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Author: Guido Alpa Publisher: Kluwer Law International B.V. ISBN: 9403541466 Category : Law Languages : en Pages : 312
Book Description
The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.
Author: Guido Alpa Publisher: Kluwer Law International B.V. ISBN: 9403541466 Category : Law Languages : en Pages : 312
Book Description
The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.
Author: K. Bayertz Publisher: Springer Science & Business Media ISBN: 9401592454 Category : Philosophy Languages : en Pages : 368
Book Description
Solidarity as a phenomenon lies like an erratic block in the midst of the moral landscape of our age. Until now, the geologists familiar with this landscape - ethicists and moral theorists - have taken it for granted, have circumnavigated it! in any case, they have been incapable of moving it. In the present volume, scientists from diverse disciplines discuss and examine the concept of solidarity, its history, its scope and its limits.
Author: Andrea Biondi Publisher: Edward Elgar Publishing ISBN: 1783477784 Category : Law Languages : en Pages : 235
Book Description
The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.
Author: Catholic Church. Pontificium Consilium de Iustitia et Pace Publisher: Veritas Co. Ltd. ISBN: 1853908398 Category : Christian sociology Languages : en Pages : 13
Author: Kristi A. Olson Publisher: Oxford University Press ISBN: 0190907479 Category : Philosophy Languages : en Pages : 288
Book Description
Kristi A. Olson asks: What is a fair income distribution? She rejects equal income shares: equal pay undercompensates workers in dangerous and onerous jobs. The envy test, which takes both income and work into account, fares better. Yet, a distribution in which no one prefers someone else's circumstances to her own-as the envy test requires-is unlikely to exist, and even when it does exist, the normative connection between envy and fairness has not been established. After critiquing existing answers, Olson invokes the idea of mutual justifiability: when someone claims that her situation should be improved at someone else's expense, she must be able to give a reason that cannot be reasonably rejected by a free and equal individual who regards everyone else as the same. To give the answer bite, Olson distinguishes two types of envy. Reasons based on personal envy can be reasonably rejected; reasons based on impersonal envy cannot. Olson then tests the solidarity solution against the theories of Ronald Dworkin, Philippe Van Parijs, and Marc Fleurbaey and applies it directly to the concrete issues of the gender wage gap and taxation. By providing a new approach to problems of fair resource allocation, The Solidarity Solution establishes philosophical discussion as critical to today's fight to end economic injustice.
Author: Andrew Mason Publisher: Cambridge University Press ISBN: 9780521637282 Category : Philosophy Languages : en Pages : 258
Book Description
Despite the frequency with which the term 'community' is used, it is hard to find any comprehensive exploration of the nature and value of community. This book tries to remedy this omission whilst taking seriously the idea that community can be of different kinds and can exist at different levels, and that these levels and kinds may come into conflict with one another. It focuses on the question of what kind of community is valuable at the level of the state. It then explores the limits that ideals of political community place upon cultural diversity within the state, and the limits that, in turn, ideals of global community place upon the self-determination of political communities. This book will be of interest to students of political theory, philosophy and international relations.
Author: Avery Kolers Publisher: Oxford University Press ISBN: 0198769784 Category : Philosophy Languages : en Pages : 211
Book Description
Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. Unlike mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate. Kolers defends deference to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person, ' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest.
Author: Cecilia M. Bailliet Publisher: Edward Elgar Publishing ISBN: 180392375X Category : Law Languages : en Pages : 473
Book Description
This comprehensive and insightful Research Handbook addresses the interpretation of international solidarity within topical legal regimes and regional systems, as well as in relation to decolonization and the concepts of Ummah and Ubuntu. It examines the way in which international solidarity enables the global community to respond to intercontinental challenges, including climate change, forced migration, health emergencies, and inequality.
Author: G.J. Agich Publisher: Springer Science & Business Media ISBN: 9400978316 Category : Philosophy Languages : en Pages : 294
Book Description
Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.
Author: Guido Alpa
Author: Guido Alpa
Author: K. Bayertz
Author: Andrea Biondi
Author: Catholic Church. Pontificium Consilium de Iustitia et Pace
Author: Ruud ter Meulen
Author: Kristi A. Olson
Author: Andrew Mason
Author: Avery Kolers
Author: Cecilia M. Bailliet
Author: G.J. Agich