Arguing about Justice

Arguing about Justice
Author :
Publisher : Presses univ. de Louvain
Total Pages : 423
Release :
ISBN-10 : 9782874632754
ISBN-13 : 2874632759
Rating : 4/5 (54 Downloads)

Synopsis Arguing about Justice by : Yannick Vanderborght

Fifty of today's finest thinkers were asked to let their imaginations run free to advance new ideas on a wide range of social and political issues. They did so as friends, on the occasion of Philippe Van Parijs's sixtieth birthday.

Justice, Law, and Argument

Justice, Law, and Argument
Author :
Publisher : Springer Science & Business Media
Total Pages : 199
Release :
ISBN-10 : 9789400990104
ISBN-13 : 9400990103
Rating : 4/5 (04 Downloads)

Synopsis Justice, Law, and Argument by : Ch. Perelman

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument (Routledge & Kegan Paul, London, 1963). The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P.

Justice for Some

Justice for Some
Author :
Publisher : Stanford University Press
Total Pages : 405
Release :
ISBN-10 : 9781503608832
ISBN-13 : 1503608832
Rating : 4/5 (32 Downloads)

Synopsis Justice for Some by : Noura Erakat

“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice 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. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Health Justice

Health Justice
Author :
Publisher : John Wiley & Sons
Total Pages : 282
Release :
ISBN-10 : 9780745637501
ISBN-13 : 0745637507
Rating : 4/5 (01 Downloads)

Synopsis Health Justice by : Sridhar Venkatapuram

Social factors have a powerful influence on human health and longevity. Yet the social dimensions of health are often obscured in public discussions due to the overwhelming focus in health policy on medical care, individual-level risk factor research, and changing individual behaviours. Likewise, in philosophical approaches to health and social justice, the debates have largely focused on rationing problems in health care and on personal responsibility. However, a range of events over the past two decades such as the study of modern famines, the global experience of HIV/AIDS, the international women’s health movement, and the flourishing of social epidemiological research have drawn attention to the robust relationship between health and broad social arrangements. In Health Justice, Sridhar Venkatapuram takes up the problem of identifying what claims individuals have in regard to their health in modern societies and the globalized world. Recognizing the social bases of health and longevity, Venkatapuram extends the ‘Capabilities Approach’ of Amartya Sen and Martha Nussbaum into the domain of health and health sciences. In so doing, he formulates an inter-disciplinary argument that draws on the natural and social sciences as well as debates around social justice to argue for every human being’s moral entitlement to a capability to be healthy. An ambitious integration of the health sciences and the Capabilities Approach, Health Justice aims to provide a concrete ethical grounding for the human right to health, while advancing the field of health policy and placing health at the centre of social justice theory. With a foreword by Sir Michael Marmot, chair of the WHO Commission on the Social Determinants of Health.

Plato on Justice and Power

Plato on Justice and Power
Author :
Publisher : SUNY Press
Total Pages : 220
Release :
ISBN-10 : 0887064159
ISBN-13 : 9780887064159
Rating : 4/5 (59 Downloads)

Synopsis Plato on Justice and Power by : Kimon Lycos

Most commentaries on the Republic rush through Book I with embarrassment because the arguments of the participants, including Socrates, are specious. Beginning with Book II, the arguments are brilliant, so why did Plato write Book I? Lycos shows that the function of Book I is to attack the view that justice is external to the soul--external to the power humans have to render things good--and is merely instrumental to a good society. The dramatic situation in Book I presents justice as internal, requiring not laws, but discrimination and virtue. After this introduction, the rest of the Republic serves to sketch out what virtue is and how to practice discrimination. Plato on Justice and Power ends with some illuminating contrasts between this sense of virtue and that characteristic of our modern liberal politics which takes an external view of justice similar to the Athenians view at the time of Plato.

Justice is Conflict

Justice is Conflict
Author :
Publisher :
Total Pages : 98
Release :
ISBN-10 : 0691009333
ISBN-13 : 9780691009339
Rating : 4/5 (33 Downloads)

Synopsis Justice is Conflict by : Stuart Hampshire

"Hampshire's contribution to philosophy . . . is highly individual. . . . His work displays a broad and systematic outlook, concerned with bringing together views in the theory of knowledge, metaphysics, the philosophy of mind, ethics, and aesthetics. . . . His philosophical style is distinctive, a sensitive blend of the argumentative and the exploratory."--Bernard Williams, "The Encyclopedia of Philosophy"

The Idea of Justice

The Idea of Justice
Author :
Publisher : Harvard University Press
Total Pages : 497
Release :
ISBN-10 : 9780674060470
ISBN-13 : 0674060474
Rating : 4/5 (70 Downloads)

Synopsis The Idea of Justice by : Amartya Sen

Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.

Justice

Justice
Author :
Publisher : Farrar, Straus and Giroux
Total Pages : 318
Release :
ISBN-10 : 9781429952682
ISBN-13 : 1429952687
Rating : 4/5 (82 Downloads)

Synopsis Justice by : Michael J. Sandel

A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.

International Legal Argument in the Permanent Court of International Justice

International Legal Argument in the Permanent Court of International Justice
Author :
Publisher : Cambridge University Press
Total Pages : 539
Release :
ISBN-10 : 9781139442688
ISBN-13 : 1139442686
Rating : 4/5 (88 Downloads)

Synopsis International Legal Argument in the Permanent Court of International Justice by : Ole Spiermann

The International Court of Justice at The Hague is the principal judicial organ of the UN, and the successor of the Permanent Court of International Justice (1923–1946), which was the first real permanent court of justice at the international level. This 2005 book analyses the groundbreaking contribution of the Permanent Court to international law, both in terms of judicial technique and the development of legal principle. The book draws on archival material left by judges and other persons involved in the work of the Permanent Court, giving fascinating insights into many of its most important decisions and the individuals who made them (Huber, Anzilotti, Moore, Hammerskjöld and others). At the same time it examines international legal argument in the Permanent Court, basing its approach on a developed model of international legal argument that stresses the intimate relationships between international and national lawyers and between international and national law.

Law, Rights and Discourse

Law, Rights and Discourse
Author :
Publisher : Bloomsbury Publishing
Total Pages : 390
Release :
ISBN-10 : 9781847313683
ISBN-13 : 184731368X
Rating : 4/5 (83 Downloads)

Synopsis Law, Rights and Discourse by : George Pavlakos

A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.