Though much attention has been paid to different principles of justice, far less has been done reflecting on what the larger concern behind the notion is. In this work, Mathias Risse proposes that the perennial quest for justice is about ensuring that each individual has an appropriate place in what our uniquely human capacities permit us to build, produce, and maintain, and is appropriately respected for the capacity to hold such a place to begin with. Risse begins by (...) investigating the role of political philosophers and exploring how to think about the global context where philosophical inquiry occurs. Next, he offers a quasi-historical narrative about how the notion of distributive justice identifies a genuinely human concern that arises independently of cultural context and has developed into the one we should adopt now. Finally, he investigates the core terms of this view, including stringency, moral value, ground and duties of justice. (shrink)
The article discusses two areas at the intersection of social determinants of health research and social justice theory. The first section examines the affinity between social epidemiology and the capabilities approach. The second section examines how social epidemiology's expansion of the scope of the causal chain and determinants raises questions about epistemology and ontology in epidemiology as well as the field's link to the moral concern for human health.
Examines the theories of Socrates, Kant, Dewey, Piaget, and others to explore the implications of Socrates' question "what is a virtuous man, and what is a virtuous school and society which educates virtuous men.".
Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...) will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)
Machine generated contents note: Introduction; 1. Political philosophy for earthlings; 2. Two ways to think about justice; 3. Social justice in multicultural societies; 4. Liberalism, equal opportunities and cultural commitments; 5. Equality of opportunity and the family; 6. Justice and boundaries; 7. Social justice versus global justice?; 8. 'Are they my poor?': The problem of altruism in a world of strangers; 9. Taking up the slack? Responsibility and justice in situations of partial compliance; (...) 10. A tale of two cities, or political philosophy as lamentation. (shrink)
This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary (...) political philosophy that focuses on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
This article is an introduction to an ancient Egyptian text called The Tale of the Eloquent Peasant and an argument that it ought to be seen as a classic of political philosophy. After contextualizing the tale as part of a tradition of moral and political philosophy in ancient Egypt, I explore the methods by which the text defines the proper roles of political authority and contrast its approach to justifying political authority with the argument from the state of (...) nature so common in modern Western political philosophy. I claim that the tale's argument from dysfunction anticipates the move in contemporary Western political philosophy towards privileging non-ideal over ideal theory. I discuss challenges in translating the key term in the tale ? ma'at ? in light of the fact that it can be taken to mean ?justice? and/or ?truth?. Finally, I discuss how the irony at the heart of its narrative can lead us to interpret the tale as having either conservative or revolutionary implications for the political system it depicts. (shrink)
Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and (...) virtuous lives. (shrink)
This book rewrites the story of classical Chinese philosophy, which has always been considered the single most creative and vibrant chapter in the history of Chinese philosophy. Works attributed to Confucius, Mozi, Mencius, Laozi, Zhuangzi, Xunzi, Han Feizi and many others represent the very origins of moral and political thinking in China. As testimony to their enduring stature, in recent decades many Chinese intellectuals, and even leading politicians, have turned to those classics, especially Confucian texts, for alternative or (...) complementary sources of moral authority and political legitimacy. Therefore, philosophical inquiries into core normative values embedded in those classical texts are crucial to the ongoing scholarly discussion about China as China turns more culturally inward. It can also contribute to the spirited contemporary debate about the nature of philosophical reasoning, especially in the non-Western traditions. -/- This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of Heaven and its relationship with the humans. Tao Jiang argues that the competing visions in that debate can be characterized as a contestation between partialist humaneness and impartialist justice as the guiding norm for the newly imagined moral-political order, with the Confucians, the Mohists, the Laoists, and the so-called fajia thinkers being the major participants, constituting the mainstream philosophical project during this period. Thinkers lined up differently along the justice-humaneness spectrum with earlier ones maintaining some continuity between the two normative values (or at least trying to accommodate both to some extent) while later ones leaning more toward their exclusivity in the political/public domain. Zhuangzi and the Zhuangists were the outliers of the mainstream moral-political debate who rejected the very parameter of humaneness versus justice in that discourse. They were a lone voice advocating personal freedom, but the Zhuangist expressions of freedom were self-restricted to the margins of the political world and the interiority of one's heartmind. Such a take can shed new light on how the Zhuangist approach to personal freedom would profoundly impact the development of this idea in pre-modern Chinese political and intellectual history. (shrink)
What is fair? How and when can punishment be legitimate? Is there recompense for human suffering? How can we understand ideas about immortality or an afterlife in the context of critical thinking on the human condition? In this book L. E. Goodman presents the first general theory of justice in this century to make systematic use of the Jewish sources and to bring them into a philosophical dialogue with the leading ethical and political texts of the Western tradition. Goodman (...) takes an ontological approach to questions of natural and human justice, developing a theory of community and of nonvindictive yet retributive punishment that is grounded in careful analysis of various Jewish sources—biblical, rabbinic, and philosophical, His exegesis of these sources allow Plato, Kant, and Rawls to join in a discourse with Spinoza and medieval rationalists, such as Saasidah and Maimonides, who speak in a very different idiom but address many of the same themes. Drawing on sources old and new, Jewish and non-Jewish, Goodman offers fresh perspectives on important moral and theological issues that will be of interest to both Jewish and secular philosophers. (shrink)
One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice (...) involves, or else we should be wary of the default normative priority that considerations of justice have in much of contemporary political philosophy. This discussion brings out important general methodological points tied to the role of concept and word choice in normative theorising about our social/political institutions. These methodological points, I argue, matter for a range of discussions in contemporary political philosophy, including those about global justice. (shrink)
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 USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues (...) addressed in the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. 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. (shrink)
Otfried Höffe is one of the foremost political philosophers in Europe today. In this major work, already a classic in continental Europe, he re-examines philosophical discourse on justice - from Classical Greece to the present day. Höffe confronts what he sees as the two major challenges to any theory of justice: the legal, positivist claim that there are no standards of justice external to legal systems; and the anarchist claim that justice demands the rejection and abolition (...) of all legal and state systems. Höffe sets out to continue the 'philosophical project of modernity', the legitimation of human rights, and their guarantee by the state, while at the same time rehabilitating the classical theory of political justice represented by Plato and Aristotle. He questions the success of the positivists in avoiding extra-legal normative claims, and casts doubt on the plausibility of their criticism of the Natural Law tradition. Most anarchists, he argues, rely on an uncritical assumption that social institutions other than states and legal orders do not coerce. In Höffe's view, some coercion is unavoidable, and the grounds for its justification must be examined. Principles of justice will be those principles which define fundamental rights, and which must be enforced if rights are to be respected. (shrink)
We created Justice: The Game, an educational, role-immersion game designed to be used in philosophy courses. We seek to describe Justice in sufficent detail so that it is understandable to readers not already familiar with role-immersion pedagogy. We hope some instructors will be sufficiently interested in using the game. In addition to describing the game we also evaluate it, thereby highlighting the pedagogical potential of role-immersion games designed to teach political philosophy. We analyze the game by (...) drawing on our observations as designers and playtesters of Justice, along with feedback from students obtained in focus-groups conducted shortly after playtesting ended. We present evidence that Justice, compared to conventional instructional methods alone, plausibly enhances student learning of philosophical skills and content by requiring them to practice those skills and put their content-area knowledge to use in a highly-motivating and engaging context. (shrink)
In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise (...) not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)
Justice for children meets specific obstacles when it comes to its realization due not only to the nature of rights and the peculiarities of children as subjects of rights. The conflict of interests between short-term and long-term aims, and the different interpretations a state can do on the question concerning how to materialize social rights policies and how to interpret its commitments on social justice play also a role. Starting by the question on why the affluent states do (...) not seem to be motivated enough to fully assume those duties of justice toward children —derived form recognizing children’s rights—, this article aims to explore and shed light on what psychology of motivation and moral psychology, and positive approaches could offer in relation to political and ethical challenges toward childhood. Hence this article advocates for the modification and enrichment of the philosophical discourse on children’s rights with what psychology has proved to have a more efficient impact in agents’ action and motivation. In doing so, practical philosophy could improve its role helping understand and eventually surpassing some akratic tendencies in the public sphere with respect to children’s rights. (shrink)
Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the (...) bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)
_Contexts of Justice,_ highly acclaimed when it was published in Germany, provides a significant new intervention into the important debate between communitarianism and liberalism. Rainer Forst argues for a theory of "contexts of justice" that leads beyond the narrow confines of this debate as it has been understood until now and posits the possibility of a new conception of social and political justice. This book brings refreshing clarity to a complex topic as it provides a synthesis of (...) traditions and theories that leads to a truly original approach. Forst makes a four-part distinction to decipher the debate between communitarianism and liberalism. These four parts concern the constitution of the self, the neutrality of law, the ethos of democracy, and the opposition between universalism and contextualism. He shows that a comprehensive theory of justice needs to take these different contexts adequately into account. He discusses recent debates about discursive democracy and feminist critiques of liberalism, and addresses such topics as multiculturalism and civil society. (shrink)
This article explores the ways in which Ricœur’s philosophy can provide interesting solutions to some of the major critiques that feminists have issued in the last decades against classical theories of justice, and against their universalistic dimensions in particular. Of particular interest is Ricœur’s rereading of John Rawls’s philosophy, as it echoes some notable concerns of feminist theories of justice. While many theories of justice are founded upon abstract notions of an ideal subject, not allowing (...) for questions of structural inequalities, Ricœur’s theory converges with feminist critics that argue for the theorization of the subject in relation to the other. The article particularly highlights Ricœur’s philosophy of recognition as a response to the critiques of the exclusions inherent in theories of universalism up to this point. Ricœur works to create a possible universalism that can be more broadly inclusive, both by the recognition of each individual in his or her own singularity, and by moving beyond the distinction between public and private. (shrink)
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace (...) among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)
Feminist philosophy has recently become recognised as a self-standing philosophical sub-discipline. Still, metaphysics has remained largely dismissive of feminist insights. Here I make the case for the value of feminist insights in metaphysics: taking them seriously makes a difference to our ontological theory choice and feminist philosophy can provide helpful methodological tools to regiment ontological theories. My examination goes as follows. Contemporary ontology is not done via conceptual analysis, but via quasi-scientific means. This takes different ontological positions to (...) be competing hypotheses about reality’s fundamental structure that are then assessed with a loose battery of criteria for theory choice. Such criteria make up the constitutive values of ontology. These values are distinguished from contextual values of a practice: the political and moral values embedded in the social context of inquiry.. (shrink)
This book illustrates how Aristotle's ethical concepts such as justice, reciprocity and friendship offer a basis for his political philosophy. In particular, it points out the importance of Aristotle for articulating the concept of a civic relationship and developing a theory of integration, by exploring how he includes a wide variety of people within the deliberative and judicial processes. Comparisons between Aristotle's own thought and present-day 'Aristotelian' political theories, such as communitarianism, civic republicanism and the capabilities approach, are (...) also among the unique approaches offered by the book and are used to illustrate his original vision of politics. They can also, however, offer new insights into the problems of how to read his texts appropriately in their context and why we now need to read them, not only out of an antiquarian interest but also out of our concern for politics. (shrink)
This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, (...) and community penalties. The active engagement of students with the material covered distinguishes this text from others in the area and makes it a real teaching resource and invaluable text. (shrink)
Thirty years ago, both the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and the collaborative team of Tom L. Beauchamp and James Childress placed justice on a short list of principles that should undergird medical treatment and research. It is difficult to sort out contributions of religious or theological ethics to justice theory in bioethics. Nonetheless, some claims can be made both for the influence of religious ethics on the public discussion of (...) bioethics and for the distinctive voice of religious or theological ethics in matters of justice. Taking a biblically based view of justice, it is argued at that a religious view extends the scope of justice; makes oppression and liberation primary categories for understanding justice; and makes justice the first principle rather than the second or third. (shrink)
This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in (...) which different principles of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)
_International Justice and the Third World_ vindicates belief in global or universal justice, and explores both liberal and Marxist grounds for such belief. It also investigates the presuppositions of belief in development, and relates it to sustainability, to environmentalism, and to the obligation to cancel Third World debt.
For more than twenty years, Peter Vanderschraaf’s work has combined rigorous game-theoretic analysis, innovative use of (social) scientific method, and normative analysis in the context of the social contract. Vanderschraaf’s work has influenced a significant interdisciplinary field of study and culminated in the publication of his book, Strategic Justice: Convention and Problems of Balancing Divergent Interests (OUP, 2019). Building upon his previous work, Vanderschraaf developed a new theory of justice (justice-as-convention) that, despite a mutual advantage approach, considers (...) the most vulnerable members of society and defends the egalitarian bargaining solution. To advance his theory, Vanderschraaf proposes an account of conventions that updates and systematizes David Lewis’s account of conventions, drawing on contemporary developments in game theory and economics. This topical collection brings together game theorists, philosophers, economists, and political scientists to discuss themes from Vanderschraaf’s work. The collection bridges a gap among disjoint but closely related literatures in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the social contract in order to advance dialogue among scholars in this rich and growing field of study. (shrink)
What does global justice or charity requires us to give to other people? There is a large theoretical literature on this question. There is much less experimental work in political philosophy relevant to answering it. Perhaps for this reason, this literature has yet to have any major impact on theoretical discussions of global justice or charity. There is, however, some experimental research in behavioral economics that has helped to shape the field and a few relevant studies by (...) political philosophers. This paper reviews this research. Moreover, it argues that the little work that has been done can offer some methodological lessons to empirically engaged philosophers of many kinds. Finally, it suggests that there is reason for those interested in global ethics and charitable giving to consider doing new kinds of experimental and other empirical work in addition to traditional experimental philosophy. (shrink)
Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, (...) class='Hi'>Justice and the State uaR. Kevelson: Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)