Ccidental Justice

The Concept of Justice

In The Concept of Justice, Patrick Burke explores and argues for a return to traditional ideas of ordinary justice in opposition to conceptions of 'social justice' that came to dominate political thought in the 20th Century. Arguing that our notions of justice have been made incoherent by the radical incompatibility between instinctive notions of ordinary justice and theoretical conceptions of social justice, the book goes on to explore the historical roots of these ideas of social justice. Finding the roots of these ideas in religious circles in Italy and England in the 19th century, Burke explores the ongoing religious influence in the development of the concept in the works of Marx, Mill and Hobhouse. In opposition to this legacy of liberal thought, the book presents a new theory of ordinary justice drawing on the thought of Immanuel Kant. In this light, Burke finds that all genuine ethical evaluation must presuppose free will and individual responsibility and that all true injustice is fundamentally coercive.

Canadian Justice, Indigenous Injustice

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Justice of the Peace