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Author: Robert Alexy
Publisher: Oxford University Press on Demand
ISBN: 9780199584215
Category : Law
Languages : en
Pages : 142
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Book Description
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
Author: Robert Alexy
Publisher: Oxford University Press on Demand
ISBN: 9780199584215
Category : Law
Languages : en
Pages : 142
Get Book Here
Book Description
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
Author: Jason Brennan
Publisher: Princeton University Press
ISBN: 0691211507
Category : Philosophy
Languages : en
Pages : 286
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Book Description
The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power
Author: Miranda Fricker
Publisher: Clarendon Press
ISBN: 0191519308
Category : Philosophy
Languages : en
Pages : 198
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Book Description
In this exploration of new territory between ethics and epistemology, Miranda Fricker argues that there is a distinctively epistemic type of injustice, in which someone is wronged specifically in their capacity as a knower. Justice is one of the oldest and most central themes in philosophy, but in order to reveal the ethical dimension of our epistemic practices the focus must shift to injustice. Fricker adjusts the philosophical lens so that we see through to the negative space that is epistemic injustice. The book explores two different types of epistemic injustice, each driven by a form of prejudice, and from this exploration comes a positive account of two corrective ethical-intellectual virtues. The characterization of these phenomena casts light on many issues, such as social power, prejudice, virtue, and the genealogy of knowledge, and it proposes a virtue epistemological account of testimony. In this ground-breaking book, the entanglements of reason and social power are traced in a new way, to reveal the different forms of epistemic injustice and their place in the broad pattern of social injustice.
Author: Mari Mikkola
Publisher: Oxford University Press
ISBN: 0190601086
Category : Computers
Languages : en
Pages : 297
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Book Description
The book offers a feminist examination of contemporary social injustices. It argues for a paradigm-shift away from feminist philosophy organized around the gender concept woman, and towards humanist feminism. The book further develops a notion of dehumanization that explicates social injustices, elucidates humanist feminism, and improves non-feminist analyses of injustice.
Author: Jill Stauffer
Publisher: Columbia University Press
ISBN: 0231538731
Category : Philosophy
Languages : en
Pages : 305
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Book Description
Ethical loneliness is the experience of being abandoned by humanity, compounded by the cruelty of wrongs not being acknowledged. It is the result of multiple lapses on the part of human beings and political institutions that, in failing to listen well to survivors, deny them redress by negating their testimony and thwarting their claims for justice. Jill Stauffer examines the root causes of ethical loneliness and how those in power revise history to serve their own ends rather than the needs of the abandoned. Out of this discussion, difficult truths about the desire and potential for political forgiveness, transitional justice, and political reconciliation emerge. Moving beyond a singular focus on truth commissions and legal trials, she considers more closely what is lost in the wake of oppression and violence, how selves and worlds are built and demolished, and who is responsible for re-creating lives after they are destroyed. Stauffer boldly argues that rebuilding worlds and just institutions after violence is a broad obligation and that those who care about justice must first confront their own assumptions about autonomy, liberty, and responsibility before an effective response to violence can take place. In building her claims, Stauffer draws on the work of Emmanuel Levinas, Jean Améry, Eve Sedgwick, and Friedrich Nietzsche, as well as concrete cases of justice and injustice across the world.
Author: Jeff Spinner-Halev
Publisher: Cambridge University Press
ISBN: 1107017513
Category : Law
Languages : en
Pages : 247
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Book Description
Argues that understanding the impact of past injustices faced by some peoples can help us understand and overcome injustice today.
Author: Michael E. Goodhart
Publisher: Oxford University Press
ISBN: 0190692421
Category : Law
Languages : en
Pages : 297
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Book Description
This book challenges the conventional approach to problems of injustice in global normative theory. It offers a radical alternative designed to transform our thinking about what kind of problem injustice is and to show how political theorists might do better in understanding and addressing it. Michael Goodhart argues that the dominant paradigm, ideal moral theory (IMT), takes a fundamentally wrong-headed approach to injustice. At the same time, leading alternatives to IMT struggle to make sense of the role values play in politics and abandon political theory's critical and prescriptive aspirations. Goodhart treats justice claims as ideological and develops an innovative bifocal theoretical framework for making sense of them. This framework reconciles realistic political analysis with substantive normative commitments, enabling theorists to come to grips with injustice as a political rather than a philosophical problem. The book describes the work that political theory and political theorists can do to combat injustice and illustrates its key arguments through a novel reconceptualization of responsibility for injustice.
Author: Tommie Shelby
Publisher: Harvard University Press
ISBN: 0674970500
Category : Philosophy
Languages : en
Pages : 353
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Book Description
Winner of the Spitz Prize, Conference for the Study of Political Thought Winner of the North American Society for Social Philosophy Book Award Why do American ghettos persist? Scholars and commentators often identify some factor—such as single motherhood, joblessness, or violent street crime—as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor as moral agents responding to injustice. “Provocative...[Shelby] doesn’t lay out a jobs program or a housing initiative. Indeed, as he freely admits, he offers ‘no new political strategies or policy proposals.’ What he aims to do instead is both more abstract and more radical: to challenge the assumption, common to liberals and conservatives alike, that ghettos are ‘problems’ best addressed with narrowly targeted government programs or civic interventions. For Shelby, ghettos are something more troubling and less tractable: symptoms of the ‘systemic injustice’ of the United States. They represent not aberrant dysfunction but the natural workings of a deeply unfair scheme. The only real solution, in this way of thinking, is the ‘fundamental reform of the basic structure of our society.’” —James Ryerson, New York Times Book Review
Author: Adam Benforado
Publisher: Crown
ISBN: 0770437761
Category : Law
Languages : en
Pages : 402
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Book Description
A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.
Author: Michelle Alexander
Publisher: The New Press
ISBN: 1620971941
Category : Law
Languages : en
Pages : 434
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Book Description
One of the New York Times’s Best Books of the 21st Century Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
