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Just Price in the Markets: A History
by Charles R. GeisstA concise history of “just price,” from Aristotle to the present day The question of what constitutes a fair price has been at the center of market interactions since the time of Aristotle. Should a seller sell to the highest bidder, or is there some other standard, such as a morally defined price, to be applied? Charles R. Geisst traces the ways that philosophers, religious leaders, and economists have sought to answer that question, from antiquity through the modern era. Aristotle’s thinking on usury influenced the idea of pricing well into the Renaissance. In his view, money was barren and should not be used to beget more money. As trade became more extensive, the strictures placed on pricing by Aristotelian thinking began to fall away, replaced by Roman and common-law conceptions of value and interest. Geisst’s book follows the evolution of that thought—influenced along the way by figures such as Copernicus, Fibonacci, Adam Smith, Marx, Cassel, and Keynes—and charts parallel developments in European and Islamic notions of fair pricing. Today, pricing is seen as an economic inevitability, dictated by the laws of supply and demand. But this has not always been the case. As Geisst argues, the idea of a just price was once a moral concept, long before it was an economic one.
Just Price Theory: A Reassessment
by Joaquín ReyesThis book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive concern with commutative justice. There is more to just price theory than the concern for keeping equality of value between goods exchanged. Modern concerns over efficiency, autonomy, and distributive justice, can also find a place within a theory of the just price. The book:- Presents a new approach to just price theory through a broad analysis of different values and the incorporation of those conceptions into a wider normative framework- Argues that these different values ground varied conceptions of the just price, and- Promotes a virtue-based approach to price justification as an adequate framework for meeting the challenges that stem from each conceptionPerfect for scholars and students in the fields of jurisprudence, philosophy of private law, contract law, and political theory, this book makes a significant contribution to legal theory and the emerging field of the philosophy of economics.
Just Price Theory: A Reassessment
by Joaquín ReyesThis book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive concern with commutative justice. There is more to just price theory than the concern for keeping equality of value between goods exchanged. Modern concerns over efficiency, autonomy, and distributive justice, can also find a place within a theory of the just price. The book:- Presents a new approach to just price theory through a broad analysis of different values and the incorporation of those conceptions into a wider normative framework- Argues that these different values ground varied conceptions of the just price, and- Promotes a virtue-based approach to price justification as an adequate framework for meeting the challenges that stem from each conceptionPerfect for scholars and students in the fields of jurisprudence, philosophy of private law, contract law, and political theory, this book makes a significant contribution to legal theory and the emerging field of the philosophy of economics.
Just Revenge (Ulverscroft Large Print Ser.)
by Alan M. DershowitzOne of the foremost courtroom lawyers of his generation. Alan M. Dershowitz takes controversial stands based on the principle of equal justice for all. Along the way, he has authored the #1 New York Times bestseller Chutzpah; the bestselling account of the Claus von Bulow case Reversal of Fortune; and the bestselling courtroom drama The Advocate's Devil. Now Dershowitz has written a novel that is at once personal, passionate, and towering: an explosive legal thriller that pits Dershowitz's literary alter ego, attorney Abe Ringel, against the worst crime of the twentieth century -- the Holocaust.What if you witnessed the most abominable deeds that human beings can inflict upon each other? What if you came face-to-face with the very man who had slaughtered your family before your eyes? That is the question confronted by a celebrated professor named Max Menuchen. Max has found the man who had killed his entire family in cold blood more than a half century before. Max, who has never before broken a law, cannot turn down his chance for revenge.In 1943 Marcellus Prandus was a Lithuanian militia captain who carried out the blood-thirsty orders of his Nazi commanders during World War II. Today he is an old man living outside Boston. For Max, who has discovered Prandus's identity by chance, killing him is not enough, because Prandus is already dying of cancer. How can Max make Prandus suffer exactly as Max himself did? Can Max bring himself to assassinate Prandus's children and grandchildren and make the old man watch his family die, as Max himself was forced to do?By the time defense attorney Abe Ringel enters the case, Max has carried out an astounding act of revenge, and America'sgreat Holocaust trial has begun: an explosive legal and moral struggle to find the light of justice within the darkness of human evil. With Max facing almost certain conviction, Ringel desperately tries to prove his actions we
Just Sentencing: Principles and Procedures for a Workable System (Studies in Penal Theory and Philosophy)
by Richard S. FraseFor most of the 20th Century, sentencing purposes and procedures were virtually the same in all American jurisdictions. The primary sentencing goal was rehabilitation, to be accomplished mostly in prison. To achieve this goal, judges and parole boards were given broad discretionary powers. In the 1970s, legal scholars and critics began to question such unfettered discretion, and to advocate for a system of prison-as-punishment, not as moral reeducation. Lawmakers began to experiment with mandatory penalties and other limits on sentencing discretion. These changes broke the previously uniform standard of sentencing in America. Today, sentencing purposes and procedures vary wildly between different state and federal jurisdictions. Our fragmented sentencing system has contributed to unprecedented increases in prison and jail inmate populations, disproportionately affecting racial minorities and creating a staggering drain on state budgets. The systems in most jurisdictions are disorganized, expensive, and unfair. We need a new vision, and a new way forward. In Just Sentencing, Richard S. Frase offers a hybrid sentencing model that combines clearly-stated normative principles with procedures that have proven successful in practice. Frase advocates an expanded version of the theory of limiting retributivism, recognizing desert-based and other limits on sentence severity while accommodating crime control and other non-retributive punishment purposes. These principles are implemented with procedures based on the best state sentencing guidelines systems, including mandatory resource- and demographic-impact assessments, appellate review that preserves substantial trial court discretion, and abolition of parole release discretion. This book also shows how the core principles and procedures of the proposed model have been successfully implemented in several states, and endorsed in model sentencing codes and standards. America currently lacks a comprehensive understanding of the purposes and limits of punishment. Just Sentencing offers us a cogent and urgently-needed solution for the incoherent and unsustainable American sentencing system.
Just Silences: The Limits and Possibilities of Modern Law
by Marianne ConstableIs the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
Just Silences: The Limits and Possibilities of Modern Law
by Marianne ConstableIs the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.
Just Transitions and the Future of Law and Regulation (Palgrave Studies in Environmental Transformation, Transition and Accountability)
by Alexandra R. HarringtonThis book provides a comprehensive assessment of how national and international efforts to achieve carbon neutrality have been embraced as necessary to meet the requirements of the Paris Agreement as well as the needs of the planet. The authors explore the increasing tensions between aspirations and entrenched practices as methods to implement carbon neutrality are devised, particularly at the national and sub-national levels. This is perhaps best typified by efforts to shift from “dirty” energy production, such as coal, to greener alternatives, which are often supported in laws and rules but opposed by society. To bridge this void, the concept of just transitions has increasingly come to the forefront of international and national focus yet is often poorly understood. This book examines the ways in which just transitions have been proposed as a legal and regulatory bridge to address issues that result in societal resistance to implementation. It uses past and existing practice studies of just transitions before providing an analysis of how just transitions can be used to not only to assist in the shift to carbon neutrality but also in new shifts such as those caused by the Covid-19 pandemic impacts on economy, environment and society, and to address future global challenges.
Just War: The Just War Tradition: Ethics in Modern Warfare
by Charles Guthrie Michael QuinlanEvery society and every period of history has had to face the reality of war. War inevitably yields situations in which the normal ethical rules of society have to be overridden. The Just War tradition has evolved over the centuries as a careful endeavour to impose moral discipline and humanity on resort to war and in its waging, and the tradition deserves our attention now as much as ever.Just War traces the origin and nature of the tradition from its roots in Christian thinking and provides a clear summary of its principles, which are accessible to all beliefs. As the circumstances and necessities of war have changed over time, so too have the practical interpretations of the tradition. Drawing examples from Kosovo, Afghanistan and the wars in Iraq, Charles Guthrie and Michael Quinlan look at the key concepts in relation to modern armed conflict.The tradition sets rational limits and respects the adversary's humanity amid the chaos of war, and provides systematic questions which governments and armed forces must ask themselves before they engage in war. This short but powerful book is a timely re-examination of its tenets and their relevance in the twenty-first century, setting out the case for a workable and credible moral framework for modern war before, while and after it is waged.
Just War and the Ethics of Espionage (Routledge Studies in Religion)
by Darrell ColeThe War on Terror has raised many new, thorny issues of how we can determine acceptable action in defense of our liberties. Western leaders have increasingly used spies to execute missions unsuitable to the military. These operations, which often result in the contravening of international law and previously held norms of acceptable moral behavior, raise critical ethical questions—is spying limited by moral considerations? If so, what are they and how are they determined? Cole argues that spying is an act of force that may be a justifiable means to secure order and justice among political communities. He explores how the just war moral tradition, with its roots in Christian moral theology and Western moral philosophy, history, custom and law might help us come to grips with the moral problems of spying. This book will appeal to anyone interested in applied religious ethics, moral theology and philosophy, political philosophy, international law, international relations, military intellectual history, the War on Terror, and Christian theological politics.
Just War and the Ethics of Espionage (Routledge Studies in Religion)
by Darrell ColeThe War on Terror has raised many new, thorny issues of how we can determine acceptable action in defense of our liberties. Western leaders have increasingly used spies to execute missions unsuitable to the military. These operations, which often result in the contravening of international law and previously held norms of acceptable moral behavior, raise critical ethical questions—is spying limited by moral considerations? If so, what are they and how are they determined? Cole argues that spying is an act of force that may be a justifiable means to secure order and justice among political communities. He explores how the just war moral tradition, with its roots in Christian moral theology and Western moral philosophy, history, custom and law might help us come to grips with the moral problems of spying. This book will appeal to anyone interested in applied religious ethics, moral theology and philosophy, political philosophy, international law, international relations, military intellectual history, the War on Terror, and Christian theological politics.
Just War and the Responsibility to Protect: A Critique
by Robin Dunford Michael NeuDespite the disasters of Iraq, Afghanistan, Syria and ever more visible evidence of the horrors of war, the concepts of 'Humanitarian Intervention' and 'Just War' enjoy widespread legitimacy and continue to exercise an unshakeable grip on our imaginations.Robin Dunford and Michael Neu provide a clear and comprehensive critique of both Just War Theory and the Responsibility to Protect (R2P) doctrine, deconstructing the philosophical, moral and political arguments that underpin them. In doing so, they show how proponents of Just War and R2P have tended to treat killing in a way which obscures the complex and often messy reality of war, and pays little heed to the human impact of such conflicts. Going further, they provide answers to such difficult questions as 'Surely it would have been just for us to intervene in the Rwandan genocide?'An essential guide to one of the most difficult moral and political issues of our age.
Just War Thinkers: From Cicero to the 21st Century (War, Conflict and Ethics)
by Daniel R. Brunstetter Cian O’DriscollThis volume offers a set of concise and accessible introductions to the seminal figures in the historical development of the just war tradition. In what, if any, circumstances are political communities justified in going to war? And what limits should apply to the conduct of any such war? The just war tradition is a body of thought that helps us think through these very questions. Its core ideas have been subject to fierce debate for over 2,000 years. Yet they continue to play a prominent role in how political and military leaders address the challenges posed by the use of force in international society. Until now there has been no text that offers concise and accessible introductions to the key figures associated with the tradition. Stepping into this breach, Just War Thinkers provides a set of clear but detailed essays by leading experts on nineteen seminal thinkers, from Cicero to Jeff McMahan. This volume challenges the reader to think about how traditions are constituted—who is included and excluded, and how that is determined—and how they serve to enable, constrain, and indeed channel subsequent thought, debate, and exchange. This book will be of much interest to students of just war tradition and theory, ethics and war, philosophy, security studies and IR.
Just War Thinkers: From Cicero to the 21st Century (War, Conflict and Ethics)
by Daniel R. Brunstetter Cian O’DriscollThis volume offers a set of concise and accessible introductions to the seminal figures in the historical development of the just war tradition. In what, if any, circumstances are political communities justified in going to war? And what limits should apply to the conduct of any such war? The just war tradition is a body of thought that helps us think through these very questions. Its core ideas have been subject to fierce debate for over 2,000 years. Yet they continue to play a prominent role in how political and military leaders address the challenges posed by the use of force in international society. Until now there has been no text that offers concise and accessible introductions to the key figures associated with the tradition. Stepping into this breach, Just War Thinkers provides a set of clear but detailed essays by leading experts on nineteen seminal thinkers, from Cicero to Jeff McMahan. This volume challenges the reader to think about how traditions are constituted—who is included and excluded, and how that is determined—and how they serve to enable, constrain, and indeed channel subsequent thought, debate, and exchange. This book will be of much interest to students of just war tradition and theory, ethics and war, philosophy, security studies and IR.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Justice: Continuity and Change
by Lord DysonThis selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.
Justice: Continuity and Change
by Lord DysonThis selection of essays, speeches and personal reflections, draws on the analysis of one of the leading lawyers of a generation. Lord Dyson as Master of the Rolls and Head of the Civil Justice System oversaw a period of reform of both law and legal process. This collection discusses some key themes of, and challenges faced during, his tenure as one of the most senior lawyers in England and Wales. Through these insightful, engaging and compelling pieces, a picture emerges of a robust system of law whose core values can be plotted back to the Magna Carta, but which is flexible enough to respond to current changes without fracturing. A truly compelling exploration of continuity and change in the law by one of its key jurists.
Justice (The Virtues)
by Mark LeBarA blindfolded woman holding a balance and a sword personifies one of our most significant virtues. We find Lady Justice in statues and paintings that adorn courts and other institutions of law, symbolizing strength and impartiality. Yet why do we valorize this virtue primarily as a quality of societies, and secondly as one of individual character? We can trace the virtue of justice to ancient Greece, where virtue ethics began its long evolution. There justice was seen as one of the most prominent virtues - and arguably the most important of the social virtues. With time, political philosophy diverted focus to understanding justice as a property of societies, and discussion of justice as a virtue of individuals diminished. But justice as a virtue of individual character has, along with the other virtues, reasserted itself not only in philosophy but in social psychology and other empirical fields of study. This volume aims to demonstrate the breadth of that thinking and research. It comprises new essays solicited from philosophers and political theorists, psychologists, economists, biologists, and legal scholars. Each contribution focuses on some aspect of what makes people just, either by examining the science that explains the development of justice as a virtue, by highlighting virtue cultivation within distinctive traditions of empirical or philosophical thought, or by adopting a distinctive perspective on justice as an individual trait. As the volume shows, justice begins with the individual, and flows outward to make just laws and just societies.