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Author: Shane O'Neill Publisher: State University of New York Press ISBN: 1438415133 Category : Political Science Languages : en Pages : 312
Book Description
In this book, Shane O'Neill argues that the theory of justice must take seriously two dimensions of pluralism in the modern world. While it must acknowledge the plurality of individual conceptions of the good that is characteristic of every modern society, it must also reckon with the plurality of historically unique, culturally specific, political societies. O'Neill offers a distinctive perspective on an extremely significant current debate about universalism and particularism in political philosophy. Justice, he maintains, must be understood both in terms of an impartial point of view that respects differing conceptions of the good and in relation to the particular contexts in which disputes about norms and principles arise. Liberals, most notably John Rawls, have tended to privilege the former aspect of justice, while communitarians, especially Michael Walzer, have stressed the latter. O'Neill shows how Habermas's discourse ethics can overcome the limitations of these alternatives by providing theoretical tools that allow us to ground impartiality in particular contexts. This position is developed through an exploration of the complementary roles of moral and ethical discourses and an application of the theory to the political conflict in Northern Ireland. This careful and detailed philosophical argument offers a valuable critical introduction to a range of important topics, including the communitarian critique of liberalism, feminist perspectives on justice, the interpretive turn in political philosophy, the theory of communicative action, the dynamics of a discursive democracy, and the politics of recognition.
Author: Shane O'Neill Publisher: State University of New York Press ISBN: 1438415133 Category : Political Science Languages : en Pages : 312
Book Description
In this book, Shane O'Neill argues that the theory of justice must take seriously two dimensions of pluralism in the modern world. While it must acknowledge the plurality of individual conceptions of the good that is characteristic of every modern society, it must also reckon with the plurality of historically unique, culturally specific, political societies. O'Neill offers a distinctive perspective on an extremely significant current debate about universalism and particularism in political philosophy. Justice, he maintains, must be understood both in terms of an impartial point of view that respects differing conceptions of the good and in relation to the particular contexts in which disputes about norms and principles arise. Liberals, most notably John Rawls, have tended to privilege the former aspect of justice, while communitarians, especially Michael Walzer, have stressed the latter. O'Neill shows how Habermas's discourse ethics can overcome the limitations of these alternatives by providing theoretical tools that allow us to ground impartiality in particular contexts. This position is developed through an exploration of the complementary roles of moral and ethical discourses and an application of the theory to the political conflict in Northern Ireland. This careful and detailed philosophical argument offers a valuable critical introduction to a range of important topics, including the communitarian critique of liberalism, feminist perspectives on justice, the interpretive turn in political philosophy, the theory of communicative action, the dynamics of a discursive democracy, and the politics of recognition.
Author: Shane O'Neill Publisher: SUNY Press ISBN: 9780791433881 Category : Political Science Languages : en Pages : 308
Book Description
Assesses critically the work of Rawls, Walzer, and Habermas and presents a theory of justice that responds to two senses of pluralism.
Author: Richard A. Posner Publisher: Harvard University Press ISBN: 0674033833 Category : Law Languages : en Pages : 399
Book Description
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author: Emily Paddon Rhoads Publisher: Oxford University Press ISBN: 0198747241 Category : Political Science Languages : en Pages : 265
Book Description
United Nations peacekeeping constitutes the second largest military deployment around the world, and the organization's flagship enterprise. Once responsible simply for the job of observing frontiers and monitoring ceasefire agreements, UN missions are now frequently charged with the far more daunting task of 'robust' intervention- penalizing spoilers of peace and protecting civilians from peril. Taking Sides in Peacekeeping explores this transformationand its implications through the first comprehensive conceptual and empirical study of impartiality, a norm long considered to be the bedrock of UN peacekeeping. It reveals how a change in the dominantunderstanding of impartiality has politicized peacekeeping and, in some cases, effectively converted UN forces into one warring party among many. The book incorporates a large body of primary evidence and draws on extensive fieldwork in the Democratic Republic of the Congo, site of the biggest and costliest mission in UN history (1999-2015).
Author: M. Molefe Publisher: Rowman & Littlefield ISBN: 1498599443 Category : Philosophy Languages : en Pages : 181
Book Description
Partiality and Impartiality in African Philosophy fills the lacuna in African philosophy literature on the inherent tension between requirements of partiality (favoritism) and impartiality (equality). Motsamai Molefe deploys two strategies to philosophically resolve the tension between partiality and impartiality. The first strategy involves applying the moral theories of Kwasi Wiredu, Thaddeus Metz, and Kwame Gyekye to the problem. Finding their views useful in some ways and seriously limited in others, Molefe turns to the second strategy in which he invokes the salient normative concept of personhood in African cultures. Molefe argues that the concept of personhood adjoins theories of human dignity and moral perfection (virtue). The major insight that emerges is a robust ethical theory qua personhood that accommodates both partiality and impartiality. He grounds requirements of impartiality on human dignity, which operates largely as a macro-ethical concept that normatively informs the character of our social institutions (politics). Politics is characterized by fairness, equality, and impartiality. Partiality (the agent-and-other-centred forms of it) is directly connected with the agent’s chief moral duty to achieve her own virtue (moral perfection), which operates as a micro-ethical concept. These two kinds of moral partialism, self-favoritism and close ties such as family, are justified by appeal to the project's view, instead of the individuals-and-relationships view typically invoked to justify moral partiality in the literature.
Author: Maria Nicole Cleis Publisher: BRILL ISBN: 900434148X Category : Law Languages : en Pages : 304
Book Description
The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Author: D. D. Raphael Publisher: Clarendon Press ISBN: 0191526649 Category : Philosophy Languages : en Pages : 160
Book Description
D. D. Raphael provides a critical account of the moral philosophy of Adam Smith, presented in his first book, The Theory of Moral Sentiments. Whilst it does not have the same prominence in its field as his work on economics, The Wealth of Nations, Smith's writing on ethics is of continuing importance and interest today, especially for its theory of conscience. Smith sees the origin of conscience in the sympathetic and antipathetic feelings of spectators. As spectators of the actions of other people, we can imagine how we would feel in their situation. If we would share their motives, we approve of their action. If not, we disapprove. When we ourselves take an action, we know from experience what spectators would feel, approval or disapproval. That knowledge forms conscience, an imagined impartial spectator who tells us whether an action is right or wrong. In describing the content of moral judgement, Smith is much influenced by Stoic ethics, with an emphasis on self-command, but he voices criticism as well as praise. His own position is a combination of Stoic and Christian values. There is a substantial difference between the first five editions of the Moral Sentiments and the sixth. Failure to take account of this has led some commentators to mistaken views about the supposed youthful idealism of the Moral Sentiments as contrasted with the mature realism of The Wealth of Nations. A further source of error has been the supposition that Smith treats sympathy as the motive of moral action, as contrasted with the supposedly universal motive of self-interest in The Wealth of Nations.
Author: Virginia Held Publisher: Oxford University Press ISBN: 0195180992 Category : Family & Relationships Languages : en Pages : 222
Book Description
The author assesses the ethics of care as a promising alternative to the familiar moral theories that serve so inadequately to guide our lives. Held examines what we mean by care and focuses on caring relationships. She also looks at the potential of care for dealing with social issues and global problems.
Author: Deen K. Chatterjee Publisher: Springer Science & Business Media ISBN: 1402091591 Category : Electronic books Languages : en Pages : 1213
Book Description
This encyclopedia provides a premier reference guide for students, scholars, policy makers, and others interested in assessing the moral consequences of global interdependence and understanding the concepts and arguments that shed light on the myriad aspects of global justice.
Author: Shane O'Neill
Author: Shane O'Neill
Author: Shane O'Neill
Author: Omer Shapira
Author: Richard A. Posner
Author: Emily Paddon Rhoads
Author: M. Molefe
Author: Maria Nicole Cleis
Author: D. D. Raphael
Author: Virginia Held
Author: Deen K. Chatterjee