to result from power brokers who tell big fibs about the distribution of power.
{"title":"The Big Fib: Democratic Ideals in an Unprincipled World","authors":"T. McGettigan","doi":"10.2139/ssrn.2824730","DOIUrl":"https://doi.org/10.2139/ssrn.2824730","url":null,"abstract":"In principle, democracy figures among the grandest of human aspirations. However, in practice, the democratic system in the United States has fallen far short of its ideals. This paper analyzes the dislocation between democratic ideals and practices. While organizational requisites impose unavoidable logistical limitations, democracy’s most acute failures tend to result from power brokers who tell big fibs about the distribution of power.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"18 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129453629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Under a deadweight loss of tax and transfer, there is tension between the optimal policy choices of a Rawlsian social planner and a utilitarian social planner. However, when with a weight greater than a certain critical value the individuals’ utility functions incorporate distaste for low relative income, a utilitarian will select exactly the same income distribution as a Rawlsian.
{"title":"Reconciling the Rawlsian and the Utilitarian Approaches to the Maximization of Social Welfare","authors":"O. Stark, Marcin Jakubek, Fryderyk Falniowski","doi":"10.2139/ssrn.2384450","DOIUrl":"https://doi.org/10.2139/ssrn.2384450","url":null,"abstract":"Under a deadweight loss of tax and transfer, there is tension between the optimal policy choices of a Rawlsian social planner and a utilitarian social planner. However, when with a weight greater than a certain critical value the individuals’ utility functions incorporate distaste for low relative income, a utilitarian will select exactly the same income distribution as a Rawlsian.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124793821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Public welfare policies in developing countries have a Rawlsian perspective; they seek to uplift the poor, the poorest of the poor in particular. Policies to enable the poor to catch up with the rich are generally two-fold, viz., inclusive growth, and redistributive (transfer) programmes. This paper proposes twin concepts and measures of convergence (AŽÂo*) and pseudo-convergence (pseudo-AŽÂo*) to characterize such outcomes. Unlike the conventional measures of convergence, they can contra-distinguish outcomes during economic growth as against decay. Illustrations based on estimates of per capita GDP and consumption across countries in the world show divergence and pseudo-divergence between 1993 and 2011. [IGIDR WP-2014-005].
{"title":"‘The Poorest Might Catch Up’: Convergence vs. Pseudo-Convergence","authors":"M. Suryanarayana, Mousumi Das","doi":"10.2139/ssrn.2371848","DOIUrl":"https://doi.org/10.2139/ssrn.2371848","url":null,"abstract":"Public welfare policies in developing countries have a Rawlsian perspective; they seek to uplift the poor, the poorest of the poor in particular. Policies to enable the poor to catch up with the rich are generally two-fold, viz., inclusive growth, and redistributive (transfer) programmes. This paper proposes twin concepts and measures of convergence (AŽÂo*) and pseudo-convergence (pseudo-AŽÂo*) to characterize such outcomes. Unlike the conventional measures of convergence, they can contra-distinguish outcomes during economic growth as against decay. Illustrations based on estimates of per capita GDP and consumption across countries in the world show divergence and pseudo-divergence between 1993 and 2011. [IGIDR WP-2014-005].","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125632245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: В общем виде традиционные общества сводили отношения распределения к справедливости. При этом различалась общая и частная справедливость. Под ними, с точки зрения современности, можно понимать различие мотивов деятельности или различие субъектов деятельности. Большинство исследователей придерживается "мотивационной" интерпретации. Общая справедливость есть добродетель, заключающаяся в следовании закону, а несправедливость есть нарушение закона. Частная справедливость предполагает бескорыстие и признание себя равным в отношениях с другими людьми. English Abstract: In general, traditional societies brought the relations of distribution to justice. They differentiated between general and particular justice. In terms of modernity, it is possible to understand the motives of the difference or distinction of stakeholders. Most researchers keep to "motivational" interpretations. Overall justice is the virtue which consists in following the law, and injustice is a violation of the law. Private equity involves selflessness and acceptance of himself equal in relationships with other people.
{"title":"ЭКОНОМИЧЕСКИЕ ВЗГЛЯДЫ АHTИЧНЫХ АВТОРОВ НА СПРАВЕДЛИВОСТЬ, ЭФФЕКТИВНОСТЬ И РАВЕНСТВО (Economic Views of Ancient Authors for Justice Efficiency and Equality)","authors":"Maria (Matevosyan) Grishina","doi":"10.2139/ssrn.2429887","DOIUrl":"https://doi.org/10.2139/ssrn.2429887","url":null,"abstract":"Russian Abstract: В общем виде традиционные общества сводили отношения распределения к справедливости. При этом различалась общая и частная справедливость. Под ними, с точки зрения современности, можно понимать различие мотивов деятельности или различие субъектов деятельности. Большинство исследователей придерживается \"мотивационной\" интерпретации. Общая справедливость есть добродетель, заключающаяся в следовании закону, а несправедливость есть нарушение закона. Частная справедливость предполагает бескорыстие и признание себя равным в отношениях с другими людьми. English Abstract: In general, traditional societies brought the relations of distribution to justice. They differentiated between general and particular justice. In terms of modernity, it is possible to understand the motives of the difference or distinction of stakeholders. Most researchers keep to \"motivational\" interpretations. Overall justice is the virtue which consists in following the law, and injustice is a violation of the law. Private equity involves selflessness and acceptance of himself equal in relationships with other people.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126987400","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter ponders several understandings of conceptual analysis in the context of debates over distributive justice. The chapter's first three main sections consider the concept/conception distinction in its multilayered complexity in a couple of prominent recent accounts of justice. The chapter explores how those theories of justice unfold over several levels of increasing specificity. Thereafter, the chapter takes up the vexed question whether expositions of the concept of justice can ever be austerely analytical or formal rather than morally value-laden. After distinguishing between value-independence and value-neutrality, the chapter argues that, although some possible accounts of justice are at least partly value-neutral, no accounts of justice are ever value-independent.
{"title":"Conceptual Analysis and Distributive Justice","authors":"Matthew H Kramer","doi":"10.2139/ssrn.2277549","DOIUrl":"https://doi.org/10.2139/ssrn.2277549","url":null,"abstract":"This chapter ponders several understandings of conceptual analysis in the context of debates over distributive justice. The chapter's first three main sections consider the concept/conception distinction in its multilayered complexity in a couple of prominent recent accounts of justice. The chapter explores how those theories of justice unfold over several levels of increasing specificity. Thereafter, the chapter takes up the vexed question whether expositions of the concept of justice can ever be austerely analytical or formal rather than morally value-laden. After distinguishing between value-independence and value-neutrality, the chapter argues that, although some possible accounts of justice are at least partly value-neutral, no accounts of justice are ever value-independent.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115454993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists.
{"title":"Implications of Migration Theory for Distributive Justice","authors":"A. Sager","doi":"10.21248/GJN.5.0.31","DOIUrl":"https://doi.org/10.21248/GJN.5.0.31","url":null,"abstract":"This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists.","PeriodicalId":138110,"journal":{"name":"PSN: Justice (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116643495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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