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Author: Christopher McMahon Publisher: Cambridge University Press ISBN: 1107177170 Category : History Languages : en Pages : 263
Book Description
This book presents a historically focused account of the concepts of 'reasonableness' and 'fairness', showing how they are subject to historical evolution.
Author: Christopher McMahon Publisher: Cambridge University Press ISBN: 1107177170 Category : History Languages : en Pages : 263
Book Description
This book presents a historically focused account of the concepts of 'reasonableness' and 'fairness', showing how they are subject to historical evolution.
Author: Christopher McMahon Publisher: Cambridge University Press ISBN: 1316828611 Category : Philosophy Languages : en Pages : 263
Book Description
We all know, or think we know, what it means to say that something is 'reasonable' or 'fair', but what exactly are these concepts and how have they evolved and changed over the course of history? In this book, Christopher McMahon explores reasonableness, fairness, and justice as central concepts of the morality of reciprocal concern. He argues that the basis of this morality evolves as history unfolds, so that forms of interaction that might have been morally acceptable in the past are judged unacceptable today. The first part of his study examines the notions of reasonableness and fairness as they are employed in ordinary practical thought, and the second part develops a constructivist theory to explain why and how this part of morality can undergo historical development without arriving at any final form. His book will interest scholars of ethics, political theory, and the history of ideas.
Author: Stephen T. Asma Publisher: University of Chicago Press ISBN: 0226029867 Category : Business & Economics Languages : en Pages : 220
Book Description
A polymath philosopher shares lighthearted examples of humanity's unspoken instinct toward favoritism to argue against zealous pursuits of fairness.
Author: João Dácio Rolim Publisher: Kluwer Law International ISBN: 9789041158383 Category : EU-skattepolitik Languages : en Pages : 0
Book Description
This in-depth coverage recognizes that tax law does not exist in isolation and reveals how tax law frequently overlaps with competition law, administrative law, environmental law, and constitutional law, and how principles from these areas of practice can affect the adjudication of tax cases. Proportionality and Fair Taxation is an important guide for all involved in tax law. Tax lawyers will find valuable insights that will help with both litigation and counselling whilst practitioners, academics, and policymakers will appreciate how the book reveals the extent to which an informed awareness of proportionality coupled with reasonableness is essential for the fair, consistent, and effective application of tax rules or measures. Order Proportionality and Fair Taxation by Joao Dacio Rolim for an in-depth discussion and practical guidance on the fundamental role of proportionality in tax matters
Author: Aaron James Publisher: OUP USA ISBN: 0199846154 Category : Business & Economics Languages : en Pages : 381
Book Description
In this book, the author argues that to achieve a fair global economy, there must be compensation of people harmed by their exposure to the global economy, but also equal division of the "gains of trade" across societies.
Author: Lee Anne Fennell Publisher: Edward Elgar Publishing ISBN: 9781781005293 Category : Cost effectiveness Languages : en Pages : 0
Book Description
Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.
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: Paul Voice Publisher: Open Court Publishing ISBN: 0812696808 Category : Philosophy Languages : en Pages : 220
Book Description
In this context Rawls challenges us to see the world through the lens of fairness. Injustice can only be effectively challenged if we can articulate, to ourselves and to others, both why a situation is unjust and how we might move towards justice. Political philosophy at its best offers both an answer to the why of injustice and the how of political and economic change. --
Author: Chris Willett Publisher: Ashgate Publishing, Ltd. ISBN: 9781840144925 Category : Law Languages : en Pages : 480
Book Description
Chris Willett provides a systematic analysis of good faith and fairness in consumer contracts. A controversial and topical issue, the book examines the complexity of 'fairness' as a legal and moral concept and its relationship with wider socio-economic policies such as European integration.
Author: Peter Benson Publisher: Harvard University Press ISBN: 0674237595 Category : Law Languages : en Pages : 625
Book Description
Legal 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.
Author: Christopher McMahon
Author: Christopher McMahon
Author: Christopher McMahon
Author: Stephen T. Asma
Author: João Dácio Rolim
Author: Aaron James
Author: Lee Anne Fennell
Author: Richard A. Posner
Author: Paul Voice
Author: Chris Willett
Author: Peter Benson