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Author: William E. O’Brian Jr.
Publisher: Routledge
ISBN: 1000071618
Category : Business & Economics
Languages : en
Pages : 342
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Book Description
This book presents a distinctive version of a contractarian approach to law and justice. The work argues that law and justice are social norms that arise from a process of social evolution, and are binding only if and to the extent that they are mutually beneficial. It explicitly rejects accounts of law and justice that are based on morality, on the basis that morality itself is only legitimately founded on mutual advantage. But it also rejects most existing versions of contractarianism, which are based on ideas of hypothetical agreements by rational contractors, in favour of an approach that is based on actually existing social norms, but advocates critically examining these norms and discarding those that are not truly mutually beneficial. The first half of the book develops the approach, while the second half explores some of its implications for law. It argues for a left-libertarian approach to property, an approach largely based on the common law of tort, contract and criminal law, and a rejection of most statutory law, which is based not on mutual advantage but rather on benefiting some at the expense of others. However, it ultimately recognises that there are those who want a more extensive state than this approach allows, and advocates a strong form of federalism to allow this, provided robust exit rights are provided. The book combines political philosophy, economics and law into an approach that is broadly libertarian but distinctive in many respects. It will be of interest to scholars in all three of those disciplines.
Author: William E. O’Brian Jr.
Publisher: Routledge
ISBN: 1000071618
Category : Business & Economics
Languages : en
Pages : 342
Get Book Here
Book Description
This book presents a distinctive version of a contractarian approach to law and justice. The work argues that law and justice are social norms that arise from a process of social evolution, and are binding only if and to the extent that they are mutually beneficial. It explicitly rejects accounts of law and justice that are based on morality, on the basis that morality itself is only legitimately founded on mutual advantage. But it also rejects most existing versions of contractarianism, which are based on ideas of hypothetical agreements by rational contractors, in favour of an approach that is based on actually existing social norms, but advocates critically examining these norms and discarding those that are not truly mutually beneficial. The first half of the book develops the approach, while the second half explores some of its implications for law. It argues for a left-libertarian approach to property, an approach largely based on the common law of tort, contract and criminal law, and a rejection of most statutory law, which is based not on mutual advantage but rather on benefiting some at the expense of others. However, it ultimately recognises that there are those who want a more extensive state than this approach allows, and advocates a strong form of federalism to allow this, provided robust exit rights are provided. The book combines political philosophy, economics and law into an approach that is broadly libertarian but distinctive in many respects. It will be of interest to scholars in all three of those disciplines.
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: Lawrence E Mitchell
Publisher: Routledge
ISBN: 1000308316
Category : Law
Languages : en
Pages : 488
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Book Description
Reflecting recent re-examinations of the nature and purpose of the modern publicly held corporation, Progressive Corporate Law introduces the reader to alternative perspectives within the field. The contributors to this volume are loosely bound both by their rejection of the prevailing paradigm of the corporation as a public good designed exclusively for the maximization of private profit and by their affirmative goal of designing corporate laws that accord better with the corporation's political and social realities. The resulting series of visions emphasizes communitarian themes of efficiency and morality of responsibility, altruism, and unity within the corporate form as well as between the corporation and the broader society. Progressive Corporate Law is important reading for business executives, lawyers, policymakers, and others who are concerned with the role of corporations in modem life. Designed to act as a springboard for stimulating discussion, it will be a valuable supplement to courses and seminars in corporate law and business ethics.
Author: Malcolm Murray
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773551824
Category : Philosophy
Languages : en
Pages : 411
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Book Description
How are we meant to behave? And how are we to defend whatever answer we give? Morals and Consent grounds our notion of morality in natural evolution, and from that basis, Malcolm Murray shows why contractarianism is a far more viable moral theory than is widely believed. The scope of Morals and Consent has two main parts: theory and application. In his discussion of theory, Murray defends contractarianism by appealing to evolutionary game theory and metaethical analyses. His main argument is that we are not going to find morality as an objective fact in the world, and that instead, we can understand morality as a reciprocal cooperative trait. From this minimal moral architecture, Murray derives his innovative consent principle. The application of the theory, detailing what contractarians can – or ought to – say about moral matters, takes up the greater portion of the work. Murray offers a trenchant examination of what moral constraints we can claim concerning death (abortion, euthanasia, and capital punishment), sex (pornography, prostitution, and sexual assault), beneficence (toward present and future people, animals, and the environment), and liberty (genetic enhancement, organ sales, and torture). By focusing on evolutionary contractarianism and the epistemic justification of our moral claims – or lack thereof – Malcolm Murray’s Morals and Consent is a serious advance in the field of applied ethics and fills an important void.
Author: Jan Narveson
Publisher: Broadview Press
ISBN: 9781551114217
Category : Political Science
Languages : en
Pages : 392
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Book Description
Libertarianism is both a philosophy and a political view. The key concepts defining Libertarianism are: Individual Rights as inherent to human beings, not granted by government; a Spontaneous Order through which people conduct their daily interactions and through which society is organized independent of central (government) direction; the Rule of Law which dictates that everyone is free to do as they please so long as they do not infringe upon the rights of others; a Divided and Limited Government, checked by written constitution; Free Markets in which price and exchange is agreed upon mutually by individuals; Virtue of Production whereby the productive labour of the individual and any translation of that labour into earnings belongs, by right, to the individual who should not have to sacrifice those earnings to taxes; and Peace which has, throughout history, most commonly been disrupted by the interests of the ruling class or centralized government.
Author: Deen K. Chatterjee
Publisher:
ISBN: 9781784027018
Category : Electronic books
Languages : en
Pages :
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Book Description
The Encyclopedia is an international, interdisciplinary, and collaborative project, spanning all the relevant areas of scholarship related to issues of global justice, and edited and advised by leading scholars from around the world. The wide-ranging entries present the latest ideas on this complex subject by authors who are at the cutting edge of inquiry.
Author: J.G. Murphy
Publisher: Springer Science & Business Media
ISBN: 9400994613
Category : Philosophy
Languages : en
Pages : 336
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Book Description
One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of
Author: Katrina Forrester
Publisher: Princeton University Press
ISBN: 0691216754
Category : Philosophy
Languages : en
Pages : 427
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Book Description
"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--
Author: Amartya Sen
Publisher: Harvard University Press
ISBN: 0674060474
Category : Business & Economics
Languages : en
Pages : 497
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Book Description
Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
Author: Livingston Armytage
Publisher: Cambridge University Press
ISBN: 1107013828
Category : Law
Languages : en
Pages : 383
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Book Description
Livingston Armytage explores how justice reform can be made more effective.
