Equality, Responsibility, and the Law PDF Download
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Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 9780521003070
Category : Law
Languages : en
Pages : 324
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Book Description
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Author: Arthur Ripstein
Publisher: Cambridge University Press
ISBN: 9780521003070
Category : Law
Languages : en
Pages : 324
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Book Description
Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Author: Christopher Lake
Publisher: OUP Oxford
ISBN: 0191529214
Category : Political Science
Languages : en
Pages : 192
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Book Description
Arguments about distributive justice often take place around two ideas. One is that good should be distributed equally. The other is that how people fare in life should depend on what they are responsible for. The author asks what draws us to these two ideas and examines recent attempts by egalitarian thinkers to bring them together in a single distributive ideal. Underlying this ideal is the egalitarian intuition - the intuition that it is objectionable for some to be worse off than others through no fault of their own. in a wide-ranging discussion, Lake tests that intuition from a variety of perspectives and points to the gaps in our current thinking about quality and individual responsibility.
Author: Avia Pasternak
Publisher: Oxford University Press
ISBN: 0197541054
Category : Philosophy
Languages : en
Pages :
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Book Description
States are often held responsible for their wrongdoings. States pay compensation for their unjust wars, as did Iraq in the aftermath of its invasion of Kuwait. States pay reparations for their historical wrongdoings, as did Chile to the victims of the Pinochet Regime, or Germany to Israel and other countries because of the Holocaust. Some argue that they should pay punitive damages for their international crimes as well. But state responsibility has a troubling feature: states are corporate agents, comprising flesh and blood citizens. When they turn to the public purse to finance their corporate liabilities, it is their citizens who pay the price. Even citizens who protested against their state's policies, did not know about them, or had no influence on policy makers end up sharing the burden. Why should these citizens pay for their state's wrongdoings, if they don't carry the blame? Responsible Citizens, Irresponsible States develops a fresh justification for citizens' duties to share the burden of their state's wrongdoings. This justification revolves around citizens' participation in their state: drawing on recent debates in the philosophy of collective action, Avia Pasternak shows that citizens are acting together in their state and that their state policies are the product of this collective action. Given this participation, citizens ought to share the burden of remedying harmful wrongs their state policies bring about. However, she also argues that not all citizens in all states are participating in their state. In many authoritarian states, citizens' participation in the state is highly restricted or coerced. Here, ordinary citizens do not share responsibility for their state policies and should not be forced to pay for them. These conclusions carry significant real-world implications for the way domestic international law holds various types of states, and their citizens, responsible for their wrongdoings. This work is essential for political theorists and philosophers grappling with citizen responsibility and duty.
Author: Tony Foley
Publisher: Routledge
ISBN: 1317151844
Category : Law
Languages : en
Pages : 262
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Book Description
What are the requirements for a just response to criminal wrongdoing? Drawing on comparative and empirical analysis of existing models of global practice, this book offers an approach aimed at restricting the current limitations of criminal justice process and addressing the current deficiencies. Putting restoration squarely alongside other aims of justice responses, the author argues that only when restorative questions are taken into account can institutional responses be truly said to be just. Using the three primary jurisdictions of Australia, New Zealand and Canada, the book presents the leading examples of restorative justice practices incorporated in mainstream criminal justice systems from around the world. In conclusion, the work provides a fresh insight into how today’s criminal law might develop in order to bring restoration directly into the mix for tomorrow. This book will be of interest to undergraduates, postgraduate researchers and lecturers, as well as lawyers who work in the field of criminal law, criminologists, social scientists and philosophers interested in ideas of wrongdoing and criminal justice responses to criminal offending.
Author: Larry May
Publisher: Rowman & Littlefield Publishers
ISBN: 0742574024
Category : Political Science
Languages : en
Pages : 301
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Book Description
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors:
Author: Jeff McMahan
Publisher: OUP Oxford
ISBN: 0191563463
Category : Philosophy
Languages : en
Pages : 264
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Book Description
Killing a person is in general among the most seriously wrongful forms of action, yet most of us accept that it can be permissible to kill people on a large scale in war. Does morality become more permissive in a state of war? Jeff McMahan argues that conditions in war make no difference to what morality permits and the justifications for killing people are the same in war as they are in other contexts, such as individual self-defence. This view is radically at odds with the traditional theory of the just war and has implications that challenge common sense views. McMahan argues, for example, that it is wrong to fight in a war that is unjust because it lacks a just cause.
Author: Judith A. Baer
Publisher: Cornell University Press
ISBN: 1501722743
Category : Law
Languages : en
Pages : 309
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Book Description
No detailed description available for "Equality under the Constitution".
Author: Jules Coleman
Publisher: OUP Oxford
ISBN: 9780199270972
Category : Law
Languages : en
Pages : 1072
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Book Description
The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Author: David Miller
Publisher: Oxford University Press
ISBN: 0199235058
Category : Law
Languages : en
Pages : 307
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Book Description
Steering a middle course between cosmopolitanism and a narrow nationalism, the book develops an original theory of global justice that also addresses controversial topics such as immigration and reparations for historic wrongdoing.
Author: Eric Beerbohm
Publisher: Princeton University Press
ISBN: 0691168156
Category : Philosophy
Languages : en
Pages : 366
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Book Description
When a government in a democracy acts in our name, are we, as citizens, responsible for those acts? What if the government commits a moral crime? The protestor's slogan--"Not in our name!"--testifies to the need to separate ourselves from the wrongs of our leaders. Yet the idea that individual citizens might bear a special responsibility for political wrongdoing is deeply puzzling for ordinary morality and leading theories of democracy. In Our Name explains how citizens may be morally exposed to the failures of their representatives and state institutions, and how complicity is the professional hazard of democratic citizenship. Confronting the ethical challenges that citizens are faced with in a self-governing democracy, Eric Beerbohm proposes institutional remedies for dealing with them. Beerbohm questions prevailing theories of democracy for failing to account for our dual position as both citizens and subjects. Showing that the obligation to participate in the democratic process is even greater when we risk serving as accomplices to wrongdoing, Beerbohm argues for a distinctive division of labor between citizens and their representatives that charges lawmakers with the responsibility of incorporating their constituents' moral principles into their reasoning about policy. Grappling with the practical issues of democratic decision making, In Our Name engages with political science, law, and psychology to envision mechanisms for citizens seeking to avoid democratic complicity.
