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What Is Justice? Classic And Contemporary Readings
by Robert C. Solomon Mark C. MurphyWhat is Justice? Classic and Contemporary Readings, 2nd edition, brings together many of the most prominent and influential writings on the topic of justice, providing an exceptionally comprehensive introduction to the subject. It places special emphasis on "social contract" theories of justice, both ancient and modern, culminating in the monumental work of John Rawls and various responses to his work. It also deals with questions of retributive justice and punishment, topics that are often excluded from other volumes on justice. This new edition features expanded and updated readings on justice and punishment and includes more recent responses to John Rawls's work. Part One of the book features selections from classical sources including Homer, Plato, Aristotle, Aquinas, and Mencius, as well as excerpts from the Bible and the Koran. Part Two provides readings on the state of nature and the social contract, from Hobbes and Locke to Rawls, Nozick, Gauthier, and Baier. Part Three includes the Declaration of Independence and Amendments to the U. S. Constitution in addition to selections on property and social justice by Locke, Hume, Adam Smith, Engels, Marx, Mill, and several contemporary authors. Part Four offers a wide variety of readings on punishment, several of which address the death penalty. Part Five begins with selections from Rawls's work and includes responses from Dworkin, Nagel, Nozick, MacIntyre, Sandel, Walzer, Okin, and Rawls himself.
What is Legal Education for?: Reassessing the Purposes of Early Twenty-First Century Learning and Law Schools (Emerging Legal Education)
by Paul Maharg Victoria Roper Rachel Ann DunnHow we interpret and understand the historical contexts of legal education has profoundly affected how we understand contemporary educational cultures and practices. This book, the result of a Modern Law Review seminar, both celebrates and critiques the lasting impact of Peter Birks’ influential edited collection, Pressing Problems in the Law: What is the Law School for? Published in 1996, his book addresses many critical issues that are hauntingly present in the 21st century, amongst them the impact of globalisation; technological disruption; and the tension inherent in law schools as they seek to balance the competing interest of teaching, research and administration. Yet Birks’ collection misses key issues, too. The role of wellbeing, of emotion or affect, the relation of legal education to education, the status of legal education in what, since his volume, have become the devolved jurisdictions of Northern Ireland, Wales and Scotland – these and others are absent from the research agenda of the book. Today, legal educators face new challenges. We are still recovering from the effects of the Covid-19 pandemic on our universities. In 1996 Birks was keen to stress the importance of comparative research within Europe. Today, legal researchers are dismayed at the possibility of losing valuable EU research funding when the UK leaves the EU, and at the many other negative effects of Brexit on legal education. The proposed Solicitors Qualifying Examination takes legal education regulation and professional learning into uncharted waters. This book discusses these and related impacts on our legal educations. As law schools approach an existential crossroads post-Covid-19, it seems timely to revisit Birks’ fundamental question: what are law schools for?
What Is Life and How Might It Be Sustained?: Reflections in a Pandemic
by Jim LynchHow did the universe and life begin and what are the threats to people and the environment in a pandemic? This book is for anybody with interest in protecting life on the planet. Studies on the origin of life and scientific contributions to safeguarding the planet are examined in light of current thinking on climate change. A major focus is the spread of microbes, put in the context of environmental assessment and management, including descriptions of microbiomes and a consideration of the risks of genetic modifications. Professor Lynch shows how failure to control disease can lead to the collapse of any biotic population. To avoid this, the ethics of management of disease by biological control and by vaccination are discussed, at the practical level and in a moral theological context.
What is Life Worth?: The Unprecedented Effort to Compensate the Victims of 9/11
by Kenneth R. FeinbergAs head of the 9/11 Victim Compensation Fund, Kenneth Feinberg was asked to do the impossible: calculate the dollar value of over 5,000 dead and injured as a result of the 9/11 terrorist attacks.
What Is Parenthood?: Contemporary Debates about the Family (Families, Law, and Society #7)
by Linda C. Mcclain Daniel CereExtraordinary changes in patterns of family life--and family law--have dramatically altered the boundaries of parenthood and opened up numerous questions and debates. What is parenthood and why does it matter? How should society define, regulate, and support it? Is parenthood separable from marriage--or couplehood--when society seeks to foster children's well-being? What is the better model of parenthood from the perspective of child outcomes? Intense disagreements over the definition and future of marriage often rest upon conflicting convictions about parenthood. What Is Parenthood? asks bold and direct questions about parenthood in contemporary society, and it brings together a stellar interdisciplinary group of scholars with widely varying perspectives to investigate them. Editors Linda C. McClain and Daniel Cere facilitate a dynamic conversation between scholars from several disciplines about competing models of parenthood and a sweeping array of topics, including single parenthood, adoption, donor-created families, gay and lesbian parents, transnational parenthood, parent-child attachment, and gender difference and parenthood.
What is Property? An Inquiry into the Principle of Right and of Government
by P. J. ProudhonIf I were asked to answer the following question: WHAT IS SLAVERY? and I should answer in one word, IT IS MURDER, my meaning would be understood at once. No extended argument would be required to show that the power to take from a man his thought, his will, his personality, is a power of life and death; and that to enslave a man is to kill him. Why, then, to this other question: WHAT IS PROPERTY! may I not likewise answer, IT IS ROBBERY, without the certainty of being misunderstood; the second proposition being no other than a transformation of the first?
What is Right and Wrong? Who Decides? Where Do Values Come From? And Other Big Questions (And Other Big Questions)
by Michael Rosen Annemarie YoungEvery day we make decisions that are underpinned by our ideas of what is right and wrong. But where do these ideas come from? Where do our values come from and who decides which values are used in a society? This book is a highly topical look at how our decisions about what is right and wrong play out on an indvidual, local, national and global scale. It examines topics that are strongly connected to the values people hold and their ideas of right and wrong, such as democracy, justice, fairness, prejudice and discrimination, education, climate change and war. There are contributions from Laura Bates, Richard Rieser, Tulip Siddiq and Alex Wheatle, who, along with the authors, discuss how their ideas of what is right and wrong have been shaped by their life experiences. Readers are encouraged to think for themselves about the issues discussed and decide which values are important to them.
What Is Right for Children?: The Competing Paradigms of Religion and Human Rights
by Martha Albertson Fineman Karen WorthingtonCombining feminist legal theory with international human rights concepts, this book examines the presence, participation and treatment of children in a variety of contexts. Specifically, through comparing legal developments in the US with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. The authors address the role of religion in shaping attitudes about parental rights in the US, with particular emphasis upon the fundamentalist belief in natural lines of familial authority. Such beliefs have provoked powerful resistance in the US to human rights approaches that view the child as an independent rights holder and the state as obligated to proved services and protections that are distinctly child-centred. Calling for a rebalancing of relationships within the US family, to become more consistent with emerging human rights norms, this collection contains both theoretical debates about and practical approaches to granting positive rights to children.
What Is Sexual Harassment?: From Capitol Hill to the Sorbonne
by Abigail C. SaguyIn comparing how sexual harassment--a concept that first emerged in 1975--has been defined differently in France and the United States, Abigail Saguy explores not only the social problem of sexual harassment but also the broader cultural concerns of cross-national differences and similarities.
What is Sustainable Technology?: Perceptions, Paradoxes and Possibilities
by Karel Mulder Didac Ferrer Harro van LenteDesigners of technology have a major responsibility in the current age. Their designs can have tremendous effects on society, in both the short and the long term. In fact, sustainable development itself has all the characteristics of a design project, albeit a vast one. But a failed product design here will be not just be unsuccessful in the market – it will have far-reaching consequences. It is our common responsibility to make the project successful. Technology has played an important role in creating the problems that we now face; but it will also play an important role in solving them. But this does not mean the technological fix will be easy. How do we allocate resources and attention when there are myriad issues under the umbrella of "sustainable development" currently in competition with one another? How do we arrive at precise specifications for the sustainable technologies that are to be developed and, furthermore, reach consensus on these specifications? What if our sustainable technological solutions aggravate other problems or create new ones? And, because sustainable development is all about the long-term consequences of our actions, how do we assess the effects of modifying existing landscapes, infrastructures and patterns of life?How could we be sure in advance that the changes that new technologies bring will make our society more sustainable? These dilemmas and paradoxes are the subject of this provocative book. Sometimes the claim that a technology is sustainable is made in order to make the technology acceptable in the political process, as in the case of nuclear energy production, where the claims of "sustainability" refer to the absence of CO2 emissions. In the case of biofuels, claims of sustainability have led to a "fuel or food" debate, showing that sustainability has counteracting articulations. And the well-known rebound effect is observed when increased resource efficiency can create a stimulus for consumption. What is Sustainable Technology? illustrates that the sustainability impact of a technology is often much more complicated and ambivalent than one might expect. Making improvements to existing designs is not the technological challenge that will lead to real solutions. We mustn't look to change a part of a machine, but rather the machine as a whole – or even the whole system in which it functions. It is these system innovations that have the potential to make a genuine contribution to sustainable development. What is Sustainable Technology? will help all those involved in designing more sustainable technologies in determining their strategies. It does so by presenting case studies of different technologies in contrasting contexts. Each case asks: 1. What articulations of sustainability played a role in the design process? 2. What sustainability effects did this technology lead to? 3. Who was affected, where, and when? 4. Could the designer have foreseen these consequences? 5. How did the designer anticipate them? 6. How was societal interaction dealt with during the design process? Finally, the authors reflect on future options for the sustainable technology designer. They argue that an important first step is an awareness of the multitude of sustainable development challenges that play a role in production, use, recycling and end-of-life disposal. What is Sustainable Technology? will be essential reading for product designers, engineers, material scientists and others involved in the development of sustainable technologies, as well as a wide academic audience interested in the complexities of the sustainable design process.
What Is the Constitution? (What Was?)
by Patricia Brennan Demuth Who Hq Tim FoleyWe the people at Who HQ bring readers the full story--arguments and all--of how the US Constitution came into being. Signed on September 17, 1787--four years after the American War for Independence--the Constitution laid out the supreme law of the United States of America. Today it's easy for us to take this blueprint of our government for granted. But the Framers--fifty-five men from almost all of the original 13 states--argued fiercely for many months over what ended up being only a four-page document. Here is a fascinating behind-the-scenes look at the hotly fought issues--those between Northern and Southern States; big states and little ones--and the key players such as James Madison, Alexander Hamilton, and George Washington who suffered through countless revisions to make the Constitution happen.
What is the Human Being? (Kant's Questions)
by Patrick R. FriersonPhilosophers, anthropologists and biologists have long puzzled over the question of human nature. It is also a question that Kant thought about deeply and returned to in many of his writings. In this lucid and wide-ranging introduction to Kant’s philosophy of human nature - which is essential for understanding his thought as a whole - Patrick R. Frierson assesses Kant’s theories and examines his critics. He begins by explaining how Kant articulates three ways of addressing the question ‘what is the human being?’: the transcendental, the empirical, and the pragmatic. He then considers some of the great theorists of human nature who wrestle with Kant’s views, such as Hegel, Marx, Darwin, Nietzsche, and Freud; contemporary thinkers such as E.O.Wilson and Daniel Dennett, who have sought biological explanations of human nature; Thomas Kuhn, Michel Foucault, and Clifford Geertz, who emphasize the diversity of human beings in different times and places; and existentialist philosophers such as Sartre and Heidegger. He argues that whilst these approaches challenge and enrich Kant’s views in significant ways, all suffer from serious weaknesses that Kant’s anthropology can address. Taking a core insight of Kant’s - that human beings are fundamentally free but finite - he argues that it is the existentialists, particularly Sartre, who are the most direct heirs of his transcendental anthropology. The final part of the book is an extremely helpful overview of the work of contemporary philosophers, particularly Christine Korsgaard and Jürgen Habermas. Patrick R. Frierson explains how these philosophers engage with questions of naturalism, historicism, and existentialism while developing Kantian conceptions of the human being. Including chapter summaries and annotated further reading, What is the Human Being? is an outstanding introduction to some fundamental aspects of Kant’s thought and a judicious assessment of leading theories of human nature. It is essential reading for all students of Kant and the philosophy of human nature, as well as those in related disciplines such as anthropology, politics and sociology.
What is the Judicial Branch (Your Guide to Government)
by Ellen RodgerThe judicial branch of government consists of the nation's courts. This title explores the role of the United States Supreme Court and its role in interpreting the U.S. Constitution, as well as the role of Federal Courts. Justices and judges, and how they are selected for their jobs is also provided. A comparison to other judicial bodies in state governments, as well as in other countries, is also included. Teacher's guide available.
What is the legislative branch (Your Guide to Government)
by James BowThe legislative branch of the United States government represents the people and makes the laws which they live by. This book introduces readers to the House of Representatives and Senate, and the main players in both. Whips, committees, and filibusters are also discussed. A comparison to other legislative bodies in state and local governments, as well as in other countries, is also included.
What Is the Mishnah?: The State of the Question (Jewish Law and Culture Series)
by Shaye J. D. CohenThe Mishnah is the foundational document of rabbinic Judaism—all of rabbinic law, from ancient to modern times, is based on the Talmud, and the Talmud, in turn, is based on the Mishnah. But the Mishnah is also an elusive document; its sources and setting are obscure, as are its genre and purpose.In January 2021 the Harvard Center for Jewish Studies and the Julis-Rabinowitz Program on Jewish and Israeli Law of the Harvard Law School co-sponsored a conference devoted to the simple yet complicated question: “What is the Mishnah?” Leading scholars from the United States, Europe, and Israel assessed the state of the art in Mishnah studies; and the papers delivered at that conference form the basis of this collection. Learned yet accessible, What Is the Mishnah? gives readers a clear sense of current and future direction of Mishnah studies.
What is this thing called Ethics?
by Christopher BennettWhat is morality? How do we define what is right and wrong? How does moral theory help us deal with ethical issues in the world around us? This second edition provides an engaging and stimulating introduction to philosophical thinking about morality. Christopher Bennett provides the reader with accessible examples of contemporary and relevant ethical problems, before looking at the main theoretical approaches and key philosophers associated with them. Topics covered include: life and death issues such as abortion and global poverty; the meaning of life; whether life is sacred and which lives matter; major moral theories such as utilitarianism, Kantian ethics and virtue ethics; critiques of morality from Marx and Nietzsche. What is this Thing Called Ethics? has been thoroughly revised and updated throughout, with a new final chapter on meta-ethics. With boxed case studies, discussion questions and further reading included within each chapter this textbook is the ideal introduction to ethics for philosophy students coming to the subject for the first time.
What Is to Be Done? Burning Questions of Our Movement
by Vladimir Ilyich LeninA basic consideration of the conditions and problems in the formation of a vanguard, revolutionary party. Lenin wrote this political pamphlet in 1901, after he had returned to St. Petersburg from three years of Siberian exile for advocating a Marxist revolution against the Tsar, who ruled Russia with an iron hand. In the pamphlet, Lenin argued that only a disciplined party of professional revolutionaries could bring socialism to Russia. He stresses the importance of theory and a revolutionary party guided by that theory. In this, he was at odds with other political groups that advocated a democratic movement toward socialism. He argued against the so-called "Economists," who held that workers were de facto at the forefront of the Marxist movement by virtue of their struggles with their employers over wage issues. In Lenin's view, this amounted to only "trade-union consciousness," which fell far short of the theoretical political consciousness he believed was needed if socialism was to succeed. The pamphlet also calls for a shift of emphasis from local to national work on revolutionary goals, which he would facilitate through communication via an all-Russia political newspaper.
What Is Zoopoetics?
by Kári Driscoll Eva HoffmannThis book brings together essays dealing with the question of zoopoetics both as an object of study—i.e. texts from various traditions and periods that reflect, explicitly or implicitly, on the relationship between animality, language and representation—and as a methodological problem for animal studies, and, indeed, for literary studies more generally. What can literary animal studies tell us about literature that conventional literary studies might be blind to? How can literary studies resist the tendency to press animals into symbolic service as metaphors and allegories for the human whilst also avoiding a naïve literalism with respect to the literary animal? The volume is divided into three sections: “Texts,” which focuses on the linguistic and metaphorical dimensions of zoopoetics; “Bodies,” which is primarily concerned with mimesis and questions of embodiment, performance, and lived experience; and “Entanglement,” which focuses on interspecies encounters and the complex interplay between word and world that emerges from them. The volume will appeal to scholars and students in the fields of animal studies, area studies and comparative literature, gender studies, environmental humanities, ecocriticism, and the broader field of posthumanism.
What It Feels Like: Visceral Rhetoric and the Politics of Rape Culture (Rhetoric and Democratic Deliberation #27)
by Stephanie R. LarsonWhat It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, and heteronormativity as well as masculine commitments to "science" or "evidence." In addition, Larson finds that the culture holds a general mistrust of testimony by women, stereotyping it as "emotional." But she also gives us hope for change, arguing that women’s testimony—the bodily, material expression of violation—is needed to give voice to victims of sexual violence and to present, accurately, the facts of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.
What It Feels Like: Visceral Rhetoric and the Politics of Rape Culture (Rhetoric and Democratic Deliberation)
by Stephanie R. LarsonWinner of the 2022 Association for the Rhetoric of Science, Technology, and Medicine (ARSTM) Book AwardWinner of the 2022 Winifred Bryan Horner Outstanding Book Award from the Coalition of Feminist Scholars in the History of Rhetoric and CompositionWhat It Feels Like interrogates an underexamined reason for our failure to abolish rape in the United States: the way we communicate about it. Using affective and feminist materialist approaches to rhetorical criticism, Stephanie Larson examines how discourses about rape and sexual assault rely on strategies of containment, denying the felt experiences of victims and ultimately stalling broader claims for justice.Investigating anti-pornography debates from the 1980s, Violence Against Women Act advocacy materials, sexual assault forensic kits, public performances, and the #MeToo movement, Larson reveals how our language privileges male perspectives and, more deeply, how it is shaped by systems of power—patriarchy, white supremacy, ableism, and heteronormativity. Interrogating how these systems work to propagate masculine commitments to “science” and “hard evidence,” Larson finds that US culture holds a general mistrust of testimony by women, stereotyping it as “emotional.” But she also gives us hope for change, arguing that testimonies grounded in the bodily, material expression of violation are necessary for giving voice to victims of sexual violence and presenting, accurately, the scale of these crimes. Larson makes a case for visceral rhetorics, theorizing them as powerful forms of communication and persuasion.Demonstrating the communicative power of bodily feeling, Larson challenges the long-held commitment to detached, distant, rationalized discourses of sexual harassment and rape. Timely and poignant, the book offers a much-needed corrective to our legal and political discourses.
What It Means to Be Human: The Case For The Body In Public Bioethics
by O. Carter SneadA leading expert on public bioethics advocates for a new conception of human identity in American law and policy.The natural limits of the human body make us vulnerable and therefore dependent, throughout our lives, on others. Yet American law and policy disregard these stubborn facts, with statutes and judicial decisions that presume people to be autonomous, defined by their capacity to choose. As legal scholar O. Carter Snead points out, this individualistic ideology captures important truths about human freedom, but it also means that we have no obligations to each other unless we actively, voluntarily embrace them. Under such circumstances, the neediest must rely on charitable care. When it is not forthcoming, law and policy cannot adequately respond.What It Means to Be Human makes the case for a new paradigm, one that better represents the gifts and challenges of being human. Inspired by the insights of Alasdair MacIntyre and Charles Taylor, Snead proposes a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent—children, the disabled, and the elderly. To show how such a vision would affect law and policy, he addresses three complex issues in bioethics: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-versus-liberal and secular-versus-religious, Snead recasts debates over these issues and situates them within his framework of embodiment and dependence. He concludes that, if the law is built on premises that reflect the fully lived reality of life, it will provide support for the vulnerable, including the unborn, mothers, families, and those nearing the end of their lives. In this way, he argues, policy can ensure that people have the care they need in order to thrive.In this provocative and consequential book, Snead rethinks how the law represents human experiences so that it might govern more wisely, justly, and humanely.
What Justice? Whose Justice? Fighting for Fairness in Latin America
by Susan Eva Eckstein Timothy P. Wickham-CrowleyThe essays elucidate how conceptions of justice are socially constructed and contested and historically contingent, shaped by people's values and institutionally grounded in real-life experiences. The contributors offer refreshing new insights that deepen our understanding of social justice as ideology and practice.
What Kind of Creatures Are We? (Columbia Themes in Philosophy)
by Noam ChomskyNoam Chomsky is widely known and deeply admired for being the founder of modern linguistics, one of the founders of the field of cognitive science, and perhaps the most avidly read political theorist and commentator of our time. In these lectures, he presents a lifetime of philosophical reflection on all three of these areas of research to which he has contributed for over half a century. In clear, precise, and non-technical language, Chomsky elaborates on fifty years of scientific development in the study of language, sketching how his own work has implications for the origins of language, the close relations that language bears to thought, and its eventual biological basis. He expounds and criticizes many alternative theories, such as those that emphasize the social, the communicative, and the referential aspects of language. Chomsky reviews how new discoveries about language overcome what seemed to be highly problematic assumptions in the past. He also investigates the apparent scope and limits of human cognitive capacities and what the human mind can seriously investigate, in the light of history of science and philosophical reflection and current understanding. Moving from language and mind to society and politics, he concludes with a searching exploration and philosophical defense of a position he describes as "libertarian socialism," tracing its links to anarchism and the ideas of John Dewey, and even briefly to the ideas of Marx and Mill, demonstrating its conceptual growth out of our historical past and urgent relation to matters of the present.
What Kind of Death: The Ethics of Determining One’s Own Death (Routledge Research in Applied Ethics)
by Govert den HartoghMany books have been published about physician-assisted death. This book offers a comprehensive and in-depth examination of that subject, but it also extends the discussion to a broader range of end-of-life decisions including suicide, palliative care and sedation until death. In every jurisdiction that has laws permitting some kind of physician-assisted death, a central point of controversy is whether such assistance should only be available to dying patients, or to everyone who wants to end his life. The right to determine the manner and time of one’s own death, however, does not necessarily mean that physicians should be permitted to cooperate in ensuring a quick and peaceful death. In this book, Govert den Hartogh considers the fundamental and practical matters – including concrete issues of legal regulation – related to end-of life decision making. He proposes a two-tiered system. Everyone should have access to humane means of ending his life, if his decision to end it is voluntary, well-considered and durable. But doctors should only participate in a joint action of ending the patient’s life on his request if they also are convinced of acting in the patient’s best interests, in particular by ending intolerable and unrelievable suffering. And perhaps there is reason to restrict that second service to dying patients. The whole argument, however, depends on the extent to which, in both tiers of the system, we can design legal safeguards that will enable us to trust judgments about the requesting person’s request and about his suffering. The book considers much new evidence in regard to this issue. What Kind of Death will appeal to researchers and advanced students working in bioethics, applied ethics, philosophy of law and health law.