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Justice and Health Care (Philosophy and Medicine #8)
by Earl E. ShelpBioethics is a discipline still not fully explored in spite of its rather remark able expansion and sophistication during the past two decades. The prolifer ation of courses in bioethics at educational institutions of every description gives testimony to an intense academic interest in its concerns. The media have catapulted the dilemmas of bioethics out of the laboratory and library into public view arid discussion with a steady report of the so-called 'mira cles of modern medicine' and the moral perplexities which frequently accom pany them. The published work of philosophers, theologians, lawyers and others represents a substantial and growing body of literature which explores relevant concepts and issues. Commitments have been made by existing in stitutions, and new institutions have been chartered to further the discussion of the strategic moral concerns that attend recent scientific and medical progress. This volume focuses attention on one of the numerous topics of interest within bioethics. Specifically, an examination is made of the implications of the principle of justice for health care. Apart from four essays in Ethics and Health Policy edited by Robert Veatch and Roy Branson [4] the dis cussion of justice and health care has been occasional, almost non-existent, and scattered. The paucity of literature in this area is regrettable but perhaps understandable. On the one hand, Joseph Fletcher, one of the contemporary pioneers in bioethics, can hold that "distributive justice is the core or key question for biomedical ethics" ([1], p. 102).
Justice and Injustice in Law and Legal Theory (The Amherst Series In Law, Jurisprudence, And Social Thought)
by Austin Sarat Thomas R. KearnsRunning through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Justice and International Law in Meiji Japan: The María Luz Incident and the Dawn of Modernity (Routledge Research in Legal History)
by Giorgio Fabio ColomboThis book carries out a comprehensive analysis of the María Luz incident, a truly significant episode in Japanese and world history, from a legal perspective. In July 1872, the María Luz, a barque flying the Peruvian flag, carried Chinese indentured servants from Macau to Peru. After the ship stopped for repairs in Kanagawa Bay, a number of legal issues arose that were destined to change the perception and use of the law in Japan forever. The case had a tremendous impact on the collective imagination, both Japanese and international: it is one of the first occurrences in which an Asian country decided to resist the pressure of a Western nation, and responded using the most refined tools of domestic and international law. Moreover, the final outcome of the case (arbitration in front of the Czar of Russia) marks the debut of Japan on the stage of international arbitration. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity. These include unequal treaties, extraterritoriality clauses, the need to establish an updated judicial system, and a delicate balance between asserting sovereignty and resorting to diplomacy in solving disputes involving foreigners. Based on original documents, this book is an invaluable resource for researchers and academics in the fields of legal history, dispute resolution, international law, Japanese history and Asian studies.
Justice and Love: A Philosophical Dialogue
by Mary Zournazi Rowan WilliamsHow do we see and act justly in the world? In what ways can we ethically respond to social and economic crisis? How do we address the desperation that exists in the new forms of violence and atrocity? These are all questions at the heart of Justice and Love, a philosophical dialogue on how to imagine and act in a more just world by theologian Rowan Williams and philosopher Mary Zournazi. Looking at different religious and philosophical traditions, Williams and Zournazi argue for the re-invigoration and enriching of the language of justice and, by situating justice alongside other virtues, they extend our everyday vocabularies on what is just.Drawing on examples ranging from the Paris Attacks, the Syrian War, and the European Migrant Crisis to Brexit and the US Presidential elections, Williams and Zournazi reflect on justice as a process: a condition of being, a responsiveness to others, rather than a cold distribution of fact. By doing so, they explore the love and patience needed for social healing and the imagination required for new ways of relating and experiencing the world.
Justice and Love: A Philosophical Dialogue
by Mary Zournazi Rowan WilliamsHow do we see and act justly in the world? In what ways can we ethically respond to social and economic crisis? How do we address the desperation that exists in the new forms of violence and atrocity? These are all questions at the heart of Justice and Love, a philosophical dialogue on how to imagine and act in a more just world by theologian Rowan Williams and philosopher Mary Zournazi. Looking at different religious and philosophical traditions, Williams and Zournazi argue for the re-invigoration and enriching of the language of justice and, by situating justice alongside other virtues, they extend our everyday vocabularies on what is just.Drawing on examples ranging from the Paris Attacks, the Syrian War, and the European Migrant Crisis to Brexit and the US Presidential elections, Williams and Zournazi reflect on justice as a process: a condition of being, a responsiveness to others, rather than a cold distribution of fact. By doing so, they explore the love and patience needed for social healing and the imagination required for new ways of relating and experiencing the world.
Justice and Memory after Dictatorship: Latin America, Central Eastern Europe, and the Fragmentation of International Criminal Law (International Law and Domestic Legal Orders)
by Raluca GrosescuAfter the fall of military and communist dictatorships at the end of the 1980s, Latin American and Eastern European countries had to reckon with atrocities perpetrated by these Cold War regimes. Judges, prosecutors, and human rights campaigners across the two regions constructed novel readings of international criminal law to fight impunity and realize justice for gross human rights violations. Justice and Memory after Dictatorship: Latin America, Central Eastern Europe and the Fragmentation of International Criminal Law provides a groundbreaking socio-historical account of the global transformation of international criminal law from these two semi-peripheries of the world system. Based on ethnographic observation and analyses of jurisprudence, Raluca Grosescu dissects the narratives that were fundamentally shaped by the relationship of law and politics. Using paradigmatic cases and personal interviews with lawyers and judicial officials from Latin America and Eastern Europe, Grosescu uncovers how legal actors and organizations were instrumental in questioning an international order that marginalized the political violence that had unfolded in the two regions during the Cold War. Justice and Memory after Dictatorship is a significant volume in modern international criminal and human rights law and an important read for scholars, students, and legal practitioners alike.
Justice and Memory after Dictatorship: Latin America, Central Eastern Europe, and the Fragmentation of International Criminal Law (International Law and Domestic Legal Orders)
by Dr Raluca GrosescuAfter the fall of military and communist dictatorships at the end of the 1980s, Latin American and Eastern European countries had to reckon with atrocities perpetrated by these Cold War regimes. Judges, prosecutors, and human rights campaigners across the two regions constructed novel readings of international criminal law to fight impunity and realize justice for gross human rights violations. Justice and Memory after Dictatorship: Latin America, Central Eastern Europe and the Fragmentation of International Criminal Law provides a groundbreaking socio-historical account of the global transformation of international criminal law from these two semi-peripheries of the world system. Based on ethnographic observation and analyses of jurisprudence, Raluca Grosescu dissects the narratives that were fundamentally shaped by the relationship of law and politics. Using paradigmatic cases and personal interviews with lawyers and judicial officials from Latin America and Eastern Europe, Grosescu uncovers how legal actors and organizations were instrumental in questioning an international order that marginalized the political violence that had unfolded in the two regions during the Cold War. Justice and Memory after Dictatorship is a significant volume in modern international criminal and human rights law and an important read for scholars, students, and legal practitioners alike.
Justice and mercy: Moral theology and the exercise of law in twelfth-century England (Artes Liberales)
by Philippa ByrneThis book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
Justice and mercy: Moral theology and the exercise of law in twelfth-century England (Artes Liberales)
by Philippa ByrneThis book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.
Justice and Peace in a Renewed Caribbean: Contemporary Catholic Reflections (Content and Context in Theological Ethics)
by Anna Kasafi Perkins Donald Chambers Jacqueline PorterThis collection of critical essays and personal reflections explores the insights provided by official statements of the Roman Catholic Bishops of the Caribbean. In so doing, it presents a critical reading of the corpus with a view to presenting its relevance to the regional and global conversation on matters of human flourishing.
Justice and Profit in Health Care Law: A Comparative Analysis of the United States and the United Kingdom
by Sabrina GermainThe issue of justice in the field of health care is becoming more central with concerns over access, cost and provision. Obamacare in the United States and the Health and Social Care Act 2012 in the United Kingdom are key examples illustrating the increasing pressure put on governments to find just and equitable solutions to the problem of health care provision. Justice and Profit in Health Care Law explores the influence of justice principles on the elaboration of laws reforming health care systems. By examining the role played by key for-profit stakeholders (doctors, employers and insurers), it tracks the evolution of distributive norms for the allocation of health care resources in western welfare states. Essentially, this book sheds light on the place given to justice in the health care law-making process in order to understand the place we wish to give these principles in future health care reforms.
Justice and Profit in Health Care Law: A Comparative Analysis of the United States and the United Kingdom
by Sabrina GermainThe issue of justice in the field of health care is becoming more central with concerns over access, cost and provision. Obamacare in the United States and the Health and Social Care Act 2012 in the United Kingdom are key examples illustrating the increasing pressure put on governments to find just and equitable solutions to the problem of health care provision. Justice and Profit in Health Care Law explores the influence of justice principles on the elaboration of laws reforming health care systems. By examining the role played by key for-profit stakeholders (doctors, employers and insurers), it tracks the evolution of distributive norms for the allocation of health care resources in western welfare states. Essentially, this book sheds light on the place given to justice in the health care law-making process in order to understand the place we wish to give these principles in future health care reforms.
Justice and Reform: Formative Years of the American Legal Service Programme
by Earl JohnsonThis is the first study of the origins, philosophy, creation, management, and impact of the American Legal Services Bureau. As such, it clearly and concisely describes the program’s role as a strategy for overcoming poverty. Timely, iifiportant, and unique, Justice and Reform provides the background and a comprehensive study of an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the twentieth century.
Justice and Reform: Formative Years of the American Legal Service Programme
by Earl JohnsonThis is the first study of the origins, philosophy, creation, management, and impact of the American Legal Services Bureau. As such, it clearly and concisely describes the program’s role as a strategy for overcoming poverty. Timely, iifiportant, and unique, Justice and Reform provides the background and a comprehensive study of an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the twentieth century.
Justice and Responsibility—Sensitive Egalitarianism
by R. RobinsonThis text explores the place to locate the cut between those inequalities for which it is fair to hold one responsible, and those for which it is not. The argument traces a thread of intellectual history, identifying a rejection of strong property rights which we inherit from Locke, and find in contemporary defenders of entitlements such as Nozick.
Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone (Law, Development and Globalization)
by Lisa DenneyJustice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.
Justice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone (Law, Development and Globalization)
by Lisa DenneyJustice and Security Reform: Development Agencies and Informal Institutions in Sierra Leone undertakes a deep contextual analysis of the reform of the country’s security and justice sectors since the end of the civil war in 2002. Arguing that the political and bureaucratic nature of development agencies leads to a lack of engagement with informal institutions, this book examines the challenges of sustainably transforming security and justice in fragile states. Through the analysis of a post-conflict context often held up as an example of successful peacebuilding, Lisa Denney reveals how the politics of development agencies is an often forgotten constraint in security and justice reform and development efforts more broadly. Particularly suited to upper-level undergraduates and postgraduate students, as well as practitioners, this book is relevant to those interested in security and justice reform and statebuilding, as well Sierra Leone’s post-conflict recovery.
Justice and the Capabilities Approach (The Library of Essays on Justice)
by Thom BrooksThe capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.
Justice and the Capabilities Approach (The Library of Essays on Justice)
by Thom BrooksThe capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.
Justice and the Enemy: Nuremberg, 9/11, and the Trial of Khalid Sheikh Mohammed
by William ShawcrossSince the Nuremberg Trials of 1945, lawful nations have struggled to impose justice around the world, especially when confronted by tyrannical and genocidal regimes. But in Cambodia, the USSR, China, Bosnia, Rwanda, and beyond, justice has been served haltingly if at all in the face of colossal inhumanity. International Courts are not recognized worldwide. There is not a global consensus on how to punish transgressors. The war against Al Qaeda is a war like no other. Osama bin Laden, Al Qaeda&’s founder, was killed in Pakistan by Navy Seals. Few people in America felt anything other than that justice had been served. But what about the man who conceived and executed the 9/11 attacks on the US, Khalid Sheikh Mohammed? What kind of justice does he deserve? The U.S. has tried to find the high ground by offering KSM a trial – albeit in the form of military tribunal. But is this hypocritical? Indecisive? Half-hearted? Or merely the best application of justice possible for a man who is implacably opposed to the civilization that the justice system supports and is derived from? In this book, William Shawcross explores the visceral debate that these questions have provoked over the proper application of democratic values in a time of war, and the enduring dilemma posed to all victors in war: how to treat the worst of your enemies.
Justice and the Slaughter Bench: Essays on Law's Broken Dialectic
by Alan NorrieIn this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Justice and the Slaughter Bench: Essays on Law's Broken Dialectic
by Alan NorrieIn this follow-up to Law and the Beautiful Soul, Alan Norrie addresses the split between legal and ethical judgment. Shaped by history, law’s formalism both eschews and requires ethics. The first essays consider legal form in its practical aspect, and the ethical problems encountered (‘law’s architectonic’). The later essays look at the complex underlying relation between law and ethics (‘law’s constellation’). In Hegel’s philosophy, legal and ethical judgment are brought together in a rational totality. Here, the synthesis remains unachieved, the dialectic systematically ‘broken’. These essays cover such issues as criminal law’s ‘general part’, homicide reform, self-defence, euthanasia, and war guilt. They interrogate legal problems, consider law’s method, and its place in the social whole. The analysis of law’s historicity, its formalism and its relation to ethics contributes importantly to central questions in law, legal theory and criminal justice.
Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life
by Richard DawsonThe meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.
Justice as Attunement: Transforming Constitutions in Law, Literature, Economics and the Rest of Life
by Richard DawsonThe meaning of an expression resides not in the expression itself but in the experience of a person’s engagement with it. Meaning will be different not only to different people but also to the same person at different times. This book offers a way of attending to these different meanings. This way (or method) is a version of a trans-cultural activity that Richard Dawson calls attunement. The activity of attunement involves a movement of self-adjustment to a language, which a person transforms in her or his use of it. Consciously performing the activity can enable understanding of the processes by which we constitute ourselves and others when we use a language. This directly connects to the topic justice, which is concerned with constituting appropriate selves and relations. Justice as Attunement engages with a wide range of texts – legal, literary, economic, philosophical, among others – and illuminates many useful and fascinating connections between them. There is a sense in which this book transcends disciplinary boundaries, for, in addition to students and scholars of law, literature, economics, and philosophy, it is written to a general reader who is interested in reflecting on and doing justice to their experiences in life.