Justice

Edited by Christian Barry (Australian National University)
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  1. Constitution et éthique biomédicale: France, États-Unis, Espagne, Grande-Bretagne, Canada, Allenagne, Suisse, Pologne, Cour de justice des Communautés européennes, Cour européenne des Droits de l'homme, Unesco: actes du colloque international tenu à Paris... les 6 et 7 février 1997.Noëlle Lenoir, Bertrand Mathieu & Didier Maus (eds.) - 1998 - Paris: La Documentation franc̜aise.
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  2. Criminal Punishment and the Right to Rule.Malcolm Thorburn - 2019 - University of Toronto Law Journal 70:44-63.
    Criminal justice is much more deeply connected to the very possibility of state authority than is usually understood. In this article, I argue that, whatever else criminal justice might accomplish, there is one task that it must accomplish. This, I argue, is because a certain idea of criminal justice is built into the very idea of state authority as we know it. It is just part of the idea of individuals having a private right, I argue, that there exists a (...)
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  3. How to Read a Riot.Ricky Mouser - forthcoming - Journal of Ethics and Social Philosophy.
    How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability of (...)
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  4. Duties to Promote Just Institutions and the Citizenry as an Unorganized Group.Niels de Haan & Anne Schwenkenbecher - forthcoming - In Säde Hormio & Bill Wringe (eds.), Collective Responsibility: Perspectives on Political Philosophy from Social Ontology. Springer.
    Many philosophers accept the idea that there are duties to promote or create just institutions. But are the addressees of such duties supposed to be individuals – the members of the citizenry? What does it mean for an individual to promote or create just institutions? According to the ‘Simple View’, the citizenry has a collective duty to create or promote just institutions, and each individual citizen has an individual duty to do their part in this collective project. The simple view (...)
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  5. Epistemic Repair in Global Health: A Human Rights Approach Towards Epistemic Justice.Himani Bhakuni - 2023 - BMJ Global Health 2023.
    Some people in global health are systematically subjected to epistemic wrongs, harms and injustices. And sometimes, with these epistemic wrongs, come more fundamental harms to their sense of self or dignity. -/- Each person has a moral right not to be treated as inferior. This moral right has found different forms of protection under dignity-based mechanisms. But these mechanisms do not extend, at least not explicitly, to epistemic wrongs, harms and injustices. -/- This article tries to pave the way for (...)
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  6. Challenges of justice in the context of plant genetic resources.Anna Https://Orcidorg Deplazes-Zemp - 2019 - .
    In this article, I discuss access and benefit-sharing (ABS) for plant genetic resources from an ethical perspective. This leads to the question of what types of justice actually play a role when more equity and fairness is demanded for plant genetic resources. Five dimensions of justice will be distinguished: classical distributive justice, which deals with a fair distribution of goods; commutative justice, which concerns a fair exchange of “give-and-receive”; justice as recognition, which relates to treating all involved parties with the (...)
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  7. Sophoclean Epistemology: Justice in the Theban Plays.Gillian Hunnisett & Sara MacDonald - 2023 - Polis 40 (3):369-390.
    In Oedipus at Colonus Sophocles shows that neither individual reason nor piety are singularly sufficient for either individual happiness or the common good. Human understanding is dependent on a decentering of the individual, such that the reason of the wider community, including that of the gods, can augment the limitations of individual perspective. Sophocles shows not only the dependence of faith and reason on one another, but the degree to which both are dependent on reciprocal good will within a community.
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  8. Mapping humanity: how modern genetics is changing criminal justice, personalized medicine, and our identities: by Joshua Z. Rappoport, Dallas, BenBella Books Inc., 2020, 300 pp., $USD 17.95, ISBN 978-1-950665-08-2. [REVIEW]Daniel Chavez-Yenter - 2021 - New Genetics and Society 40 (4):624-628.
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  9. Māori views of forensic DNA evidence: an instrument of justice or criminalizing technology?Annabel Ahuriri-Driscoll, Juan Tauri & Johanna Veth - 2021 - New Genetics and Society 40 (3):249-266.
    DNA profiling is just one of many tools available to police in a criminal investigation. However, unlike any other criminal investigative tool, DNA profiling has captured the public imagination. Its portrayal in popular fiction has given rise to the “CSI effect”, whereby the weight and credibility of science, combined with the predictive potential of DNA, produce an aura of infallibility and certainty only amplified by creative license. Genetic material holds particular significance for Indigenous peoples, establishing identity and group membership, as (...)
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  10. Truth, Ethics and Legal Thought—Some Lessons from Dworkin’s Justice for Hedgehogs and Its Critique.Matthias Mahlmann - forthcoming - .
    This paper reconstructs some of the core elements of Dworkin’s epistemology of ethics. To understand why, for Dworkin, questions of legal philosophy lead to moral epistemology, the main points of Dworkin’s last restatement of his theoretical account of law are outlined. Against this background, the paper critically assesses the merits of Dworkin’s criticism of current prominent forms of skepticism and what it teaches us about the epistemology of legal thought.
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  11. Taking the Planet's Future Seriously – Democracy and Intergenerational Justice in a Warming World.Masakazu Ogami - unknown
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  12. Justice in managing global climate change.Ivo Https://Orcidorg Wallimann-Helmer - 2019 - In .
    Ethics in managing climate change most often involves two issues that are tightly connected. The first involves considerations about the just distribution of entitlements and burdens, and the second concerns the fair differentiation of responsibilities. The chapter explains the most important ethical implications of international climate politics and shows why justice plays a key role in all areas of climate policy. Furthermore, it introduces the main domains of climate justice: historical, global, and intergenerational justice. Depending on the policy area at (...)
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  13. The Germ of Justice: Essays in General Jurisprudence.Leslie Green - 2023 - Oxford: Oxford University Press.
    A collection of the author's new and reprinted papers in general jurisprudence. Chapters: -/- Introduction: A Philosophy of Legal Philosophy -/- Law, As Such 1. The Concept of Law Revisited 2. Law as a Means 3. Custom and Convention at the Foundations of Law 4. Realism and the Sources of Law 5. Feminism in Jurisprudence -/- Law and Morality 6. The Germ of Justice 7. The Inseparability of Law and Morals 8. The Morality in Law 9. The Role of a (...)
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  14. Politics without ‘Brainwashing’: A Philosophical Defence of Social Justice Education.Lauren Bialystok - 2014 - Curriculum Inquiry 44 (3).
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  15. Political and Metaphysical: Reflections on Identity, Education, and Justice.Lauren Bialystok - 2020 - Philosophical Inquiry in Education 27 (2).
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  16. Bernard R. Boxill, race, and social justice: A case study in the sociology of philosophical knowledge.Lucius T. Outlaw - 2023 - Journal of Social Philosophy 54 (3):333-349.
    Journal of Social Philosophy, EarlyView.
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  17. Bernard R. Boxill, race, and social justice: A case study in the sociology of philosophical knowledge.Lucius T. Outlaw - 2023 - Journal of Social Philosophy 54 (3):333-349.
    Journal of Social Philosophy, EarlyView.
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  18. Bernard R. Boxill, race, and social justice: A case study in the sociology of philosophical knowledge.Lucius T. Outlaw - 2023 - Journal of Social Philosophy 54 (3):333-349.
    Journal of Social Philosophy, EarlyView.
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  19. Transnational cosmopolitanism: Kant, Du Bois, and justice as a political craft By InésValdez. Cambridge: Cambridge University Press, 2019.Andreas Niederberger - 2023 - Constellations 30 (3):361-363.
  20. Developing an Ethic of Justice: Maududi and the Solidarity Youth Movement.Thahir Jamal Kiliyamannil - 2022 - American Journal of Islam and Society 39 (1-2):115–145.
    New Muslim movements in South India, such as the Solidarity Youth movement, re-formulated Muslim priorities towards human rights, democracy, development, environmental activism, and minorities. I read Solidarity Youth Movement as proposing an ethic of Islam’s conception of justice, while also drawing inspiration from the influential Islamist Abul A’la Maududi. Focusing on jurisprudential debates, I look at the ways in which Maududi’s intervention informs the praxis of Solidarity Youth Movement. This paper seeks the possibility of examining their activism as an instance (...)
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  21. The Skills of Justice.Paul Bloomfield - 2021 - In Ellen Fridland & Pavase Carlotta (eds.), The Routledge Handbook of Skills and Expertise. London: Rutledge. pp. 460-475.
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  22. Individual emergency-preparedness efforts: A social justice perspective.Charleen C. McNeill, Cristina Richie & Danita Alfred - 2020 - Nursing Ethics 27 (1):184-193.
    Background:Since 2010, the United States has experienced 228 disasters, affecting over 86 million people. Because of population shifts, the growing number of people living with chronic conditions or disabilities, and the growing number of older citizens living independently, access and service gaps often exist for those without money or other transferable resources. There is a lack of evidence regarding individual community members’ capacity to prepare for emergencies.Research objective:The purpose of this study is to highlight participant experiences in becoming better prepared (...)
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  23. Global Justice, Foreign Policy, and the Law of Peoples: A Rawlsian Defence of the Commonwealth.Kiraan Chetty - 2021 - Round Table: The Commonwealth Journal of International Affairs 110 (2):264-269.
    Ever since its entrenching of a fundamentally political mission with the Harare Declaration in 1991, the relevance of the modern Commonwealth has been fiercely contested. Not only has its organisational purpose been questioned but its efficacy in delivering its democratic goals continues to be undermined as well. This article seeks to relocate the debate to within the spheres of political philosophy and normative international relations theory and argues that a defence of the Commonwealth can be found in John Rawls’ The (...)
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  24. Artificial justice.Mark Bedua, John McCaskill, Norman Packard & Steen Rasmussen - 2003 - In Mark Bedua, John McCaskill, Norman Packard & Steen Rasmussen (eds.), Artificial Life Viii: Proceedings of the Eighth International Conference on Artificial Life. pp. 513-523.
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  25. Loss of free will from the perspective of islamic neurolaw: The Iranian criminal justice system.Arian Petoft, Mahmoud Abbasi & Alireza Zali - forthcoming - Médecine et Droit.
  26. What Does it Mean to Say “The Criminal Justice System is Racist”?Amelia M. Wirts - 2023 - American Philosophical Quarterly 60 (4):341-354.
    This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...)
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  27. Politics, Racism, and Environmental (In)justice in the United States.Earnest N. Bracey - 2023 - Dialogue and Universalism 33 (2):185-206.
    Fairness has long been denied for African-Americans and other people of color when it comes to environmental injustices, or crimes committed by state governments and polluting industries/corporations. Unfortunately, polluting companies often go unpunished for their environmental misdeeds, particularly if what they do is in minority or marginalized communities. Furthermore, environmental biases in American courts, unfortunately, are still prevalent in our society today—that is, when it comes to vulnerable groups, who continue to seek environmental justice, but cannot fight back. Environmental injustice, (...)
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  28. Asymmetrical Reciprocity in Intergenerational Justice.Matthias Fritsch - 2020 - In Future Design: Incorporating Preferences of Future Generations for Sustainability. Springer. pp. 17-36.
    The notions of sustainability that are most widely accepted, domestically and internationally, are underwritten not only by duties to contemporaries, but also, and crucially, by responsibilities to non-overlapping generations. The point of this chapter is to argue that intergenerational dependence suggests that such responsibility is grounded in a form of reciprocity that is often called indirect: A gives to B but B gives ‘back’ to C. On this view, a current generation takes responsibility for the well-being of future generations because (...)
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  29. Democratic Representation, Environmental Justice, and Future People.Matthias Fritsch - 2023 - In Representations and Rights of the Environment. Cambridge University Press. pp. 310-333.
    In the context of current environmental crises, which threaten to seriously harm living conditions for future generations, liberal-capitalist democracies have been accused of inherent short-termism, that is, of favouring the currently living at the expense of mid- to long-term sustainability. I will review some of the reasons for this short-termism as well as proposals as to how best to represent future people in today’s democratic decision-making. I will then present some ideas of my own as to how to reconceive the (...)
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  30. Aristotle on Justice: The Virtues of Citizenship.Thornton Lockwood - manuscript
    The treatise on justice in Nicomachean Ethics 5 reports that the 6th C. sage Bias claimed that “ruling shows the man” (ἀρχὴ ἄνδρα δείξει [EN 5.1.1130a1–2]). How ought we understand such a claim? Prominent, in the last thirty years, are interpretations that claim that Aristotle espouses a doctrine of “political naturalism” that views the political community as “natural” (rather than a social contract, like the conventionalism found in theorists such as Hobbes, Locke, and Rousseau) in which individuals make quasi-rights claims (...)
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  31. Integrationism, practice-dependence and global justice.Alex McLaughlin - 2023 - European Journal of Political Theory 22 (4):608-628.
    An increasingly popular approach to global justice claims we should be ‘integrationist,’ where integrationism represents an attempt to unify our theorising between different domains of global politics. These political theorists have argued that we cannot identify plausible principles in one domain, such as climate justice, which are not sensitive to general moral concerns. This paper argues we ought to reject the concept of integrationism. It shows that integrationism is either trivial, or it obscures relevant disagreement by ignoring the distinctive methodological (...)
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  32. The Administration of Justice in Medieval Egypt: From the Seventh to the Twelfth Century By Yaacov Lev. [REVIEW]Timothy J. Fitzgerald - 2023 - Journal of Islamic Studies 34 (3):414-417.
    Islamic legal studies continues to be a productive field in combination with Middle Eastern history. Ever wider conceptions of ‘Islamic law’ and ‘law’ itself ha.
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  33. Human Rights Penality and Violence Against Women: The Coloniality of Disembodied Justice.Silvana Tapia Tapia - forthcoming - Law and Critique:1-25.
    Despite the persistence of violence inside and around prisons, and the dubious adequacy of criminal law to respond to victim–survivors, international human rights (IHR) discourse increasingly promotes the mobilisation of the state’s penal apparatus to respond to human rights violations, including violence against women (VAW). Using an anticolonial feminist approach, this article scrutinises the ontological and epistemological commitments underlying ‘human rights penality,’ by analysing features of the Western-colonial register vis-a-vis more relational worldviews. Separateness, abstraction, and transcendence broadly underpin the exclusion (...)
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  34. The search for the principle of justice for infertile couples: characterization of the brazilian population and bioethical discussion.Drauzio Oppenheimer, Francisca Rego & Rui Nunes - 2023 - BMC Medical Ethics 24 (1):1-9.
    Background Infertility is an increasingly prevalent disease in society and is considered by the World Health Organization to be a public health problem. An important ethical issue arises from the clarification of reproductive rights in a fair and equal way. The objective of this study was to deepen and update the knowledge and discussion about the difficulty of accessing infertility treatments in Brazil. Methods A cross-sectional observational study was carried out through the application of an online questionnaire that collected the (...)
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  35. Anna Wienhues. Ecological Justice and the Extinction Crisis: Giving Living Beings Their Due. [REVIEW]Megs S. Gendreau - 2023 - Environmental Ethics 45 (3):307-308.
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  36. Problems in the Motivational Basis of Rawls’ Principles of Justice.Kazi Asm Nurul Huda - forthcoming - Philosophy and Progress:45-60.
    The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...)
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  37. Educational Justice and Democratic Education.Gosepath Stefan - 2023 - In Culp Julian, Drerup Johannes & Yacek Douglas (eds.), The Cambridge Handbook of Democratic Education. Cambridge: Cambridge University Press. pp. 263-280.
    What are the purposes or aims of education in general and of democratic education in particular? And what are the appropriate ways and means of such an education? This chapter offers an overview of some of the more important approaches to these questions in contemporary, mostly anglophone, conceptions of educational justice in primary and secondary education. Section 16.2 starts with some provisions of some important goals of education. Section 16.3 turns to educational justice in gerneral. Section 16.4 asks about the (...)
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  38. What, if anything, is wrong with bequest?Gosepath Stefan - 2022 - In Schmidt am Busch Hans-Christoph, Gutmann Thomas & Halliday Daniel (eds.), Inheritance and the Right to Bequeath: Legal and Philosophical Perspectives. London: Routledge. pp. 15-35.
    This chapter is concerned with the fundamental question of whether it is just that people inherit property. Should a property owner be entitled to transfer that property after their death to a person of their choosing? Is the right to posthumous transfer a part of the right to private property? I will defend the thesis that the common social practice of inheritance, embodied in law and institutions, is actually pro tanto unjust, since it confers an unjust advantage on the beneficiary. (...)
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  39. Repetition or the awnings of justice.Andreas Philippopoulos-Mihalopoulos - 2011 - In Oren Ben-Dor (ed.), Law and Art: Justice, Ethics and Aesthetics. Routledge-Cavendish.
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  40. Poietic "justice".Kryzstof Ziarek - 2011 - In Oren Ben-Dor (ed.), Law and Art: Justice, Ethics and Aesthetics. Routledge-Cavendish.
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  41. Law, radical democracy and justice : the tension between democracy and constitutionalism.Katya Kozicki - 2012 - In Thomas da Rosa de Bustamante & Oche Onazi (eds.), Global harmony and the rule of law: proceedings of the 24th World Congress of the International Association for Philosophy of Law and Social Philosophy, Beijing, 2009. Nomos.
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  42. The road to justice: Lord Denning, master of the rolls, 1962-1982 / Fafa Edrissa M'Bai.Fafa E. M'Bai - 2012 - Kanifing, The Gambia: Fulladu Publishers.
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  43. Problems in the Motivational Basis of Rawls' Principles of Justice.Kazi A. S. M. Huda - 2022 - Philosophy and Progress 71 (1-2):45-60.
    The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...)
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  44. Justice, sustainability, and security: global ethics for the 21st century.Eric A. Heinze (ed.) - 2013 - New York, NY: Palgrave-Macmillan.
    Justice, Sustainability, and Security not only enhances our knowledge of these issues, but it teases out our moral dimensions and offer prescriptions for how governments and global actors might craft their policies to better consider their effects on the global human condition.
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  45. Justice as improvisation: the law of the extempore.Sara Ramshaw - 2013 - Milton Park, Abingdon, Oxon: Routledge.
    Introduction. The law of the extempore -- The rise and reform of the New York City cabaret laws -- Deconstructive legal improvisation -- The 'wildness' of jazz improvisation -- Demystifying improvisation -- The structure-freedom paradox in law -- Justice as improvisation.
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  46. Rawls on international justice.Eileen Hunt Botting - 2013 - In Ruth Abbey (ed.), Feminist Interpretations of John Rawls. Pennsylvania State University Press.
  47. Health Justice Partnerships: An International Comparison of Approaches to Employing Law to Promote Prevention and Health Equity.Elizabeth Tobin-Tyler, Tessa Boyd-Caine, Hazel Genn & Nola M. Ries - 2023 - Journal of Law, Medicine and Ethics 51 (2):332-343.
    This article traces the development and growth of health justice partnerships (HJPs) in three countries: the United States, Australia and the United Kingdom.
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  48. A. Supiot, Le Travail n’est pas une marchandise, Contenu et sens du travail au XXI e siècle, Paris, Éditions du collège de France, 2019 / A. Supiot, La Justice au travail. Quelques leçons de l’histoire, Paris, Seuil, 2022 / F. Ruffin, Je vous écris du front de la Somme, Paris, Les liens qui libèrent, 2022. [REVIEW]Barbara de Negroni - 2023 - Cahiers Philosophiques 4 (4):115-119.
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  49. Food, Justice, and Animals: Feeding the World Respectfully.Josh Milburn - 2023 - Oxford University Press.
    -Accessible exploration of how we can respect animals but continue to access animal-based foods. -Provides a rigorous analysis of the ethics of eating invertebrates, plant-based meat, cultivated meat, the products of precision fermentation, milk, and eggs. -Focuses on food systems, not mere diets, and explores the consequences of animal rights, not their foundations.
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  50. Just Fodder: The Ethics of Feeding Animals.Josh Milburn - 2022 - McGill-Queen's University Press.
    Animal lovers who feed meat to other animals are faced with a paradox: perhaps fewer animals would be harmed if they stopped feeding the ones they love. Animal diets do not raise problems merely for individuals. To address environmental crises, health threats, and harm to animals, we must change our food systems and practices. And in these systems, animals, too, are eaters. -/- Looking beyond what humans should eat and whether to count animals as food, Just Fodder answers ethical and (...)
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