Justice Theory

Justice Anthony Kennedy slipped out of the Supreme Court building on June 27, 2018, and traveled incognito to the White House to inform President Donald Trump that he was retiring, setting in motion a political process that his successor, Brett Kavanaugh, would denounce three months later as a "national disgrace" and a "circus". Justice on Trial, the definitive insider's account of Kavanaugh's appointment to the Supreme Court, is based on extraordinary access to more than 100 key figures - including the president, justices, and senators - in that ferocious political drama.

From nineteenth-century abolitionism to Black Lives Matter today, progressive social movements have been at the forefront of social change. Yet it is seldom recognized that such movements have not only engaged in political action but also posed crucial philosophical questions about the meaning of justice and about how the demands of justice can be met. Michele Moody-Adams argues that anyone who is concerned with the theory or the practice of justice—or both—must ask what can be learned from social movements.

The half-century before the Civil War was beset with conflict over equality as well as freedom. Beginning in 1803, many free states, claiming the authority to maintain the domestic peace, enacted laws that discouraged free African Americans from settling their boundaries and restricted the rights to testify in court, move freely from place to place, work, vote, and attend public school. But over time, African American activists and their white allies, often facing mob violence, courageously built a movement to fight these racist laws.

America's criminal justice system is among the deadliest and most racist in the world and it disproportionally targets Black Americans, who are also disproportionately poor, hungry, houseless, jobless, sick, and poorly educated. By every metric of misery, this nation does not act like Black Lives Matter. In order to break out of the trap of racialized mass incarceration and relentless racial oppression, we, as a society, need to rethink our basic assumptions about blame and punishment.

Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism—a framework that says we must be constrained by the meaning of the Constitution's text when it was written.

Nearly every aspect of our criminal justice system encourages defendants-whether innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and pun­ishing citizens.

The tumultuous Flint sit-down strike of 1936-1937 was the birth of the United Auto Workers, which set the standard for wages in every industry. Midnight in Vehicle City tells the gripping story of how workers defeated General Motors, the largest industrial corporation in the world. Their victory ushered in the golden age of the American middle class and created a new kind of America, one in which every worker had a right to a share of the company’s wealth.

In 1965, President Lyndon Johnson insisted that "the policeman is the frontline soldier in our war against crime", and police forces, arms makers, policy makers, and crime experts heeded this call to arms, bringing weapons and practices from the arena of war back home. The Punitive Turn in American Life offers a political and cultural history of the ways in which punishment and surveillance have moved to the center of American life and become imbued with militarized language and policies.

Privilege is a social consequence of our unwillingness to reckon with and turn from sin. But stewarded, it can help us see and participate in God's inbreaking kingdom. Scripture repeatedly affirms that privilege is real and declares that, rather than exploiting it for selfish gain or feeling immobilized by it, Christians have a responsibility to leverage it. Subversive Witness asks us to grapple with privilege, indifference, and systemic sin in new ways by using biblical examples to reveal the complex nature of privilege and Christians' responsibility in stewarding it well.

The Chief Washington Correspondent for the New York Times presents a richly detailed, news-breaking, and conversation-changing look at the unprecedented political fight to fill the Supreme Court seat made vacant by Antonin Scalia’s death - using it to explain the paralyzing and all but irreversible dysfunction across all three branches in the nation’s capital.

In The Ajax Dilemma, Paul Woodruff examines one of today's most pressing moral issues: how to distribute rewards and public recognition without damaging the social fabric. How should we honor those whose behavior and achievement is essential to our overall success? Is it fair or right to lavish rewards on the superstar at the expense of the hardworking rank-and-file? How do we distinguish an impartial fairness from what is truly just?

They began as close allies and friends of FDR, but the quest to shape a new Constitution led them to competition and sometimes outright warfare. Scorpions tells the story of four great justices: their relationship with Roosevelt, with each other, and with the turbulent world of the Great Depression, World War II, and the Cold War. It also serves as a history of the modern Constitution itself.

Ana Jacobs knows the Elite and their depravity all too well. She was one of them once. Her father was a member of the Inner Circle and head of the Trinity funding the corruption of Sun City. When he learned she knew the names of those he'd hidden so well, he turned his back on her, had her kidnapped and tortured to protect his secrets. When she escapes the island and learns of her father’s death at the hands of a knife-wielding vigilante called the Nightwatchman, she returns to Sun City, vowing to use her knowledge to protect the city.

Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to these problems. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He assesses our nation's ethic of meritocratic justice in light of Scripture and exposes the theologies that embolden mass incarceration.

A century after Appomattox, the civil rights movement won full citizenship for black Americans in the South. It should not have been necessary: by 1870 those rights were set in the Constitution. This is the story of the terrorist campaign that took them away.

Secular models of peacemaking are insufficient. And the church has not always fulfilled its call to be agents of reconciliation in the world. In Reconciling All Things, Emmanuel Katongole and Chris Rice cast a comprehensive vision for reconciliation that is biblical, transformative, holistic, and global. They draw on the resources of the Christian story, including their own individual experiences in Uganda and Mississippi, to bring solid, theological reflection to bear on the work of reconciling individuals, groups, and societies.

How Free Speech Saved Democracy is a revealing reminder that First Amendment rights have often been curtailed in efforts to block progress, and that current measures to reduce hurtful language and to end hate speech could backfire on those who promote them.

When conflicts become entrenched over generations, the language of war infiltrates everyday life, concealing destruction and hardening positions. Nowhere is this truer than in the Middle East. Award-winning author Raja Shehadeh explores the politics of language and the language of politics in the Israeli-Palestinian conflict, reflecting on the walls that they create - legal and cultural - that confine today's Palestinians just like the borders, checkpoints and so-called "Separation Barrier".