During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

It will be seen how in place of the wealth and poverty of political economy come the rich human being and rich human need. The rich human being is simultaneously the human being in need of totality of human life-activities — the man in whom his own realization exists as an inner necessity, as need. Marx, Economic and Philosophical Manuscripts of 1844 Svetaketu abstained from food for fifteen days. Then he came to his father and said, `What shall I say?' (...) The father said: `Repeat the Rik, Yagus, and Saman verses.' He replied, `They do not occur to me, Sir.' The father said to him... `Go and eat! Then wilt thou understand me.' Then Svetaketu ate, and afterwards approached his father. And whatever his father asked him, he knew it all by heart.... After that, he understood what his father meant when he said: `Mind, my son, comes from food, breath from water, speech from fire.' He understood what he said, yea, he understood it. Chandogya-Upanishad, VI Prapathaka, 7 Kanda When you love a man you want him to live and when you hate him you want him to die. If, having wanted him to live, you then want him to die, this is a misguided judgment. `If you did not do so for the sake of riches, you must have done so for the sake of novelty.' Confucius, Analects, Book 12. 10. (shrink)

A liberal society seeks not to impose a single way of life, but to leave its citizens as free as possible to choose their own values and ends. It therefore must govern by principles of justice that do not presuppose any particular vision of the good life. But can any such principles be found? And if not, what are the consequences for justice as a moral and political ideal? These are the questions Michael Sandel takes up in this penetrating critique (...) of contemporary liberalism. Sandel locates modern liberalism in the tradition of Kant, and focuses on its most influential recent expression in the work of John Rawls. In the most important challenge yet to Rawls' theory of justice, Sandel traces the limits of liberalism to the conception of the person that underlies it, and argues for a deeper understanding of community than liberalism allows. (shrink)

Despite the resurgent interest in the emotions, not much attention has focused specifically on those emotions that relate to others. deserved or undeserved fortunes. In this essay, I explore such emotions, logically and morally, with special emphasis on indignation and Schadenfreude. I argue that, when Aristotle.s treatment of this family of emotions is stripped of certain anomalies, it gives a logically satisfying and morally suggestive, if perhaps overly rigid, account of all the relevant emotions and their relations. I use those (...) insights to challenge some recent accounts of Schadenfreude and to focus instead on pleasure at deserved bad fortune as satisfied indignation. Furthermore, I suggest that the proper experience of fortunes-of-others emotions lays the ground for justice as a personal virtue, a virtue which, in turn, is required for full-scale social justice. (shrink)

Despite the resurgent interest in the emotions, not much attention has focused specifically on those emotions that relate to others. deserved or undeserved fortunes. In this essay, I explore such emotions, logically and morally, with special emphasis on indignation and Schadenfreude. I argue that, when Aristotle.s treatment of this family of emotions is stripped of certain anomalies, it gives a logically satisfying and morally suggestive, if perhaps overly rigid, account of all the relevant emotions and their relations. I use those (...) insights to challenge some recent accounts of Schadenfreude and to focus instead on pleasure at deserved bad fortune as satisfied indignation. Furthermore, I suggest that the proper experience of fortunes-of-others emotions lays the ground for justice as a personal virtue, a virtue which, in turn, is required for full-scale social justice. (shrink)

This text argues that justice is a virtue which everyone shares - a function of personal character and not just of government or economic planning. It uses examples from Plato to Ivan Boesky, to document how we live and how we feel.

The two central emotions of pride and jealousy have long been held to have no role in moral judgements, and have been a source of controversy in both ethics and moral psychology. Kristjan Kristjansson challenges this common view and argues that emotions are central to moral excellence and that both pride and jealousy are indeed ingredients of a well-rounded virtuous life.

This book offers a new approach to a fundamental question: What is justice? In building his theory, Cupit maintains that injustice should be understood as a form of unfitting treatment--typically the treatment of people as less than they are. Justice is therefore closely related to unjustified contempt and disrespect, and ultimately to desert.