Commutative Justice
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Commutative Justice
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Author : Carl David Mildenberger
language : en
Publisher: Routledge
Release Date : 2020-02-17
Commutative Justice written by Carl David Mildenberger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-17 with Philosophy categories.
This book develops a liberal theory of justice in exchange. It identifies the conditions that market exchanges need to fulfill to be just. It also addresses head-on a consequentialist challenge to existing theories of exchange, namely that, in light of new harms faced at the global level, we need to consider the combined consequences of millions of market exchanges to reach a final judgment about whether some individual exchange is just. The author argues that, even if we accept this challenge, the effect of it is minimal. For different reasons, normatively problematic collective market outcomes like externalities, monopolies, violations of the Lockean proviso, inequality, and commodification do not pose particular problems to the justice of market exchanges. He outlines the various conditions a market exchange needs to fulfill to be considered just from a liberal background and in light of the new harms. Ultimately, he shows, it is not the market which is to blame; if we want to tackle issues like global warming or global economic injustice, we should not blindly follow the intuition that we best restrain and regulate markets. Commutative Justice is unique in its focus on justice in exchange rather than on end-state distributive justice, and the way in which it addresses the new harms we are facing today. It will be of interest to researchers and advanced students in philosophy, politics, and economics who are working on questions of economic justice.
Commutative Justice
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Author : Carl David Mildenberger
language : en
Publisher:
Release Date : 2020
Commutative Justice written by Carl David Mildenberger and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Philosophy categories.
"This book develops a liberal theory of justice in exchange. It identifies the conditions that market exchanges need to fulfill to be just. It also addresses head-on a consequentialist challenge to existing theories of exchange, namely that, in light of new harms faced at the global level, we need to consider the combined consequences of millions of market exchanges to reach a final judgment about whether some individual exchange is just. The author argues that, even if we accept this challenge, the effect of it is minimal. For different reasons, normatively problematic collective market outcomes like externalities, monopolies, violations of the Lockean proviso, inequality, and commodification do not pose particular problems to the justice of market exchanges. He outlines the various conditions a market exchange needs to fulfill to be considered just from a liberal background and in light of the new harms. Ultimately, he shows, it is not the market which is to blame; if we want to tackle issues like global warming or global economic injustice, we should not blindly follow the intuition that we best restrain and regulate markets"--
Corrective Justice
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Author : Ernest J. Weinrib
language : en
Publisher: OUP Oxford
Release Date : 2012-09-20
Corrective Justice written by Ernest J. Weinrib and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-20 with Law categories.
Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Justice
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Author : Ronald L. Cohen
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
Justice written by Ronald L. Cohen and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Psychology categories.
Ronald L. Cohen Justice is a central moral standard in social life. It is invoked in judging individual persons and in judging the basic structure of societies. It has been described as akin to a "human hunger or thirst" (Pascal, Pensees, cited in Hirschman, 1982, p. 91), "more powerful than any physical hunger, and endlessly resilient" (Pitkin, 1981, p. 349). The most prominent contemporary theory of justice proceeds from the claim that justice is "the first virtue of social institutions, as truth is systems of thought" (Rawls, 1971, p. 3). However, as the following chapters demonstrate, justice has a complex and controversial history. If, as has been claimed, justice is a central category of human thought and a central aspect of human motivation, can it also be the case that to invoke justice is no more than "banging on the table: an emotional expression which turns one's demand into an absolute postulate" (Ross, 1959, p. 274)? If justice is the first virtue of social institutions, can the concept of social or economic justice at the same time be "entirely empty and meaningless" so that any attempt to employ it is "either thoughtless or fraudulent" (Hayek, 1976, pp. xi-xii)? In a formal sense, justice concerns ensuring that each person receives what she or he is due.
Forgotten Justice
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Author : Allan Beever
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14
Forgotten Justice written by Allan Beever and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.
Throughout much of the history of political philosophy, many of the great philosophers begin their work with an investigation of private law. Why is this? And why is the central focus of our modern concern, the state, examined so late in their works? This book suggests an answer to these and related questions. It reveals that there are two general ways of thinking about the legal and the political: the modern which sees all through the lens of the state, and the traditional which begins with individuals and with the normative relations that exist between them building only slowly towards the community and the state. In the modern view, private law is understood as a method for achieving certain social goals. As such, it can be overlooked by political philosophy. For the traditional view, on the other hand, private law is of central philosophical importance, because it is there that we observe a society's enunciation of its most fundamental political and legal values. Arguing that an understanding of the traditional view is essential to an understanding of private law and political life, this book highlights how the modern conception is seriously distorting in this regard. A story unfolds throughout the chapters: the story of the growth and decline of the traditional view in political and legal thought. It challenges the modern fixation with the state, arguing for a return to the traditional view of legal and political community.
Philosophy Of Thomas Aquinas On Justice And Human Rights
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Author : Joe Barth Abba
language : en
Publisher: LIT Verlag Münster
Release Date : 2017
Philosophy Of Thomas Aquinas On Justice And Human Rights written by Joe Barth Abba and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Christianity and justice categories.
"A type of book we always long to read for peace and joy in any nation, Father Dr. JoeBarth Abba touched many areas amidst orgies of circles of terrorisms, Islamic insurgents with key solutions for psycho-dialogical ways on cultural ethnic tensions for conflicts resolution." --Gerhard Ludwig Cardinal Mueller, Vatican, Rome ***The book presents an inquiry into the thoughts and scholasticism of Thomas Aquinas, his classical philosophical synthesis, his insights, and the quest for Justice and Human Rights as a panacea or desired urgent solution to racial justice, abuse of human life, and human rights. Dissertation. (Series: Philosophy / Philosophie, Vol. 108) [Subject: African Studies, Human Rights Studies, Philosophy, Christian Studies, Thomas Aquinas]
The Ethics Of Aquinas
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Author : Stephen J. Pope
language : en
Publisher: Georgetown University Press
Release Date : 2002
The Ethics Of Aquinas written by Stephen J. Pope and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Philosophy categories.
In this comprehensive anthology, twenty-seven outstanding scholars from North America and Europe address every major aspect of Thomas Aquinas's understanding of morality and comment on his remarkable legacy. While there has been a revival of interest in recent years in the ethics of St. Thomas, no single work has yet fully examined the basic moral arguments and content of Aquinas' major moral work, the Second Part of the Summa Theologiae. This work fills that lacuna. The first chapters of The Ethics of Aquinas introduce readers to the sources, methods, and major themes of Aquinas's ethics. The second part of the book provides an extended discussion of ideas in the Second Part of the Summa Theologiae, in which contributors present cogent interpretations of the structure, major arguments, and themes of each of the treatises. The third and final part examines aspects of Thomistic ethics in the twentieth century and beyond. These essays reflect a diverse group of scholars representing a variety of intellectual perspectives. Contributors span numerous fields of study, including intellectual history, medieval studies, moral philosophy, religious ethics, and moral theology. This remarkable variety underscores how interpretations of Thomas's ethics continue to develop and evolve-and stimulate fervent discussion within the academy and the church. This volume is aimed at scholars, students, clergy, and all those who continue to find Aquinas a rich source of moral insight.
Distributive Justice And The New Medicine
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Author : George Patrick Smith
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Distributive Justice And The New Medicine written by George Patrick Smith and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Medical categories.
Smith has packed an incredible amount of information into this relatively short and clearly written book. His erudition is unquestionable, and his knowledge of current trends in medical technology and the ethical issues surrounding them is obvious on every page. P. Jenkins, Choice George P. Smith is one of the world s leading experts on the legal and ethical issues raised by modern medicine. His book is a wide-ranging and deeply informed and considered analysis of those issues, with particular emphasis on the inequality with which the benefits of modern medicine are bestowed on the sick. Knowledgeable as well about the technical aspects of the biomedical revolution, Smith writes with insight and authority, and offers a perspective that will influence the policy debates. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US While much has been written about the various issues addressed in this book genetics, cloning, informed consent, organ donation Smith s book moves beyond traditional legal analysis, tying these issues together by examining them through the lens of distributive justice. He thus provides the reader with a unique and valuable perspective on this important area. Distributive Justice and the New Medicine will be of interest to all those interested in health law and bioethics and in particular for those interested in distributive justice. Belinda Bennett, Journal of Law, Social Justice and Global Development Professor George P. Smith s Distributive Justice and the New Medicine is a major new work by one of the world s leading medical lawyers. This book brings important new insights into the complex area of rationing health care resources and should be read by anyone interested in seeking to create a just society. Jonathan Herring, Exeter College, University of Oxford, UK Is the advancement of scientific knowledge and the development of biomedical technologies known as the New Medicine desirable? George P. Smith asks this fundamental question while also confronting the distribution of these scarce medical resources. Law, economics, medical science, philosophy and ethics all coalesce in this discussion of how to structure normative standards of conduct that will improve the quality of human life. The author begins by examining various economic constructs as aids for achieving a fair and equitable delivery of health care services. He then assesses their level of practical application and evaluates the costs and benefits to society of pursuing the development and use of the New Medicine . The book ends with a case study of organ and tissue transplantation that illustrates the implementation of distributive justice. The author concludes that as long as clinical medicine maintains its focus on healing and alleviating suffering among patients, a point of equilibrium will be reached that advances the common good. This timely and compelling exploration will be a must-read for scholars, researchers, policymakers and all those interested in advances in medical technology and the issues surrounding access to health care.
Justice
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Author : Tom Campbell
language : en
Publisher:
Release Date : 1988
Justice written by Tom Campbell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Political theorists agree that justice is a fundamental political value but disagree profoundly about its proper analysis and philosophical justification. This book sets out the main contending theories of justice as exemplified in the works of John Rawls, Ronald Dworkin, Bruce Ackerman, Richard Posner, and Wojciech Sadurski. Each approach is introduced in its own terms, assessed in accordance with its ability to generate a clear, consistent and illuminating account of justice as a distinctive social, political and legal value, and then assessed in a specific area of practice, such as welfare rights, the protection of minorities, the distribution of income and criminal law.
Corrective And Distributive Justice
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Author : Izhak Englard
language : en
Publisher: Oxford University Press
Release Date : 2009
Corrective And Distributive Justice written by Izhak Englard and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
"Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. This book offers the modern reader a touchstone synthesis of intellectual and legal history."--BOOK JACKET.
