Persons, Interests, and Justice

Author: Nils Holtug

Publisher: Oxford University Press

ISBN: 0199580170

Category: Philosophy

Page: 356

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In our lives, we aim to achieve welfare for ourselves, that is, to live good lives. But we also have another, more impartial perspective, where we aim to balance our concern for our own welfare against a concern for the welfare of others. This is a perspective of justice. Nils Holtug examines these two perspectives and the relations between them. The first part of the book is concerned with prudence; more precisely, with what the necessary and sufficient conditions are for having a self-interest in a particular benefit. It includes discussions of the extent to which self-interest depends on preferences, personal identity, and what matters in survival. It also considers the issue of whether it can benefit (or harm) a person to come into existence and what the implications are for our theory of self-interest. A 'prudential view' is defended, according to which a person has a present self-interest in a future benefit if and only if she stands in a relation of continuous physical realization of (appropriate) psychology to the beneficiary, where the strength of the self-interest depends both on the size of the benefit and on the strength of this relation. The second part of the book concerns distributive justice and so how to distribute welfare or self-interest fulfilment over individuals. It includes discussions of welfarism, egalitarianism and prioritarianism, population ethics, the importance of personal identity and what matters for distributive justice, and the importance of all these issues for various topics in applied ethics, including the badness of death. Here, a version of prioritarianism is defended, according to which, roughly, the moral value of a benefit to an individual at a time depends on both the size of the benefit and on the individual's self-interest, at that time, in the other benefits that accrue to her at this and other times.

Justice for the Past

Author: Stephen Kershnar

Publisher: SUNY Press

ISBN: 9780791460719

Category: Political Science

Page: 158

View: 3609

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Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice--where both the victims and perpetrators are long dead--cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.

Property and Justice

Author: J. W. Harris

Publisher: OUP Oxford

ISBN: 0191024457

Category: Law

Page: 416

View: 6572

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When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both with the use of things and the allocation of wealth, and that everyone has a 'right' that society should provide such an institution.

Blacks and Social Justice

Author: Bernard R. Boxill

Publisher: Rowman & Littlefield

ISBN: 9780847677108

Category: Biography & Autobiography

Page: 296

View: 8172

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From Bernard Boxill, professor of philosophy at the University of North Carolina at Chapel Hill and editor of Race and Racism, comes a tightly-argued, very illuminating book that will be essential reading for anyone interested in Black/Africana philosophy.

Freedom, Recognition and Non-Domination

A Republican Theory of (Global) Justice

Author: Fabian Schuppert

Publisher: Springer Science & Business Media

ISBN: 9400768060

Category: Philosophy

Page: 201

View: 9661

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This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the author argues, republicans should endorse a sufficientarian account of social justice, which focuses on the nature of social relationships and their effects on people's ability to act freely and realize their fundamental interests. On the global level, the book argues for the cosmopolitan extension of the republican principles of non-domination and non-alienation within a multi-level democratic system. In so doing, the book addresses a major gap in the existing literature, presenting an original theory of justice, which combines Hegelian recognition theory and republican ideas of freedom, and applying this hybrid theory to the global domain.

Information Technology and Social Justice

Author: Rooksby, Emma

Publisher: IGI Global

ISBN: 1591409705

Category: Computers

Page: 292

View: 1474

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The term digital divide is still used regularly to characterize the injustice associated with inequalities in access to information and communication technologies (ICTs). As the debate continues and becomes more sophisticated, more and more aspects of the distribution of ICTs are singled out as relevant to characterizations of the digital divide and of its moral status. The best way to articulate the digital divide is to relate it to other aspects of social and distributive justice, using a mixture of pre-existing theories within moral and political philosophy. These theories are complemented with contributions from sociology, communication studies, information systems, and a range of other disciplines. Information Technology and Social Justice presents conceptual frameworks for understanding and tackling digital divides. It includes information on access and skills, access and motivation, and other various levels of access. It also presents a detailed analysis of the benefits and value of access to ICTs.

Experience and Conduct

A Philosophical Enquiry Into Practical Thinking

Author: Stephan K Rner

Publisher: CUP Archive

ISBN: 9780521299435

Category: Philosophy

Page: 280

View: 7022

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This study details the concepts of morality, prudence, justice, welfare and legality, as well as the logical foundations, epistemology and metaphysics of practical thinking.

Justice and Justification

Reflective Equilibrium in Theory and Practice

Author: Norman Daniels

Publisher: Cambridge University Press

ISBN: 9780521467117

Category: Medical

Page: 365

View: 7903

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A collection of essays exploring ethics and their relation to moral and non-moral beliefs.

Democracy and the Quest for Justice

Russian and American Perspectives

Author: William Gay,T. A. Alekseeva

Publisher: Rodopi

ISBN: 9789042010994

Category: Philosophy

Page: 154

View: 8943

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This book examines the changes and challenges to democracy particularly in contemporary Russia. In the first section, Russian and American philosophers scrutinize the virtues and vices facing a country changing to a democratic government. The book, secondly, explores the challenges facing a democratic Russia. Lastly, the book considers carefully issues of social justice arising from the relationship between democracy and the current economic climate of globalization. The series Contemporary Russian Philosophy explores a variety of perspectives in and on philosophy as it is currently being practiced in Russia. Co-sponsored by the Center for Professional and Applied Ethics at the University of North Carolina, Charlotte, and by the Russian Philosophical Society, this special series features collaborative works between Russians and Americans, collections of essays by Russians, and monographs by Russians. All volumes are published in English.

A Theory of Justice

Author: John Rawls

Publisher: Harvard University Press

ISBN: 9780674042582

Category: Law

Page: 560

View: 5026

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Since it appeared in 1971, John Rawls's "A Theory of Justice" has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published.

Law, Justice and the State

Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993

Author: International Association for Philosophy of Law and Social Philosophy. World Congress

Publisher: Franz Steiner Verlag

ISBN: 9783515066051

Category: Civil rights

Page: 272

View: 6370

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Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.

The Problem of Political Authority

An Examination of the Right to Coerce and the Duty to Obey

Author: Michael Huemer

Publisher: Springer

ISBN: 1137281669

Category: Philosophy

Page: 365

View: 5188

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The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.

Justice and Foreign Rule

On International Transitional Administration

Author: D. Jacob

Publisher: Springer

ISBN: 1137452579

Category: Political Science

Page: 178

View: 2249

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Can foreign rule be morally justified? Since the end of the First World War, international transitional administrations have replaced dysfunctional states to create the conditions for lasting peace and democracy. In response to extreme state failure, the author argues, this form of foreign rule is not only justified, but a requirement of justice.

Disabled Justice?

Access to Justice and the UN Convention on the Rights of Persons with Disabilities

Author: Eilionóir Flynn

Publisher: Routledge

ISBN: 1317150031

Category: Law

Page: 192

View: 2128

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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.

Lawyers' Ethics and the Pursuit of Social Justice

A Critical Reader

Author: Susan D. Carle

Publisher: NYU Press

ISBN: 9780814716397

Category: Law

Page: 425

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Susan D. Carle centers this collection of texts on the premise that legal ethics should be far more than a set of rules on professional responsibility.

Justice, Rights, and Tort Law

Author: M.E. Bayles,Bruce Chapman

Publisher: Springer Science & Business Media

ISBN: 9400972032

Category: Philosophy

Page: 272

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The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Aristotle's First Principles

Author: Terence Irwin

Publisher: Clarendon Press

ISBN: 019151991X

Category: Philosophy

Page: 720

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Aristotle's reliance on dialectic as a method of philosophy appears to conflict with his metaphysical realist view of his conclusions. This book explores Aristotle's philosophical method and the merits of his conclusions, and shows how he defends dialectic against the objection that it cannot justify a metaphysical realist's claims. The author does not presuppose extensive previous acquaintance with Aristotle. Greek texts are translated, and Greek words transliterated.

Rights, Justice, and the Bounds of Liberty

Essays in Social Philosophy

Author: Joel Feinberg

Publisher: Princeton University Press

ISBN: 1400853974

Category: Political Science

Page: 336

View: 5808

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This volume of essays by one of America's preeminent philosophers in the area of jurisprudence and moral philosophy gathers together fourteen papers that had been published in widely scattered and not readily accessible sources. All of the essays deal with the political ideals of liberty and justice or with hard cases for the application of the concept of a right. Originally published in 1980. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.