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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.
Justice: What's the Right Thing to Do?
by Michael SandelIs killing sometimes morally required? Is the free market fair? It is sometimes wrong to tell the truth? What is justice, and what does it mean? These and other questions are at the heart of Michael Sandel's Justice. Considering the role of justice in our society and our lives, he reveals how an understanding of philosophy can help to make sense of politics, religion, morality - and our own convictions. Breaking down hotly contested issues, from abortion, euthanasia and same-sex marriage, to patriotism, dissent and affirmative action, Sandel shows how the biggest questions in our civiv life can be broken down and illuminated through reasoned debate. Justice promises to take readers - of all ages and political persuasions - on an exhilarating journey to confront controversies in a fresh and enlightening way.
Justice: What's The Right Thing To Do? (PDF)
by Michael J. SandelMichael Sandel's Justice: What's the Right Thing to Do? invites readers of all ages and political persuasions on a journey of moral reflection, and shows how reasoned debate can illuminate our lives. Is it always wrong to lie? Should there be limits to personal freedom? Can killing sometimes be justified? Is the free market fair? What is the right thing to do? Questions like these are at the heart of our lives. In this acclaimed book Michael Sandel - BBC Reith Lecturer and the Harvard professor whose 'Justice' course has become world famous - gives us a lively and accessible introduction to the intersection of politics and philosophy. He helps us think our way through such hotly contested issues as equal rights, democracy, euthanasia, abortion and same-sex marriage, as well as the ethical dilemmas we face every day.
Justice: Rights and Wrongs
by Nicholas WolterstorffWide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.
Justice: Rights and Wrongs
by Nicholas WolterstorffWide-ranging and ambitious, Justice combines moral philosophy and Christian ethics to develop an important theory of rights and of justice as grounded in rights. Nicholas Wolterstorff discusses what it is to have a right, and he locates rights in the respect due the worth of the rights-holder. After contending that socially-conferred rights require the existence of natural rights, he argues that no secular account of natural human rights is successful; he offers instead a theistic account. Wolterstorff prefaces his systematic account of justice as grounded in rights with an exploration of the common claim that rights-talk is inherently individualistic and possessive. He demonstrates that the idea of natural rights originated neither in the Enlightenment nor in the individualistic philosophy of the late Middle Ages, but was already employed by the canon lawyers of the twelfth century. He traces our intuitions about rights and justice back even further, to Hebrew and Christian scriptures. After extensively discussing justice in the Old Testament and the New, he goes on to show why ancient Greek and Roman philosophy could not serve as a framework for a theory of rights. Connecting rights and wrongs to God's relationship with humankind, Justice not only offers a rich and compelling philosophical account of justice, but also makes an important contribution to overcoming the present-day divide between religious discourse and human rights.
Justice (The Virtues)
A 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.
Justice After Stonewall: LGBT Life Between Challenge and Change
by Paul Behrens Sean BeckerJustice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969. The riots (sparked by a police raid in New York City) are a milestone in LGBT history. Within a short time, a new feeling of confidence emerged, manifested in new LGBT organisations and the first Pride marches. Legal and social change followed: from the decriminalisation of homosexual activities to anti-discrimination laws and the legalisation of same-sex marriage. This makes it tempting to think of modern LGBT history as an unequivocal success story. But progress was not achieved everywhere: in 70 States, same-sex relations are still criminalised; violence against LGBT persons still occurs, and transgender people still struggle to have their rights recognised. The question whether the path since Stonewall represents success or failure cannot be answered by one discipline alone. This book breaks new ground by bringing together experts from politics, sociology, law, education, language, medicine and religion to discuss fields as diverse as same-sex marriage, transgender students, the LGBT movement in Uganda and LGBT migrants in the Arabian Peninsula, conversion 'therapy', and approaches to LGBT matters in Judaism, Christianity and Islam. What emerges is a rich tapestry of LGBT life today and its consideration from numerous perspectives. Based on thorough research, this book is an ideal text for students and scholars exploring LGBT matters. At the same time, its engaging style makes it a particularly valuable resource for anyone with an interest in LGBT matters and their reception in today's world.
Justice After Stonewall: LGBT Life Between Challenge and Change
by Paul Behrens Sean BeckerJustice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969. The riots (sparked by a police raid in New York City) are a milestone in LGBT history. Within a short time, a new feeling of confidence emerged, manifested in new LGBT organisations and the first Pride marches. Legal and social change followed: from the decriminalisation of homosexual activities to anti-discrimination laws and the legalisation of same-sex marriage. This makes it tempting to think of modern LGBT history as an unequivocal success story. But progress was not achieved everywhere: in 70 States, same-sex relations are still criminalised; violence against LGBT persons still occurs, and transgender people still struggle to have their rights recognised. The question whether the path since Stonewall represents success or failure cannot be answered by one discipline alone. This book breaks new ground by bringing together experts from politics, sociology, law, education, language, medicine and religion to discuss fields as diverse as same-sex marriage, transgender students, the LGBT movement in Uganda and LGBT migrants in the Arabian Peninsula, conversion 'therapy', and approaches to LGBT matters in Judaism, Christianity and Islam. What emerges is a rich tapestry of LGBT life today and its consideration from numerous perspectives. Based on thorough research, this book is an ideal text for students and scholars exploring LGBT matters. At the same time, its engaging style makes it a particularly valuable resource for anyone with an interest in LGBT matters and their reception in today's world.
Justice among Nations: A History Of International Law
by Stephen C. NeffJustice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Justice among Nations: A History Of International Law
by Stephen C. NeffJustice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.
Justice and Authority in Immigration Law
by Colin GreyThis book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.
Justice and Authority in Immigration Law
by Colin GreyThis book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.
Justice and Compassion in Biblical Law
by Richard H. HiersThe theory and praxis of biblical law in the historical and contemporary landscape of American law and culture is contentious and controversial. Richard Hiers provides a new consideration of the subject with an emphasis upon the underlying justice and compassion implicit within. Special consideration is given to matters of civil law, the death penalty, and due process. An analysis of various biblical trial scenes are also included. The book draws on, and in turn relates to three areas of scholarship and concern: biblical studies, social ethics, and jurisprudence (legal theory). Modern legal categories often illuminate the nature of biblical law: for instance, by distinguishing between inheritance and bequests or wills (a distinction not found in traditional biblical commentaries), and by identifying the meaning or function of biblical laws by using such categories as "contract" and "tort" law, "due process," "equal protection," and "social welfare legislation."Several discussions throughout the book compare or contrast biblical laws with modern Anglo-American law or social policies. Each chapter begins with two or three relevant quotations: one or two from biblical texts, and sometimes from one or two relevant latter-day sources, notably, Magna Carta, the United States Constitution, and writings by Ayn Rand, and Robert Bellah. Although modern law usually shows greater compassion, biblical law often combines concern for both justice and compassion in ways that sometime provide grounds for critiquing modern counterparts.
Justice and Conflicts: Theoretical and Empirical Contributions
by Elisabeth Kals and Jürgen MaesCentral to the book are questions concerning the existence and the characteristics of justice motives, and concerning the influence that justice motives and justice judgements have on the emergence, but also the solution of social conflicts. Five main themes will be addressed: (1) “Introduction and justice motive”, (2) “organizational justice”, (3) “ecological justice”, (4) “social conflicts”, and (5) “solution of conflicts”. The authors of the editions are scholars of psychology, as well as distinguished experts from various other disciplines, including sociologists, economists, legal scholar, educationalists, and ethicists. The common ground of all contributors is their independent conduction of empirical research on justice issues. Apart from the German contributors, authors represent scholars from the US, India, Korea, New Zealand, and various European countries (Austria, Switzerland, the Netherlands, UK, Sweden).
Justice and Efficiency in Mega-Litigation
by Anna OlijnykJustice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges.It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Justice and Efficiency in Mega-Litigation
by Anna OlijnykJustice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges.It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Justice and Egalitarian Relations (Oxford Political Philosophy)
by Christian SchemmelWhy does equality matter, as a social and political value, and what does it require? Relational egalitarians argue that it does not require that people receive equal distributive shares of some good, but that they relate as equals. Christian Schemmel here provides the first comprehensive development of a liberal conception of relational equality, one which understands relations of non-domination and egalitarian norms of social status as stringent demands of social justice. He first argues that expressing respect for the freedom and equality of individuals in social cooperation requires stringent protections against domination. Taking this as a starting point, he then develops a substantive, liberal conception of non-domination and argues that non-domination is a particularly important, but not the only, concern of social justice. From there, Schemmel develops an account of the wrongness of inegalitarian norms of social status which shows how status-induced foreclosure of important social opportunities is a social injustice in its own right, over and above the role of status inequality in enabling domination, and the threats it poses to individuals' self-respect. Finally, Schemmel articulates the implications of liberal relational egalitarianism for political, economic, and health justice, showing that it demands, in practice, far-reaching forms of equality in all three domains. With expert rigor and creativity, Justice and Egalitarian Relations brings together scholarship in a variety of related topics, from social justice and liberalism to distributive and social equality, republicanism, non-domination, and self-respect.
Justice and Egalitarian Relations (Oxford Political Philosophy)
by Christian SchemmelWhy does equality matter, as a social and political value, and what does it require? Relational egalitarians argue that it does not require that people receive equal distributive shares of some good, but that they relate as equals. Christian Schemmel here provides the first comprehensive development of a liberal conception of relational equality, one which understands relations of non-domination and egalitarian norms of social status as stringent demands of social justice. He first argues that expressing respect for the freedom and equality of individuals in social cooperation requires stringent protections against domination. Taking this as a starting point, he then develops a substantive, liberal conception of non-domination and argues that non-domination is a particularly important, but not the only, concern of social justice. From there, Schemmel develops an account of the wrongness of inegalitarian norms of social status which shows how status-induced foreclosure of important social opportunities is a social injustice in its own right, over and above the role of status inequality in enabling domination, and the threats it poses to individuals' self-respect. Finally, Schemmel articulates the implications of liberal relational egalitarianism for political, economic, and health justice, showing that it demands, in practice, far-reaching forms of equality in all three domains. With expert rigor and creativity, Justice and Egalitarian Relations brings together scholarship in a variety of related topics, from social justice and liberalism to distributive and social equality, republicanism, non-domination, and self-respect.
Justice and Empathy: Toward a Constitutional Ideal
by Robert A. BurtAn impassioned argument for the role of courts as a moral and social agent for change and protecting the vulnerable The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. Constitutional scholar Robert A. Burt explores this shift and its implications, especially for the legal protection of the vulnerable. Crucial to Burt’s perspective is his unconventional view of the role of judges—not simply to decide disputes, but to promote a respectful dialogue leading to a genuine understanding between parties.
Justice and Faith: The Frank Murphy Story
by Greg ZipesFrank Murphy was a Michigan man unafraid to speak truth to power. Born in 1890, he grew up in a small town on the shores of Lake Huron and rose to become Mayor of Detroit, Governor of Michigan, and finally a U.S. Supreme Court Justice. One of the most important politicians in Michigan’s history, Murphy was known for his passionate defense of the common man, earning him the pun “tempering justice with Murphy.” Murphy is best remembered for his immense legal contributions supporting individual liberty and fighting discrimination, particularly discrimination against the most vulnerable. Despite being a loyal ally of Franklin Delano Roosevelt, when FDR ordered the removal of Japanese Americans during World War II, Supreme Court Justice Murphy condemned the policy as “racist” in a scathing dissent to the Korematsu v. United States decision—the first use of the word in a Supreme Court opinion. Every American, whether arriving by first class or in chains in the galley of a slave ship, fell under Murphy’s definition of those entitled to the full benefits of the American dream. Justice and Faith explores Murphy’s life and times by incorporating troves of archive materials not available to previous biographers, including local newspaper records from across the country. Frank Murphy is proof that even in dark times, the United States has extraordinary resilience and an ability to produce leaders of morality and courage.
Justice and Health Care: Selected Essays
by Allen BuchananIn this volume Allen Buchanan collects ten of his most influential essays on justice and healthcare and connects the concerns of bioethicists with those of political philosophers, focusing not just on the question of which principles of justice in healthcare ought to be implemented, but also on the question of the legitimacy of institutions through which they are implemented. With an emphasis on the institutional implementation of justice in healthcare, Buchanan pays special attention to the relationship between moral commitments and incentives. The volume begins with an exploration of the difficulties of specifying the content of the right to healthcare and of identifying those agents and institutions that are obligated to help ensure that the right thus specified is realized, and then progresses to an examination of the problems that arise in attempts to implement the right through appropriate institutions. In the last two essays Buchanan pursues the central issues of justice in healthcare at the global level, exploring the idea of healthcare as a human right and the problem of assigning responsibilities for ameliorating global health disparities. Taken together, the essays provide a unique and consistent position on a wide range of issues, including conflicts of interest in clinical practice and the claims of medical professionalism, the nature and justification for the right to health care, the relationship between responsibility for healthcare and the nature of the healthcare system, and the problem of global health disparities. The result is an approach to justice in healthcare that will facilitate more productive interaction between the normative analysis of philosophers and the policy work of economists, lawyers, and political scientists.