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Author: Regina Schouten Publisher: Oxford University Press ISBN: 0198898665 Category : Philosophy Languages : en Pages : 241
Book Description
The Anatomy of Justice argues for a reorientation in liberal egalitarian theorizing about justice. Gina Schouten argues that the orientation she proposes supports compelling resolutions to longstanding disputes and difficulties internal to egalitarianism, as well as compelling defenses of liberalism against feminist and egalitarian critics. On the orthodox approach, a theory of liberal egalitarian justice comprises a set of normative principles to guide the design and workings of social institutions. Schouten argues that we should instead think of theory's most important product as evaluative discernment. Theorizing should aim to discern with as much precision as possible the achievements, or values, by realization of which a society can be more rather than less just. Schouten offers a weighted specification of the values of justice, which she calls “the anatomy of justice,” and she makes the case for the anatomy by letting it flex its muscles. First, the anatomy of justice resolves difficulties internal to liberal egalitarianism, in part by deflating longstanding debates, like the debate about whether equality is fundamentally a distributive or a relational value. Second, the anatomy provides systematic and plausible guidance for addressing injustice. By precisifying the values of justice, the anatomy supports a unified liberal egalitarianism that could be developed to describe the ideally just society, but that also, and more importantly, provides guidance for improving an unjust society. That's because the very same values that are optimally realized in a just society also provide guidance in circumstances of profound injustice, even if the normative principles those values underpin differ across circumstances. Because the anatomy offers a modular framework for theorizing justice across (just and) unjust circumstances, it is more broadly and concretely helpful than normative theory is often thought to be. Finally, the anatomy underpins compelling defences against criticisms of liberalism from the left. The book aims to demonstrate that feminist liberal egalitarianism is viable and valuable for progressive politics. To make the case, Schouten shows that the anatomy of justice serves as a possibility proof for what liberal egalitarianism can do. She assembles the fundamental, definitive commitments of liberal egalitarianism in a novel way to reveal liberalism's radical potential.
Author: Regina Schouten Publisher: Oxford University Press ISBN: 0198898665 Category : Philosophy Languages : en Pages : 241
Book Description
The Anatomy of Justice argues for a reorientation in liberal egalitarian theorizing about justice. Gina Schouten argues that the orientation she proposes supports compelling resolutions to longstanding disputes and difficulties internal to egalitarianism, as well as compelling defenses of liberalism against feminist and egalitarian critics. On the orthodox approach, a theory of liberal egalitarian justice comprises a set of normative principles to guide the design and workings of social institutions. Schouten argues that we should instead think of theory's most important product as evaluative discernment. Theorizing should aim to discern with as much precision as possible the achievements, or values, by realization of which a society can be more rather than less just. Schouten offers a weighted specification of the values of justice, which she calls “the anatomy of justice,” and she makes the case for the anatomy by letting it flex its muscles. First, the anatomy of justice resolves difficulties internal to liberal egalitarianism, in part by deflating longstanding debates, like the debate about whether equality is fundamentally a distributive or a relational value. Second, the anatomy provides systematic and plausible guidance for addressing injustice. By precisifying the values of justice, the anatomy supports a unified liberal egalitarianism that could be developed to describe the ideally just society, but that also, and more importantly, provides guidance for improving an unjust society. That's because the very same values that are optimally realized in a just society also provide guidance in circumstances of profound injustice, even if the normative principles those values underpin differ across circumstances. Because the anatomy offers a modular framework for theorizing justice across (just and) unjust circumstances, it is more broadly and concretely helpful than normative theory is often thought to be. Finally, the anatomy underpins compelling defences against criticisms of liberalism from the left. The book aims to demonstrate that feminist liberal egalitarianism is viable and valuable for progressive politics. To make the case, Schouten shows that the anatomy of justice serves as a possibility proof for what liberal egalitarianism can do. She assembles the fundamental, definitive commitments of liberal egalitarianism in a novel way to reveal liberalism's radical potential.
Author: Joanna Bell Publisher: Bloomsbury Publishing ISBN: 150992535X Category : Law Languages : en Pages : 256
Book Description
This book seeks to further our understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to improve understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures at play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse, namely: - administrative law doctrine interacts with a broad array of legislative frameworks; - administrative law adjudication seeks to accommodate a variety of legal values; and, - administrative law is concerned with legal relationships of different kinds. The second aim is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle? The overarching message of the book is one of cynicism. The complexity and variety of administrative law's legal structures probably means that attempts to explain the field 'monistically', while they may capture important themes, will be unhelpfully reductionist. Ambitious and thought-provoking, this is an important new statement on administrative law.
Author: Peter Cane Publisher: Bloomsbury Publishing ISBN: 1847316735 Category : Law Languages : en Pages : 334
Book Description
Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.
Author: Reinier H. Kraakman Publisher: Oxford University Press, USA ISBN: 9780199260645 Category : Business & Economics Languages : en Pages : 250
Book Description
This overview starts from the premise that corporate law across jurisdictions addresses the same three basic agency problems - the opportunism of: managers vis-a-vis shareholders; controlling shareholders vis-a-vis minority shareholders; and shareholdersvis-a-vis other corporate constituencies.
Author: William J Aceves Publisher: BRILL ISBN: 9047431235 Category : Law Languages : en Pages : 817
Book Description
In recent years, victims of human rights abuses have filed civil lawsuits in U.S. courts. This litigation provides victims a voice and promotes accountability for violations of international law. This is the story of Filartiga v. Pena-Irala, one of the most significant examples of human rights litigation in the U.S., presented as a documentary history – an approach to legal scholarship that has become increasingly popular in recent years. Unlike traditional casebooks, this book emphasizes the dynamic nature of law. The pleadings and documents appear with minimal editing and are supplemented through commentary by various litigation participants. Published under the Transnational Publishers imprint.
Author: Mahmood bin Muhammad Publisher: APH Publishing ISBN: 9788176486828 Category : Social conflict Languages : en Pages : 168
Book Description
The Book Is About Terrorism As A Theme And The Myths Surrending It With Particular Reference To September 11, 2001. The Author Opens That Terrorism Has Nothing To Do With Religion And Is Due To Psychosocial Factors. The Book Has 18 Small Chapters.
Author: Brian Wright Publisher: American University in Cairo Press ISBN: 1649032633 Category : History Languages : en Pages : 132
Book Description
A challenge to the “end of the shari‘a” thesis in Islamic legal historiography In the second half of the nineteenth century, states across the Muslim World developed new criminal codes and reshaped their legal landscapes, laying the foundations of the systems that continue to inform the application of justice today. Influenced by colonialism and the rise of the modern state’s desire to control its populations, many have seen the introduction of these codes as a pivotal shift and divergence from the shariʼa, the dominant paradigm in premodern Muslim jurisdictions. In A Continuity of Shari‘a, Brian Wright challenges this view, comparing among the Egyptian, Ottoman, and Indian contexts. By examining the environment in which the new codes were created, highlighting the work of local scholars and legal actors, and examining the content of the codes themselves, Wright argues that the criminal systems of the late nineteenth century have more connections to their past than is previously understood. Colonial influence was adapted to local circumstances and synthesized with premodern understandings in an eclectic legal environment to create solutions to local problems while maintaining a continuity with the shari’a. This book will be of interest to scholars and students of Islamic Studies, Islamic Law, and Islamic Legal History.
Author: R.D. Gallie Publisher: Springer Science & Business Media ISBN: 9401590206 Category : Philosophy Languages : en Pages : 213
Book Description
I: BIOGRAPHICAL SKETCH OF REID Thomas Reid (1710-96) was born at Strachan in Kincardineshire, Scotland, not far from Aberdeen. Reid was fortunate in his family connections. For instance his mother's brother was David Gregory, Savilian professor of Astronomy at Oxford and close friend of Sir Isaac Newton. Reid entered Marischal College, Aberdeen, at the age of twelve after the usual spell in Aberdeen Grammar School. After a short period as college librarian he married his cousin Margaret Gregory, having gained the position of (Presbyterian) minister at New Machar, in the gift of King's College, Aberdeen, which he held from 1737 till 1752. Although Reid published only one paper, An Essay on Quantity, in this period he was far from intellectually idle; for one thing he familiarised himself with the works of Bishop Butler, especially The Analogy of Religion, which, together with those of Samuel Clarke and Isaac Newton, were to have a profound influence on his mature philosophy. In 1752 Reid was appointed a regent at King's College, Aberdeen. During his regency he not only founded a crucially important discussion group, 'The Wise Club', and familiarised himself with David Hume's A Treatise of Human Nature both through his own reading and by exhaustive discussion of it within the group; he also wrote extensively. He composed and delivered his seminal Latin Philosophical Orations.
Author: Raymond Bonner Publisher: Vintage ISBN: 0307948544 Category : True Crime Languages : en Pages : 338
Book Description
From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.
Author: Regina Schouten
Author: Regina Schouten
Author: Adolph Julius Rodenbeck
Author: Joanna Bell
Author: Peter Cane
Author: Reinier H. Kraakman
Author: William J Aceves
Author: Mahmood bin Muhammad
Author: Brian Wright
Author: R.D. Gallie
Author: Raymond Bonner