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Author: Terry Carney Publisher: Federation Press ISBN: 9781862873667 Category : Law Languages : en Pages : 180
Book Description
Contractualism and Citizenship is a special issue (Volume 18 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Author: Terry Carney Publisher: Federation Press ISBN: 9781862873667 Category : Law Languages : en Pages : 180
Book Description
Contractualism and Citizenship is a special issue (Volume 18 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.
Author: Nicholas Southwood Publisher: Oxford University Press ISBN: 0199539650 Category : Philosophy Languages : en Pages : 221
Book Description
Proposes a new model of contractualism based on an interpersonal, deliberative conception of practical reason which answers the twin demands of moral accuracy and explanatory adequacy.
Author: Rune Ervik Publisher: Routledge ISBN: 1317088603 Category : Political Science Languages : en Pages : 231
Book Description
The ’Golden Age' of the welfare state in Europe was characterised by a strengthening of social rights as citizens became increasingly protected through the collective provision of income security and social services. The oil crisis, inflation and high unemployment of the 1970s largely saw the end of welfare expansion with critical voices claiming the welfare state had created an unbalanced focus on the social rights of individuals, above their responsibilities as citizens. During the 1980s many western countries developed contractual modes of thinking and regulation within welfare policy. Contractualism has proved a significant organising principle for public reforms in general, and for social policy reforms in particular as it embraces both a way of justifying certain welfare policies and of constructing specific socio-legal policy instruments. Engaging with both the critique of the welfare state and the subsequent policy responses, expert contributors in this book examine contractualism as a discourse, comprising principles and justifying ideas, and as a legal and social practice. Covering the international debate on conditionality they discuss European experiences with active social citizenship ideas and contractualism providing individual case studies and comparisons from a wide range of European countries.
Author: Nicholas Southwood Publisher: OUP Oxford ISBN: 0191009997 Category : Philosophy Languages : en Pages : 221
Book Description
Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. In this book Nicholas Southwood argues otherwise. Beginning by detailing and diagnosing the shortcomings of the existing "Hobbesian" and "Kantian" models of contractualism, he then proposes a novel "deliberative" model, based on an interpersonal, deliberative conception of practical reason. He argues that the deliberative model of contractualism represents an attractive alternative to its more familiar rivals and that it has the resources to offer a more compelling account of morality's foundations, one that does justice to the twin demands of moral accuracy and explanatory adequacy.
Author: Yitzhak Benbaji Publisher: ISBN: 0199577196 Category : Law Languages : en Pages : 230
Book Description
War by Agreement presents a new theory on the ethics of war. It shows that wars can be morally justified at both the ad bellum level (the political decision to go to war) and the in bello level (its actual conduct by the military)by accepting a contractarian account of the rules governing war. According to this account, the rules of war are anchored in a mutually beneficial and fair agreement between the relevant players - the purpose of which is to promote peace and to reduce the horrors of war. The book relies on the long social contract tradition and illustrates its fruitfulness in understanding and developing the morality and the law of war.
Author: Austin Sarat Publisher: Stanford University Press ISBN: 0804782113 Category : Law Languages : en Pages : 257
Book Description
Law depends on various modes of classification. How an act or a person is classified may be crucial in determining the rights obtained, the procedures employed, and what understandings get attached to the act or person. Critiques of law often reveal how arbitrary its classificatory acts are, but no one doubts their power and consequence. This crucial new book considers the problem of law's physical control of persons and the ways in which this control illuminates competing visions of the law: as both a tool of regulation and an instrument of coercion or punishment. It examines various instances of punishment and regulation to illustrate points of overlap and difference between them, and captures the lived experience of the state's enterprise of subjecting human conduct to the governance of rules. Ultimately, the essays call into question the adequacy of a view of punishment and/or regulation that neglects the perspectives of those who are at the receiving end of these exercises of state power.
Author: Rune Ervik Publisher: Routledge ISBN: 131708859X Category : Political Science Languages : en Pages : 212
Book Description
The ’Golden Age' of the welfare state in Europe was characterised by a strengthening of social rights as citizens became increasingly protected through the collective provision of income security and social services. The oil crisis, inflation and high unemployment of the 1970s largely saw the end of welfare expansion with critical voices claiming the welfare state had created an unbalanced focus on the social rights of individuals, above their responsibilities as citizens. During the 1980s many western countries developed contractual modes of thinking and regulation within welfare policy. Contractualism has proved a significant organising principle for public reforms in general, and for social policy reforms in particular as it embraces both a way of justifying certain welfare policies and of constructing specific socio-legal policy instruments. Engaging with both the critique of the welfare state and the subsequent policy responses, expert contributors in this book examine contractualism as a discourse, comprising principles and justifying ideas, and as a legal and social practice. Covering the international debate on conditionality they discuss European experiences with active social citizenship ideas and contractualism providing individual case studies and comparisons from a wide range of European countries.
Author: A. Scerri Publisher: Springer ISBN: 1137010312 Category : Science Languages : en Pages : 252
Book Description
The greening of citizenship, the state and ideology has created both opportunities and bottlenecks for progressive political movements. Scerri argues that these are pursuing justice by making holistic demands for: fair distribution and status recognition, adequate representation and effective participation.
Author: Bruce A. Arrigo Publisher: Oxford University Press ISBN: 0195372212 Category : Law Languages : en Pages : 317
Book Description
In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based.The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice."It has become clear that there is no criminological exit from embrace of degrading punishments and practices to which our increasingly distorted risk perception commits us. Instead, the path forward must run through a return to the ethical and psychological roots of security and justice. The Ethics of Total Confinement is a quantum step forward in defining and advancing that path."--Jonathan Simon , Adrian A. Kragen Professor of Law, Jurisprudence and Social Policy Program, UC Berkeley School of Law"This book boldly calls for a total transformation in the way the law deals with people who are confined because of their perceived depravity or dangerousness. It focuses on three outcast groups--juveniles tried as adults, people with mental illness subjected to hospitalization, and sex offenders committed as dangerous--and, based on an innovative analysis of the relevant caselaw and empirics, shows why current practices not only visit substantial harm on these people but also brutalize those who deprive them of liberty and damage the rest of us by feeding our basest, most uninformed fears. Relying on Aristotelian philosophy, therapeutic and restorative principles, and commonsense justice, the book persuasively argues that we must reorient the training and thinking of all major players in the system if our goal is to promote the maximum amount of human flourishing."--Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School"The Ethics of Total Confinement: A Critique of Madness, Citizenship, and Social Justice deepens our understanding of how our legal system justifies its treatment of those it confines. By bridging gaps among relevant disciplines, the book clarifies to an interdisciplinary audience just how inadequate those justifications turn out to be when measured by psychological, ethical, or justice-based standards. The book's provocative conclusions and recommendations offer much food for thought and suggest potential directions for action."--Dennis Fox, Emeritus Associate Professor of Legal Studies and Psychology, University of Illinois at Springfield"The Ethics of Total Confinement shows how captivity diminishes the keepers and the kept. It is a book that synthesises in creative new ways reformist visions of justice, virtue and the cultivation of habits of character. This is profound work that opens new paths to dignity, healing and social justice."--John Braithwaite, Australian Research Council Federation Fellow, Australian National University"The Ethics of Total Confinement offers a useful and wide-ranging perspective grounded in psychological jurisprudence. With its emphasis on the harm done to those most vulnerable to extremes of risk-management, this volume makes a welcome addition to the literature on confinement."--Lorna Rhodes, Professor, Department of Anthropology, University of Washington"The provocative thesis of this book develops psychological jurisprudence to conceptualize the ethics of existing total confinement practices, aspiring to greater justice and human flourishing for all. A timely intervention of this kind is most welcome."--George Pavlich, Associate Vice-President (Research), Professor of Law and Sociology, University of Alberta
Author: Terry Carney
Author: Terry Carney
Author: Nicholas Southwood
Author: Rune Ervik
Author: Nicholas Southwood
Author: Yitzhak Benbaji
Author: Austin Sarat
Author: Rune Ervik
Author: A. Scerri
Author: Jonas-Sébastien Beaudry
Author: Bruce A. Arrigo