Justice Justified
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The Right To Justification
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Author : Rainer Forst
language : en
Publisher: Columbia University Press
Release Date : 2012
The Right To Justification written by Rainer Forst and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Philosophy categories.
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice?freedom, democracy, equality, and toleration?and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
The Justification Of The Law
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Author : Clarence Morris
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
The Justification Of The Law written by Clarence Morris and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Law categories.
"Men enjoy justice steadily and by design only when they live in a society that affords opportunities to all . . . to form aspirations for their society."—From the Introduction "The crux about which this book revolves is theory of justice," writes Clarence Morris. In its simplest form, his theory is this: the more the law implements the public's genuine and important aspirations—not its desires for individual gratification but the social, deep-seated unselfish, nonexploitable aspirations—the more just the legal system becomes. "Man's capacity for justice does not flow from divine reason or divine revelation. Men enjoy justice steadily and by design only when they live in a society that affords opportunities in all its inhabitants to develop their capacity to form aspirations for their society." Up to now the world's capacity for justice, so defined, has been small. Some believe that the Western world is still too suppressed for such aspirations and that true justice will emerge only after its liberation. Herbert Marcuse calls for liberation through revolution; John Stuart Mill, relying on man's reason, urged peaceful nonconformity. Both, says Morris, are wrong—but we should learn from Marcuse that every aspiration has an emotional dimension, and we should not allow Mill to persuade us that justice is only a matter of factual discovery. And, since justices are always in flux, the justice of one time or place can become the clumsy legalistics of another. In the light of this theory of justice the author examines the complex logic with which the law must tread its way through the maze of human existence; the need for general rules ("enacted law" and judicial precedents); the function of sociological insights in the development of common law; and the role of statutory penal law, strikingly illustrated from the Chinese Imperial Code.
Justice And Justification
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Author : Norman Daniels
language : en
Publisher: Cambridge University Press
Release Date : 1996-09-28
Justice And Justification written by Norman Daniels and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-09-28 with Medical categories.
We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the United States explores the claim that justification in ethics, whether concerning matters of theory or practice, involves achieving coherence or "reflective equilibrium" (as Rawls has called it) between our moral and nonmoral beliefs. Among the practical issues the volume addresses are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing practices. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy.
Justitiarius Justificatus
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Author : George Wither
language : en
Publisher:
Release Date : 1646
Justitiarius Justificatus written by George Wither and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1646 with categories.
The Right To Justification
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Author : Rainer Forst
language : en
Publisher:
Release Date : 2011
The Right To Justification written by Rainer Forst and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Constructivism (Philosophy) categories.
Justice And Punishment
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Author : Matt Matravers
language : en
Publisher: OUP Oxford
Release Date : 2000-08-03
Justice And Punishment written by Matt Matravers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-08-03 with Political Science categories.
This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.
Constitutionalism Justified
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Author : Ester Herlin-Karnell
language : en
Publisher: Oxford University Press
Release Date : 2019-10-15
Constitutionalism Justified written by Ester Herlin-Karnell 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 2019-10-15 with Law categories.
Constitutionalism Justified analyzes leading Frankfurt School theorist Rainer Forst's theory of a basic right to justification, unique in combining insights from philosophy, constitutionalism, and legal theory. Drawing upon Kant's critical philosophy and Habermas's discourse theory, he has developed fresh perspectives on core topics like the concept of justice, the relation between modernity and emancipation, and human rights. The contributors to this volume explore Forst's work from three different perspectives: philosophy, legal philosophy, and constitutional theory. The first part of this volume addresses the philosophical argument of the basic right to justification, including the influence of Kantian thought on this right, the deontological versus teleological fundamentals, the tension between moral pluralism and universalism, and the relation of the right to justification with social and distributive justice. The second part covers how the right to justification is embedded in constitutional and legal frameworks. It explores the implications that Forst's right to justification has for conceptualizing constitutional democracy and its foundations, and how the moral right to justification may translate into particular practices of justification that are constrained by a legal framework. This includes discussion of the value of constitutionalism in general, of the relation between the formal structure of democracy and substantive justice, of the inclusion of outsiders to the constitutional setting, and of proportionality analysis and judicial review as forms of justification. The book concludes with Rainer Forst's reply to his interlocutors, making the book a valuable source for future research.
The Justice Of War
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Author : Richard A. S. Hall
language : en
Publisher: Lexington Books
Release Date : 2019-11-06
The Justice Of War written by Richard A. S. Hall and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-06 with Philosophy categories.
The Justice of War: Its Foundations in Ethics and Natural Law puts normative ethical theory at the forefront in its discussion of the justice of war. Situating the modern theory of just war in its historical context, Richard A. S. Hall gives full attention to natural law, a mainstay of just war theory. Hall considers the American philosopher Josiah Royce’s implicit theory of just war with its suggestion of a fourth component of just war theory (in addition to jus ad bellum, jus in bello, and jus post bellum), namely, jus ad pacem—justice/law for or about peace—concerning the prevention of war and the maintenance of peace. This book addresses, and answers affirmatively, the following questions raised by just war theory: Can just war theory be rationally defended against its realpolitik critics? Can there by such a thing as a just or moral war? The book aims at showing the doubters and critics that just war theory is a viable alternative to both the political realism of realpolitik and pacifism. In brief, war can be morally justified, though under very restrictive conditions.
Justification And Critique
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Author : Rainer Forst
language : en
Publisher: Polity
Release Date : 2014
Justification And Critique written by Rainer Forst and has been published by Polity this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.
Rainer Forst develops a critical theory capable of deciphering the deficits and potentials inherent in contemporary political reality. This calls for a perspective which is immanent to social and political practices and at the same time transcends them. Forst regards society as a whole as an ‘order of justification’ comprising complexes of different norms referring to institutions and corresponding practices of justification. The task of a ‘critique of relations of justification’, therefore, is to analyse such legitimations with regard to their validity and genesis and to explore the social and political asymmetries leading to inequalities in the ‘justification power’ which enables persons or groups to contest given justifications and to create new ones. Starting from the concept of justification as a basic social practice, Forst develops a theory of political and social justice, human rights and democracy, as well as of power and of critique itself. In so doing, he engages in a critique of a number of contemporary approaches in political philosophy and critical theory. Finally, he also addresses the question of the utopian horizon of social criticism.
Justice Justified Or The Judges Commission Opened
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Author : James Strong
language : en
Publisher:
Release Date : 2021-07
Justice Justified Or The Judges Commission Opened written by James Strong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07 with categories.
Justice justified or The judges commission openedJames Strong