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Justice for Some: Law and the Question of Palestine
by Noura ErakatJustice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict's most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel's settlement enterprise. Laws of war have permitted killing and destruction during Israel's military offensives in the Gaza Strip. The Oslo Accord's two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel's interests than the Palestinians'. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine.
The Justice Game
by Geoffrey RobertsonGeoffrey Robertson QC has been at the centre of internationally high-profile legal cases for over three decades. From representing Princess Diana to Salman Rushdie, to his involvement in the celebrated criminal trials of Oz magazine and Gay News, Robertson is an unfailing champion of human rights, justice, freedom and democracy. In this captivating memoir, Robertson reveals what draws him to each case, his ingenious analysis and interpretation of the courtroom proceedings, and the legal and civic consequences – wrapping each case into a thrilling, rollercoaster sequence of events.Entertaining, scandalous and hugely insightful, The Justice Game provides a piercing behind-the-scenes look into courtroom cases, the practice of the law and the never-ending fight in striving to narrow the gap between the law and justice. A highly recommended read for those interested in current affairs, criminal and public law, legal history and the British legal system.‘This wonderful book...reads like a John Grisham, infused with moral anger’ Independent
Justice Globalism: Ideology, Crises, Policy
by Manfred B. Steger James Goodman Erin K. WilsonAre political activists connected to the global justice movement simplistically opposed to neoliberal globalization? Is their political vision ′incoherent′ and their policy proposals ′naïve′ and ′superficial′ as is often claimed by the mainstream media? Drawing on dozens of interviews and rich textual analyses involving nearly fifty global justice organizations linked to the World Social Forum, the authors of this pioneering study challenge this prevailing view. They present a compelling case that the global justice movement has actually fashioned a new political ideology with global reach: ′justice globalism′. Far from being incoherent, justice globalism possesses a rich and nuanced set of core concepts and powerful ideological claims. The book investigates how justice globalists respond to global financial crises, to escalating climate change, and to the global food crisis. It finds justice globalism generating new political agendas and campaigns to address these pressing problems. Justice globalism, the book concludes, has much to contribute to solving the serious global challenges of the 21st century. Justice Globalism will prove a stimulating read for undergraduate and graduate students in the social sciences and humanities who are taking courses on globalization, global studies and global justice.
Justice Globalism: Ideology, Crises, Policy
by Manfred B. Steger James Goodman Erin K. WilsonAre political activists connected to the global justice movement simplistically opposed to neoliberal globalization? Is their political vision ′incoherent′ and their policy proposals ′naïve′ and ′superficial′ as is often claimed by the mainstream media? Drawing on dozens of interviews and rich textual analyses involving nearly fifty global justice organizations linked to the World Social Forum, the authors of this pioneering study challenge this prevailing view. They present a compelling case that the global justice movement has actually fashioned a new political ideology with global reach: ′justice globalism′. Far from being incoherent, justice globalism possesses a rich and nuanced set of core concepts and powerful ideological claims. The book investigates how justice globalists respond to global financial crises, to escalating climate change, and to the global food crisis. It finds justice globalism generating new political agendas and campaigns to address these pressing problems. Justice globalism, the book concludes, has much to contribute to solving the serious global challenges of the 21st century. Justice Globalism will prove a stimulating read for undergraduate and graduate students in the social sciences and humanities who are taking courses on globalization, global studies and global justice.
Justice in Climate Action Planning (Strategies for Sustainability)
by Brian Petersen Hélène B. DucrosThis edited volume examines how climate action plans engage justice at the scale of the city. Recent events in the United States make the context particularly ripe for a discussion of justice in urban climate politics. On the one hand, the emergence of the Black Lives Matter movement, George Floyd’s death, and the prominence of racial discrimination in the public realm have mainstreamed the notion of justice. On the other hand, the dire consequences of increased frequency and severity of climate events on vulnerable segments of urban populations are undeniable. While some cities have been proactive about integrating justice in their climate action planning, in most places an explicit and systematic link between both spheres has been lacking. This book explores this interface as it seeks to understand how cities can respond to climate change in a just way and for just outcomes. While resilience strategies based on “development” may engage historic inequities, they may at the same time result in marginalizing certain populations through various processes, from mismatched solutions to outright exclusion and climate gentrification. By identifying how certain populations are included in or excluded from climate action planning practices, the chapters in this volume draw on case studies to outline the differential outcomes of climate action in American cities, also proposing a template for comparative work beyond the US. The authors tackle the debate about how justice is or is not integrated in climate action plans and assess practical implications, while also making theoretical and methodological contributions. As it fills a gap in the literature at the intersection of justice and climate action, the book produces new insights for a wide-ranging audience: students, practitioners, policy-makers, planners, the non-profit sector, and scholars in geography, urban planning, urban studies, environmental studies, ecology, political science, or anthropology. Along five axes of investigation―theory, resilience, equity, community, and comparison as method―the contributors offer various pathways into the intersection between urban climate action and different understandings of justice. Collectively, they invite a reflection that can lead to practical initiatives in climate mitigation, while also advancing the theorization of social justice to account for the urban as a node where (in)justice plays out and can be addressed with significant results.
Justice in Climate Policy: Distributing Climate Costs Fairly (Research for Policy)
by Mark Bovens Victor Toom Annick de Vries Gijsbert Werner Elsenoor Wijlhuizen Suzanne HulscherThis open access book is looking into ways to achieve just climate policy within a country. The authors of this monograph share a unique, timely and original vision: continuous support for climate policy is more likely to emerge when citizens find that the distribution of the bill for climate costs is fair. But what is a fair distribution of climate costs? This is an important question because financial costs of mitigation (reducing greenhouse gases), adaptation (adapting to climate change) and damage (compensating or compensating after weather extremes) increase significantly in the coming decades. Drawing on philosophy and ethics, the authors propose ten principles for achieving just distributions of domestic climate costs. Examples of such principles are individual responsibility, the polluter pays, greatest utility and capacity to pay. Yet what a fair distribution is, depends on, for example, political preferences and the policy issue at hand. Empirical research on designing climate policies, however, shows that distributive principles are not part of the political, policy, and public discussions. The authors therefore argue that explicit attention to principles of just distribution at the start of a policy process contributes to support for climate policy. This book provides tools to professionals and students to achieve justice in climate policy.
Justice in Funding Adaptation under the International Climate Change Regime
by Marco GrassoCovering the ethical dimensions of international-level adaptation funding, a subject of growing interest in the climate change debate, this book provides a theoretical analysis of the ethical foundations of the UNFCCC regime on adaptation funding, one that culminates in the definition of a framework of justice. The text features an interpretative analysis of the ethical contents of the UNFCCC funding architecture by applying the framework of justice proposed to different areas of empirical investigation. The book offers scholars working on climate change, international relations, and environmental politics an analysis characterized by both theoretical soundness and empirical richness. The comprehensiveness of the book’s approach should make it possible to plan and implement international adaptation funding more effectively, and eventually to define more just funding policies and practices.
Justice in Health
by Camille BurnettInequities and health disparities are the greatest and most pressing social issues of our time. This book explores public health practice through the critical lens of social and structural justice by examining our approach to health and what it means to be healthy, systemically and structurally.Through recent events, the raw reality of health disparities and inequities have been exposed. These events are earmarked by COVID-19's decimating and disparate impacts on Black and Brown populations during one of the greatest social movements of our time to end racism. Since this very public explosion of intersecting forms of oppression and inequitable suffrage, many have clamored to make sense of it, to reframe our narratives toward action, and re-envision what progress and change could look like. This text is positioned as a tool to help professionals dismantle old ways of thinking while reconstructing new ones that can be more responsive in meeting the realities of today.The author challenges the reader to think about public health more deeply and pragmatically as the space for reconciling solutions to these poignant health issues. This requires the exploration of an ideological shift in how we think of health, how we prepare healthcare providers outside of an antiquated sick care system, and how we prioritize the determinants of health across a re-imagined continuum of care. The scope of this book ranges from a historical and structural examination of our beliefs about health to perceiving a more just system of care where health is intentionally co-created toward this aim. It intentionally explores health along the lines of equity and through the broader lens of the social determinants of health to shed light on the opportunity in this moment that public health creates for health care.Justice in Health is a timely and important resource for healthcare professionals (pre- and post-licensure) and healthcare decision-makers. The book also appeals more widely to instructors, academics, researchers, and students across disciplines of nursing, medicine, public heath, sociology, and social work.
Justice In Immigration (Cambridge Studies In Philosophy And Law Ser. (PDF))
by Warren SchwartzThis book is an interdisciplinary study of the fundamental normative issues underpinning immigration policy. Economists, political scientists and philosophers address issues such as the proper role of the state in supporting a particular culture, the possible destabilization of the political and social life of a country through immigration, the size and distribution of economic losses and gains, and the legitimacy of discriminating against potential immigrants in favour of members of the resident population. The need for serious philosophical consideration of this subject is beyond question. This volume should advance discussion in an area of great practical as well as philosophical importance.
Justice in Islam: The Quest for the Righteous Community From Abu Dharr to Muhammad Ali
by Raymond William BakerIslam is the fastest growing of the world's major religions. Yet the pervasive hostility to Islam in the West makes understanding its expanding global reach virtually impossible. Islam is all too often seen through a lens that focuses on the small minority of violent extremists rather than the overwhelming majority of Muslims who make up to the moderate mainstream. It is the centrist mind and heart of Islam that captures new adherents in such impressive numbers. For centuries, Abu Dharr al Ghifari, the seventh-century companion of the Prophet Muhammad, has provided a human face for Islamic justice as the core value of the faith. The influence of Abu Dharr has sometimes faded. Extremism may challenge the moderate and tolerant heart of the Islam of the Qur'an that Abu Dharr represents. Invariably, however, Islamic intellectuals have stepped forward to restore balance and moderation. Our time is such a period of renewal and the sweeping awakening of midstream Islam. In this study of justice in Islam, Raymond Baker focuses on the work of major intellectuals who have contributed to this Islamic Awakening. They include: the Egyptians Hassan al Banna, Sayyid Qutb, and Shaikh Muhammad al Ghazalli; the Turkish scholar Sa'id Nursi; the Lebanese Grand Ayatollah Muhammad Fadlallah; the Iraqi Grand Ayatollah Baqir al Sadra; the Iranian radical intellectual Ali Sheriati; and the American athlete and Muslim convert Muhammad Ali. Baker argues that appreciation for the work of these preeminent figures is indispensable to understanding how an awakened Islam with justice at its core has become a global phenomenon.
Justice in Islam: The Quest for the Righteous Community From Abu Dharr to Muhammad Ali
by Raymond William BakerIslam is the fastest growing of the world's major religions. Yet the pervasive hostility to Islam in the West makes understanding its expanding global reach virtually impossible. Islam is all too often seen through a lens that focuses on the small minority of violent extremists rather than the overwhelming majority of Muslims who make up to the moderate mainstream. It is the centrist mind and heart of Islam that captures new adherents in such impressive numbers. For centuries, Abu Dharr al Ghifari, the seventh-century companion of the Prophet Muhammad, has provided a human face for Islamic justice as the core value of the faith. The influence of Abu Dharr has sometimes faded. Extremism may challenge the moderate and tolerant heart of the Islam of the Qur'an that Abu Dharr represents. Invariably, however, Islamic intellectuals have stepped forward to restore balance and moderation. Our time is such a period of renewal and the sweeping awakening of midstream Islam. In this study of justice in Islam, Raymond Baker focuses on the work of major intellectuals who have contributed to this Islamic Awakening. They include: the Egyptians Hassan al Banna, Sayyid Qutb, and Shaikh Muhammad al Ghazalli; the Turkish scholar Sa'id Nursi; the Lebanese Grand Ayatollah Muhammad Fadlallah; the Iraqi Grand Ayatollah Baqir al Sadra; the Iranian radical intellectual Ali Sheriati; and the American athlete and Muslim convert Muhammad Ali. Baker argues that appreciation for the work of these preeminent figures is indispensable to understanding how an awakened Islam with justice at its core has become a global phenomenon.
Justice in the Workplace: Overcoming Ethical Dilemmas
by Matthieu de NanteuilThis timely book explores new social justice challenges in the workplace. Adopting a long-term perspective, it focuses on value conflicts, or ethical dilemmas, in contemporary organisations. Matthieu de Nanteuil holds a strong and original position in this regard. The problem is not so much the existence of value conflicts: it is more the fact that the actors do not have a frame of justice that allows them to overcome these conflicts without renouncing their deeply held values. However – and this is crucial – these frames of justice are plural. The book proposes tangible solutions, based around four frames of justice: ethics of discussion, negotiation, development and recognition. It offers a systematic review of their strengths and weaknesses as applied to the workplace. The author translates them to real life situations through a range of case studies, demonstrating practical outcomes applicable to the day-to-day working environment and highlighting that there is no one universal approach. Original and engaging, this book will be of interest to scholars of workplace ethics, labour policy, sociology of work and social theory. It will also be a key resource for HRM policy makers, trade unionists and managers dealing with human issues in the organisation.
Justice in Transactions: A Theory of Contract Law
by Peter BensonLegal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
Justice Interrupted: The Struggle For Constitutional Government In The Middle East
by Elizabeth F. ThompsonThe Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.
Justice Interrupted: The Struggle For Constitutional Government In The Middle East
by Elizabeth F. ThompsonThe Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.
Justice Is an Option: A Democratic Theory of Finance for the Twenty-First Century (Chicago Studies in Practices of Meaning)
by Robert MeisterMore than ten years after the worst crisis since the Great Depression, the financial sector is thriving. But something is deeply wrong. Taxpayers bore the burden of bailing out “too big to fail” banks, but got nothing in return. Inequality has soared, and a populist backlash against elites has shaken the foundations of our political order. Meanwhile, financial capitalism seems more entrenched than ever. What is the left to do? Justice Is an Option uses those problems—and the framework of finance that created them—to reimagine historical justice. Robert Meister returns to the spirit of Marx to diagnose our current age of finance. Instead of closing our eyes to the political and economic realities of our era, we need to grapple with them head-on. Meister does just that, asking whether the very tools of finance that have created our vastly unequal world could instead be made to serve justice and equality. Meister here formulates nothing less than a democratic financial theory for the twenty-first century—one that is equally conversant in political philosophy, Marxism, and contemporary politics. Justice Is an Option is a radical, invigorating first page of a new—and sorely needed—leftist playbook.
Justice Is an Option: A Democratic Theory of Finance for the Twenty-First Century (Chicago Studies in Practices of Meaning)
by Robert MeisterMore than ten years after the worst crisis since the Great Depression, the financial sector is thriving. But something is deeply wrong. Taxpayers bore the burden of bailing out “too big to fail” banks, but got nothing in return. Inequality has soared, and a populist backlash against elites has shaken the foundations of our political order. Meanwhile, financial capitalism seems more entrenched than ever. What is the left to do? Justice Is an Option uses those problems—and the framework of finance that created them—to reimagine historical justice. Robert Meister returns to the spirit of Marx to diagnose our current age of finance. Instead of closing our eyes to the political and economic realities of our era, we need to grapple with them head-on. Meister does just that, asking whether the very tools of finance that have created our vastly unequal world could instead be made to serve justice and equality. Meister here formulates nothing less than a democratic financial theory for the twenty-first century—one that is equally conversant in political philosophy, Marxism, and contemporary politics. Justice Is an Option is a radical, invigorating first page of a new—and sorely needed—leftist playbook.
Justice is Steady Work: A Conversation on Political Theory
by Michael WalzerMichael Walzer is one of the pre-eminent political theorists in the world today and also a prominent public intellectual. His conception of social justice and his work on just and unjust wars have been hugely influential in political theory and, at the same time, he has taken a public stand on many of the great issues of our time, from the civil rights movement and the Vietnam War to 9/11, the Israeli-Palestinian conflict and the Iraq War. He stands out among political theorists and philosophers by virtue of his attention to historical reality and his sensitivity to social and political context. Convinced that philosophical debate is only useful if it is rooted in the concrete practices and morality of societies, he develops a form of social critique that is opposed to a disembodied philosophy which does not respond to concerns of ordinary people. For Walzer, it is useless to try to write a theory of justice: the challenge is to think through issues of justice in relation to the particular contexts in which people live out their lives. The core strength of his work is his practical instinct: if individuals are contextualized, critique must be too. This book takes the form of an extended conversation between Walzer and Astrid von Busekist, ranging from Walzer’s biography and political activism to his work on war, justice and Judaism. Weaving together his theoretical work and his political activism, it provides an outstanding introduction to the life and work of one of the most influential political theorists of our time.
Justice, Judocracy and Democracy in India: Boundaries and Breaches
by Sudhanshu RanjanThis book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Justice, Judocracy and Democracy in India: Boundaries and Breaches
by Sudhanshu RanjanThis book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.
Justice, Migration, and Mercy
by Michael BlakePolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusion in an effort to determine its limits. In doing so, he challenges the current global realities of migration which ensure open borders for a select few and closed borders for the majority, most often the most marginalized in society. His account sheds light on more specific questions of justice in migration, such as the permissibility of travel bans and carrier sanctions. He also offers a particular vision about how to go beyond questions of right and liberal justice, towards a declaration of the sort of community we wish to be. Blake then identifies the moral notion of mercy as a central one for the moral analysis of migration, a move which leads to the conclusion that we ought to show mercy and justice in constructing migration policy as well as in public debate.
Justice, Migration, and Mercy
by Michael BlakePolitical controversy about migration is becoming more frequent, more heated, and for certain groups, decidedly more urgent. This raises pressing questions not only in the realms of policy-making and public discourse, but also for philosophical accounts of migration. Do liberal states have the right to exclude unwanted outsiders, or should all borders be open? How should we begin to theorize the morality of refugee and asylum policy? If states can exclude unwanted outsiders, what ethical principles govern the determination of who gets in? Justice, Migration, and Mercy offers a way in which these questions might be answered by providing a vision of how we can understand the political morality of migration. Michael Blake offers a novel, and plausible, account of the right to exclude on which that right is grounded on a more fundamental right to avoid unwanted forms of political relationship. Far from simply justifying exclusion, however, Blake examines the best justifications for exclusion in an effort to determine its limits. In doing so, he challenges the current global realities of migration which ensure open borders for a select few and closed borders for the majority, most often the most marginalized in society. His account sheds light on more specific questions of justice in migration, such as the permissibility of travel bans and carrier sanctions. He also offers a particular vision about how to go beyond questions of right and liberal justice, towards a declaration of the sort of community we wish to be. Blake then identifies the moral notion of mercy as a central one for the moral analysis of migration, a move which leads to the conclusion that we ought to show mercy and justice in constructing migration policy as well as in public debate.
The Justice of Contradictions: Antonin Scalia and the Politics of Disruption
by Richard L. HasenEngaging but caustic and openly ideological, Antonin Scalia was among the most influential justices ever to serve on the United States Supreme Court. In this fascinating new book, legal scholar Richard L. Hasen assesses Scalia’s complex legacy as a conservative legal thinker and disruptive public intellectual. The left saw Scalia as an unscrupulous foe who amplified his judicial role with scathing dissents and outrageous public comments. The right viewed him as a rare principled justice committed to neutral tools of constitutional and statutory interpretation. Hasen provides a more nuanced perspective, demonstrating how Scalia was crucial to reshaping jurisprudence on issues from abortion to gun rights to separation of powers. A jumble of contradictions, Scalia promised neutral tools to legitimize the Supreme Court, but his jurisprudence and confrontational style moved the Court to the right, alienated potential allies, and helped to delegitimize the institution he was trying to save.
Justice of Marxism: Debate, Dialogue and Defense
by Zhang XiaomengThis book analyzes Marxian theories of justice within the context of contemporary political philosophy and intellectual history. Transcending perspectives from classical Marxism, the author analyzes how Western Marxism has engaged with critically and responded to the theories of justice, especially since the 1970s. The nine chapters cover major intellectual movements and multi-dimensional frameworks of thought that critique and understand anew the idea of justice, including anglophone debates on Marxism and justice, global distributive justice, and viewpoints from analytical Marxism, radical egalitarianism, the Frankfurt School, Marxian feminism and ecological Marxism. The second part of the book returns to the classical texts of Marxism, with a focus on historical materialism and a critique of capitalism to reinterpret basic tenets of justice in Marxism and to reconstruct Marxian theory of justice. This title will be of value to scholars and students interested in theories of justice, Marxian philosophy and political philosophy.
Justice of Marxism: Debate, Dialogue and Defense
by Zhang XiaomengThis book analyzes Marxian theories of justice within the context of contemporary political philosophy and intellectual history. Transcending perspectives from classical Marxism, the author analyzes how Western Marxism has engaged with critically and responded to the theories of justice, especially since the 1970s. The nine chapters cover major intellectual movements and multi-dimensional frameworks of thought that critique and understand anew the idea of justice, including anglophone debates on Marxism and justice, global distributive justice, and viewpoints from analytical Marxism, radical egalitarianism, the Frankfurt School, Marxian feminism and ecological Marxism. The second part of the book returns to the classical texts of Marxism, with a focus on historical materialism and a critique of capitalism to reinterpret basic tenets of justice in Marxism and to reconstruct Marxian theory of justice. This title will be of value to scholars and students interested in theories of justice, Marxian philosophy and political philosophy.