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Author: Ulrike Müßig
Publisher: BRILL
ISBN: 9004393722
Category : Law
Languages : en
Pages : 676
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Book Description
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Author: Ulrike Müßig
Publisher: BRILL
ISBN: 9004393722
Category : Law
Languages : en
Pages : 676
Get Book Here
Book Description
Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Reason and Fairness Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
Author: Stephen T. Asma
Publisher: University of Chicago Press
ISBN: 0226029867
Category : Business & Economics
Languages : en
Pages : 220
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Book Description
A polymath philosopher shares lighthearted examples of humanity's unspoken instinct toward favoritism to argue against zealous pursuits of fairness.
Author: Nicholas Rescher
Publisher: Transaction Publishers
ISBN: 9781412823296
Category : Philosophy
Languages : en
Pages : 156
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Book Description
In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. "[Fairness is] one of the most forceful conceptual analysis of fairness yet produced." -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction.
Author: Marcus Arvan
Publisher: Springer
ISBN: 1137541814
Category : Philosophy
Languages : en
Pages : 282
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Book Description
Rightness as Fairness provides a uniquely fruitful method of 'principled fair negotiation' for resolving applied moral and political issues that requires merging principled debate with real-world negotiation.
Author: John RAWLS
Publisher: Harvard University Press
ISBN: 0674042603
Category : Philosophy
Languages : en
Pages : 624
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Book Description
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author: Paul Voice
Publisher: Open Court Publishing
ISBN: 0812696808
Category : Philosophy
Languages : en
Pages : 220
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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: Robert S. Taylor
Publisher: Penn State Press
ISBN: 0271056711
Category : Philosophy
Languages : en
Pages : 362
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Book Description
Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.
Author: John Tomasi
Publisher: Princeton University Press
ISBN: 0691158142
Category : Business & Economics
Languages : en
Pages : 380
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Book Description
A provocative new vision of free market capitalism that achieves liberal ends by libertarian means Can libertarians care about social justice? In Free Market Fairness, John Tomasi argues that they can and should. Drawing simultaneously on moral insights from defenders of economic liberty such as F. A. Hayek and advocates of social justice such as John Rawls, Tomasi presents a new theory of liberal justice. This theory, free market fairness, is committed to both limited government and the material betterment of the poor. Unlike traditional libertarians, Tomasi argues that property rights are best defended not in terms of self-ownership or economic efficiency but as requirements of democratic legitimacy. At the same time, he encourages egalitarians concerned about social justice to listen more sympathetically to the claims ordinary citizens make about the importance of private economic liberty in their daily lives. In place of the familiar social democratic interpretations of social justice, Tomasi offers a "market democratic" conception of social justice: free market fairness. Tomasi argues that free market fairness, with its twin commitment to economic liberty and a fair distribution of goods and opportunities, is a morally superior account of liberal justice. Free market fairness is also a distinctively American ideal. It extends the notion, prominent in America's founding period, that protection of property and promotion of real opportunity are indivisible goals. Indeed, according to Tomasi, free market fairness is social justice, American style. Provocative and vigorously argued, Free Market Fairness offers a bold new way of thinking about politics, economics, and justice—one that will challenge readers on both the left and right.
Author: Ben Fenton
Publisher: Bloomsbury Publishing
ISBN: 1912914255
Category : Philosophy
Languages : en
Pages : 233
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Book Description
'Ben's book is an elegant and essential intervention in an era of enervating culture wars. It asks and answers nothing less than the most important question of our time: how can we recover the ability to talk to one another?' - Sathnam Sanghera, author of Empireland What does it mean to be fair? Why do we feel unfairness so strongly? What has happened to us today that we spend more time condemning each other's views than giving each other a fair hearing? The idea of fairness is one of the most commonly-expressed concepts, yet nobody ever stops to think what it really means. We all simply take the word 'fair' for granted. In this polemical guide to fairness, Ben Fenton explains the meaning of the word, how it fits into our genetic make-up and why we need our innate sense of fair play now more than ever. Fenton explores the idea that the unconscious procedure that humans go through in deciding fairness is the vital balancing act between competition and cooperation, the two driving forces that have made us the super-species of Planet Earth. He describes the neurology, anthropology, psychology, history and future of fairness and looks at how it affects our lives through politics, law, sex, religion, race, sport, business and even war. As a reporter of thirty years' experience, Fenton brings all his skills to bear in a lively and challenging description of the profound inner meaning of a throwaway phrase and why it matters so much to every single person in the world to seek To Be Fair. PART I – WHY SHOULD WE TRY TO BE FAIR? 1. Why You Should Read This Book 2. The Principles of Fairness 3. The Neurology and Psychology of Fairness 4. Fairness in History 5. Is Fairness a Creation of the English speaking World? (Spoiler alert: No) PART II – WHAT DOES FAIRNESS LOOK LIKE IN THE MODERN WORLD? 6. Fairness in Sport (and other forms of War) 7. Fairness in Business and Economics 8. Fairness in Law and Taxation 9. Fairness in Communication and Technology 10. Fairness in Politics and Government 11. Fairness in Human Relationships 12. Is Fair Play the Answer to the Ultimate Question?
Author: George Klosko
Publisher: Rowman & Littlefield Publishers
ISBN: 1461645328
Category : Philosophy
Languages : en
Pages : 233
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Book Description
In The Principle of Fairness and Political Obligation, George Klosko presents the first book-length treatment of political obligation grounded in the premises of liberal political theory. In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
