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A Theory of Fairness and Social Welfare
by Marc Fleurbaey François ManiquetThe definition and measurement of social welfare have been a vexed issue for the past century. This book makes a constructive, easily applicable proposal and suggests how to evaluate the economic situation of a society in a way that gives priority to the worse-off and that respects each individual's preferences over his or her own consumption, work, leisure, and so on. This approach resonates with the current concern to go "beyond the GDP" in the measurement of social progress. Compared to technical studies in welfare economics, this book emphasizes constructive results rather than paradoxes and impossibilities, and shows how one can start from basic principles of efficiency and fairness and end up with concrete evaluations of policies. Compared to more philosophical treatments of social justice, this book is more precise about the definition of social welfare and reaches conclusions about concrete policies and institutions only after a rigorous derivation from clearly stated principles.
A Theory of Intergenerational Justice
by Joerg Chet TremmelThe appeal to 'our obligations to future generations' is one of the most forceful, emotional and effective arguments available to politicians and citizens and is the cornerstone of all modern policies aimed at sustainable development. Yet, the exact nature and extent of these obligations are unclear - who owes what to whom, exactly, and why? This highly accessible book provides an extensive and comprehensive overview of current research and theory about why and how we should protect future generations. It exposes how and why the interests of people today and those of future generations are often in conflict and what can be done. It rebuts critical concepts such as Parfits' 'non-identity' paradox and Beckerman's denial of any possibility of intergenerational justice. The core of the book is the lucid application of a 'veil of ignorance' to derive principles of intergenerational justice which show that our duties to posterity are stronger than is often supposed. Tremmel's approach demands that each generation both consider and improve the well-being of future generations. To measure the well-being of future generations Tremmel employs the Human Development Index rather than the metrics of utilitarian subjective happiness. The book thus answers in detailed, concrete terms the two most important questions of every theory of intergenerational justice: 'what to sustain' and 'how much to sustain?' Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law, policy, economics, climate change and all other contexts that affect future generations.
A Theory of Justice (Original Edition)
by John RawlsThough 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.
Theory of Legal Evidence - Evidence in Legal Theory (Law and Philosophy Library #138)
by Verena Klappstein Maciej DybowskiThis book addresses theoretical problems concerning legal evidence. The concept of evidence is expected to fulfill a number of distinct roles in science and philosophy, but also in legal theory and law, some of which are complementary, while others are conflicting. In their profession, lawyers have to deal with evidence and proof. Yet the legal concept of evidence is constantly changing, and the debate concerning the distinction between a legal concept of evidence, the ordinary concept of evidence and the concept of evidence in science is far from being settled. What is more, the problem of evidence is central to both epistemology and the philosophy of science, and by extension to our academic thinking on law. In short, legal theorists’ interest in evidence may include such diverse objects as a bloody knife, sensory data, linguistic entities or psychologically recognized beliefs. The book surveys selected theoretical roles that the concept of evidence plays and explores their relations and interconnections. The content is divided into three parts, investigating: (1) evidence in epistemology and the philosophy of science, which focuses on evidence methodologies and the problem of proof in legal scholarship; (2) evidence in legal theory and legal philosophy, where particular attention is paid to the interplay between evidence, legal reasoning and the binding force of such reasoning; and (3) evidence in law, where theoretical problems pertaining to witnesses, expert opinions, explanations of the accused, statistical evidence and neuroscientific evidence are examined.
A Theory of Legal Obligation
by Stefano BerteaThe focus of this monograph lies in the construction of a theory of legal obligation, understanding it as a discrete notion with its own defining traits. In this work, Bertea specifically addresses the question: how should legal obligation be distinctively conceptualized? The conceptualization of legal obligation he defends in this work gradually emerges from a critical assessment of the theories of legal obligation that have been most influential in the contemporary legal-theoretical debate. Building on such critical analysis, Bertea's study purports to offer a novel and unconventional conceptualization of legal obligation, which is characterized as a law-engendered intersubjective reason for carrying out certain courses of conduct.
A Theory of Legal Punishment: Deterrence, Retribution, and the Aims of the State (Routledge Research in Legal Philosophy)
by Matthew C. AltmanThis book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.
A Theory of Mediators’ Ethics
by Shapira OmerMany aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.
The Theory of Moral Capital
by Xiaoxi WangThis book captures the quintessence of the author’s 20-year career, presenting both unique perspectives and logical arguments. Guided by the Marxist concept of historical materialism, it reveals the function and effect of morality by analyzing and defining the moral domain. Further, it argues that economic development requires moral support by analyzing the inseparable logical connection between economics and morality. Moreover, it investigates moral capital and its route to achieving value multiplication in economic activities, and proposes a practice and evaluation index system for moral capital in enterprises. Combining philosophical analysis and the exploration of practical applications, the book also discusses a basic strategy to help enterprises enrich and manage their moral capital.
A Theory of Moral Education
by Michael HandChildren must be taught morality. They must be taught to recognise the authority of moral standards and to understand what makes them authoritative. But there’s a problem: the content and justification of morality are matters of reasonable disagreement among reasonable people. This makes it hard to see how educators can secure children’s commitment to moral standards without indoctrinating them. In A Theory of Moral Education, Michael Hand tackles this problem head on. He sets out to show that moral education can and should be fully rational. It is true that many moral standards and justificatory theories are controversial, and educators have an obligation to teach these nondirectively, with the aim of enabling children to form their own considered views. But reasonable moral disagreement does not go all the way down: some basic moral standards are robustly justified, and these should be taught directively, with the aim of bringing children to recognise and understand their authority. This is an original and important contribution to the philosophy of moral education, which lays a new theoretical foundation for the urgent practical task of teaching right from wrong.
The Theory of Moral Sentiments: Or, An Essay Towards An Analysis Of The Principles By Which Men Naturally Judge Concerning The Conduct And Character, First Of Their Neighbours, And Afterwards Of Themselves; To Which Is Added A Dissertation On The Origin O
by Adam SmithThe foundation for a general system of morals, this 1749 work is a landmark in the history of moral and political thought. Readers familiar with Adam Smith from The Wealth of Nations will find this earlier book a revelation. Although the author is often misrepresented as a calculating rationalist who advises the pursuit of self-interest in the marketplace, regardless of the human cost, he was also interested in the human capacity for benevolence — as The Theory of Moral Sentiments amply demonstrates. The greatest prudence, Smith suggests, may lie in following economic self-interest in order to secure the basic necessities. This is only the first step, however, toward the much higher goal of achieving a morally virtuous life. Smith elaborates upon a theory of the imagination inspired by the philosophy of David Hume. His reasoning takes Hume's logic a step further by proposing a more sophisticated notion of sympathy, leading to a series of highly original theories involving conscience, moral judgment, and virtue. Smith's legacy consists of his reconstruction of the Enlightenment idea of a moral, or social, science that embraces both political economy and the theory of law and government. His articulate expression of his philosophy continues to inspire and challenge modern readers.
The Theory of Morality
by Alan Donagan"Let us . . . nominate this the most important theoretical work on ethical or moral theory since John Rawls's Theory of Justice. If you have philosophical inclinations and want a good workout, this conscientious scrutiny of moral assumptions and expressions will be most rewarding. Donagan explores ways of acting in the Hebrew-Christian context, examines them in the light of natural law and rational theories, and proposes that formal patterns for conduct can emerge. All this is tightly reasoned, the argument is packed, but the language is clear. "—Christian Century "The man value of this book seems to me to be that it shows the force of the Hebrew-Christian moral tradition in the hands of a creative philosopher. Throughout the book, one cannot but feel that a serious philosopher is trying to come to terms with his religious-moral background and to defend it against the prevailing secular utilitarian position which seems to dominate academic philosophy. "—Bernard Gert, Journal of Medicine and Philosophy
Theory of Obligations in International Law (Routledge Research in International Law)
by Cezary MikExamining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
A Theory of Political Obligation: Membership, Commitment, and the Bonds of Society
by Margaret GilbertMargaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in question are not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to refer to all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation. The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has been thought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter, suggests a number of avenues for related empirical and moral inquiry. Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
A Theory of Practical Reason
by Julian Nida-RümelinIn this book, German philosopher Julian Nida-Rümelin presents a theory of practical reason that is objectivist, or rather realist, as an alternative to the widespread subjectivism in the theory of rationality. This theory has pragmatic traits that can be read as a constructive counterpart to Nida-Rümelin's critique of consequentialism whilst embedding its conception of rationality in the conceptual framework of decision and game theory.
The Theory Of Rules
by Karl N. Llewellyn Frederick SchauerKarl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn’s thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are “pretty playthings.” Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn’s thinking and describes the difference between what rules literally prescribe and what is actually done, with the gap explained by a complex array of practices, conventions, professional skills, and idiosyncrasies, most of which are devoted to achieving a law’s larger purpose rather than merely following the letter of a particular rule. Edited, annotated, and with an extensive analytic introduction by leading contemporary legal scholar Frederick Schauer, this rediscovered work contains material not found elsewhere in Llewellyn’s writings and will prove a valuable contribution to the existing literature on legal realism.
The Theory of Self-Determination (ASIL Studies in International Legal Theory)
by Tesón Fernando R.When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations. Offers a new take on self-determination that moves beyond prevailing nationalist conceptions The book's interdisciplinary approach, drawing on law, philosophy, and political science, will be of interest to a wide range of scholars and practitioners Applies philosophical foundations to recent cases from Scotland to the Ukraine
A Theory of the Drone
by Grégoire ChamayouDrone warfare has raised profound ethical and constitutional questions both in the halls of Congress and among the U.S. public. Not since debates over nuclear warfare has American military strategy been the subject of discussion in living rooms, classrooms, and houses of worship. Yet as this groundbreaking new work shows, the full implications of drones have barely been addressed in the recent media storm.In a unique take on a subject that has grabbed headlines and is consuming billions of taxpayer dollars each year, philosopher Grégoire Chamayou applies the lens of philosophy to our understanding of how drones are changing our world. For the first time in history, a state has claimed the right to wage war across a mobile battlefield that potentially spans the globe. Remote-control flying weapons, he argues, take us well beyond even George W. Bush's justification for the war on terror.What we are seeing is a fundamental transformation of the laws of war that have defined military conflict as between combatants. As more and more drones are launched into battle, war now has the potential to transform into a realm of secretive, targeted assassinations of individuals--beyond the view and control not only of potential enemies but also of citizens of democracies themselves. Far more than a simple technology, Chamayou shows, drones are profoundly influencing what it means for a democracy to wage war. A Theory of the Drone will be essential reading for all who care about this important question.
A Theory of the Trial
by Robert P. BurnsAnyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
A Theory of Value and Obligation
by Robin AttfieldOriginally published in 1987 and re-issued in 2020 with a new Preface, this book presents and elaborates interrelated solutions to a number of problems in moral philosophy, from the location of intrinsic value and the nature of a worthwhile life, via the limits of obligation and the nature of justice, to the status of moral utterances. After developing a biocentric account of moral standing, the author locates worthwhile life in the development of the generic capacities of a creature, whether human or nonhuman, and presents an account of relative intrinsic value which later generates a theory of interspecific justice. This value-theory also informs a consequentialist understanding of obligation, of moral rightness and of supererogation. The understanding thus supplied is shown to cope with the problems of integrity, of justice and of the ‘Repugnant Conclusion’ in population ethics. A cognitivist account of ethical conclusions such as those so far reached is then defended against non-cognitivist and relativist objections and a far-reaching naturalist theory is defended, integrating earlier conclusions with an account of the logic of the fundamental ethical concepts. This wide-ranging volume which maps the whole area of morality is thoroughly argued with reference both to contemporary philosophical developments and to classical theories.
The Theory, Practice, and Interpretation of Customary International Law (The Rules of Interpretation of Customary International Law)
by Panos Merkouris Jörg Kammerhofer Noora Arajärvi Nina MilevaAlthough customary international law (CIL) has been central to international law from its inception, it is often misunderstood. This edited volume remedies that problem by tracing the history of CIL and provides an in-depth study of its theory, practice, and interpretation. Its chapters tackle the big questions which surround this source of international law such as: what are the rules that regulate the functioning of CIL as a source of international law? Can CIL be interpreted? Where do lines between identification, interpretation, application, and modification of a rule of CIL lie? Using recent developments, this volume revisits old debates and resolves them by proffering new and innovative solutions. With detailed examples from international and national courts, it places CIL in a range of settings to explain, explore and reflect upon this developing and highly significant field. This title is also available as Open Access on Cambridge Core.
The Therapeutic Nightmare: The battle over the world's most controversial sleeping pill (Health And The Environment Ser.)
by John Abraham Julie SheppardHow do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.
A Therapist's Guide to Growing Free: A Manual for Survivors of Domestic Violence
by Michael Hertica Wendy Susan DeatonHelp victims and survivors break the cycle of abuse!Trying to get victims and survivors of domestic abuse to recognize their own victimization can be a frustrating experience. They often become so frightened, isolated, and self-doubting that they make excuses for the abuser. Combining psychological insight with practical safety information, this book helps therapists guide their clients into understanding--and ending--the vicious cycle of wooing, tension, violence, and remorse. A Therapist's Guide to Growing Free provides a comprehensive outline of the issues, tasks, and goals involved in the treatment of victims and survivors. Its chapter-by-chapter breakdown of how violent relationships function and how to end them safely can help you guide a traumatized woman through her therapeutic journey.The guide's companion volume, Growing Free: A Manual for Survivors of Domestic Violence is the perfect handout for clients in individual therapy, group therapy, and battered women's shelters. Reading stories like their own may provide the shock of recognition they need to be able to understand--and eventually to end--the cycle of violence that characterizes all levels of domestic abuse. It outlines a series of steps they can take to ensure their emotional and physical safety. Its stories of women in abusive relationships and discussions of the cycle of abuse are direct and easy to read without ever being condescending.A Therapist's Guide to Growing Free provides the insight and therapeutic models needed for effective intervention and treatment, including: psychological effects and belief systems of victims and survivors discussions and illustrations of the cycle of violence the effects of domestic violence on children and adolescents the therapeutic challenges of couple/conjoint therapy handling crisis intervention suggestions for conducting group and therapeutic therapy for victim and battererA Therapist's Guide to Growing Free and its companion volume provide both therapists and clients with a practical, action-oriented approach to the problem of domestic violence. It is ideal training and reference material for counselors at women's shelters, emergency room personnel, law-enforcement officers, and other professionals involved in the rescue, support, defense, and treatment of victims and survivors.
Therapists, Lawyers, and Divorcing Spouses
by William FisherExperts explore the need for cooperation between the law and helping professions in order to lessen the trauma of the divorce process.
There Are No Dead Here: A Story Of Murder And Denial In Colombia
by Maria McFarland Sánchez-MorenoThe bloody story of the rise of paramilitaries in Colombia, told through three characters--a fearless activist, a dogged journalist, and a relentless investigator--whose lives intersected in the midst of unspeakable terror.Colombia's drug-fueled cycle of terror, corruption, and tragedy did not end with Pablo Escobar's death in 1993. Just when Colombians were ready to move past the murderous legacy of the country's cartels, a new, bloody chapter unfolded. In the late 1990s, right-wing paramilitary groups with close ties to the cocaine business carried out a violent expansion campaign, massacring, raping, and torturing thousands.There Are No Dead Here is the harrowing story of three ordinary Colombians who risked everything to reveal the collusion between the new mafia and much of the country's military and political establishment: Jesús María Valle, a human rights activist who was murdered for exposing a dark secret; Iván Velásquez, a quiet prosecutor who took up Valle's cause and became an unlikely hero; and Ricardo Calderón, a dogged journalist who is still being targeted for his revelations. Their groundbreaking investigations landed a third of the country's Congress in prison and fed new demands for justice and peace that Colombia's leaders could not ignore.Taking readers from the sweltering Medellín streets where criminal investigators were hunted by assassins, through the countryside where paramilitaries wiped out entire towns, and into the corridors of the presidential palace in Bogotá, There Are No Dead Here is an unforgettable portrait of the valiant men and women who dared to stand up to the tide of greed, rage, and bloodlust that threatened to engulf their country.
There Goes the Neighborhood: How Communities Overcome Prejudice and Meet the Challenge of American Immigration
by Ali NooraniA leading advocate for immigration reform interviews a wide range of citizens from communities throughout the nation to gauge the level of acceptance of new immigrants.This compelling approach to the immigration debate takes the reader behind the blaring headlines and into communities grappling with the reality of new immigrants and the changing nature of American identity. Ali Noorani, the Executive Director of the National Immigration Forum, interviews nearly fifty local and national leaders from law enforcement, business, immigrant, and faith communities to illustrate the challenges and opportunities they face. From high school principals to church pastors to sheriffs, the author reveals that most people are working to advance society's interests, not exploiting a crisis at the expense of one community. As he shows, some cities and regions have reached a happy conclusion, while others struggle to find balance. Whether describing a pastor preaching to the need to welcome the stranger, a sheriff engaging the Muslim community, or a farmer's wind-whipped face moistened by tears as he tells the story of his farmworkers being deported, the author helps readers to realize that America's immigration debate isn't about policy; it is about the culture and values that make America what it is. The people on the front lines of America's cultural and demographic debate are Southern Baptist pastors in South Carolina, attorneys general in Utah or Indiana, Texas businessmen, and many more. Their combined voices make clear that all of them are working to make America a welcome place for everyone, long-established citizens and new arrivals alike. Especially now, when we feel our identity, culture, and values changing shape, the collective message from all the diverse voices in this inspiring book is one of hope for the future. Now in paperback with a new preface.