Arts and Humanities Commons^™

Crime Futures Market, Adam White

Adam White

'Faith: The Basis Of Justice', Angus Brook

Angus Brook

Jean Harvey: Civilized Oppression And Moral Relations—Victims, Fallibility And The Moral Community, Antonio Calcagno

Antonio Calcagno

There are significant differences between civilized oppression and violent oppression and these differences show not only in the phenomena involved, but also in the nature of those who actively contribute to the two phenomena ('contributing agents'). Fair characterizations of the agents of civilized oppression often require very different descriptions from those applying to violent oppressors. Many of the failings behind civilized oppression are shared by both the contributing agents and a large number of the victims. Often it is the privileged social position of the agents that allows those failings to have such a serious impact, whereas the same failings …

G. A. Cohen Why Socialism? Című Könyvéről (On G. A. Cohen’S Why Socialism?), Attila Tanyi

Attila Tanyi

Iris Young, Radical Responsibility, And War, Harry Van Der Linden

Harry van der Linden

In this paper I argue that a merit of Iris Young’s social connection model of responsibility for structural injustices is that it directs the American people’s responsibility for unjust wars, such as the recent war against Iraq, toward their responsibility to abolish the “war machine,” including the “empire of bases,” that is a contributing factor of unjust U.S. wars. I also raise two objections to her model. First, her model leads us to downplay the culpability of the American people as a political collective in voting to continue the Iraq war with the re-election of George W. Bush. Second, Young …

Persimals, Steven Luper

Steven Luper

What sort of thing, fundamentally, are you and I? For convenience, I use the term persimal to refer to the kind of thing we are, whatever that kind turns out to be. Accordingly, the question is, what are persimals? One possible answer is that persimalhood consists in being a human animal, but many theorists, including Derek Parfit and Jeff McMahan, not to mention John Locke, reject this idea in favor of a radically different view, according to which persimalhood consists in having certain sorts of mental or psychological features. In this essay, I try to show that the animalist approach …

Natural Resources, Gadgets, And Artificial Life, Steven Luper

Steven Luper

I classify different sorts of natural resources and suggest how these resources may be acquired. I also argue that inventions, whether gadgets or artificial life forms, should not be privately owned. Gadgets and life-forms are not created (although the term 'invention' suggests otherwise); they are discov-ered, and hence have much in common with more familiar natural resources such as sunlight that ought not to be privately owned. Nonetheless, inventors of gadgets, like discoverers of certain more familiar resources, sometimes should be granted exclusive but temporary control over their inventions as an incentive for making unknown items widely accessible

Justice And Natural Resources, Steven Luper

Steven Luper

Justice entitles everyone in the world, including future generations, to an equitable share of the benefits of the world's natural resources. I argue that even though both Rawls and his libertarian critics seem hostile to it, this resource equity principle, suitably clarified, is a major part of an adequate strict compliance theory of global justice whether or not we take a libertarian or a Rawlsian approach. I offer a defence of the resource equity principle from both points of view.

'Gardens Of Justice': Australian Feminist Law Journal, 2013, Volume 39, Matilda Arvidsson, Leila Brännström, Merima Bruncevic, Leif Dahlberg

Matilda Arvidsson

FOREWARD: GARDENS OF JUSTICE

Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom, Leif Dahlberg

Our Gardens of Justice special themed issue of the Australian Feminist Law Journal grew out of the 2012 Critical Legal Conference in Stockholm and its theme of Gardens of Justice, a conference organised by Matilda Arvidsson, Merima Bruncevic, Leila Brannstrom and Leif Dahlberg. We issued a Call for Papers early in 2013 in which several conference theme questions were repeated. We called for papers devoted to thinking about law and justice as a physical as well as a social environment. The theme suggested a plurality of justice gardens …

Environmental Inequalities And Democratic Citizenship: Linking Normative Theory With Empirical Research, Fabian Schuppert, Ivo Wallimann-Helmer

Fabian Schuppert

The aim of this paper is to link empirical findings concerning environmental inequalities with different normative yard-sticks for assessing whether these inequalities should be deemed unjust, or not. We argue that such an inquiry must necessarily take into account some caveats regarding both empirical research and normative theory. We suggest that empirical results must be contextualised by establishing geographies of risk. As a normative yard-stick we propose a moderately demanding social-egalitarian account of justice and democratic citizenship, which we take to be best suited to identify unjust as well as legitimate instances of socio-environmental inequality.

Citizen Responsibility For War In Imperfect Democracies, Lisa Rivera

Lisa Rivera

Are individual citizens of imperfect democracies morally responsible for unjust wars waged by their state? Moral responsibility for unjust wars involves both retrospective and social responsibility. Citizens of imperfect democracies are retrospectively responsible when they choose to vote for a leader they know will wage an unjust war. This situation may occur very rarely. For example, US citizens did not have this political option at the outset of the Vietnam and Iraq Wars. However, even when citizens are not retrospectively responsible they have the social responsibility to engage in collective action to address the harms unjust war causes.

Marx And Morality: An Impossible Synthesis?, Harry Van Der Linden

Harry van der Linden

A discussion of Allen E. Buchanan, Marx and Justice (Totowa: Rowman and Littlefield, 1982); Marshall Cohen, Thomas Nagel, and Thomas Scanlon, eds., Marx. Justice. and History (Princeton: Princeton University Press, 1980); and Kai Nielsen and Steven C. Patten, eds., Marx and Morality, Supplementary Volume VII of the Canadian Journal of Philosophy (Guelph: Canadian Association for Publishing in Philosophy, 1981).

Sulle Basi Motivazionali Delle Lotte Sociali. Honneth Versus Fraser, In "Iride", Xxiii, N. 60 (2010), Pp. 448-452., Marco Solinas

Marco Solinas

No abstract provided.

Vite Svuotate. Per Una Critica Dell’Impatto Psicosociale Del Capitalismo Contemporaneo, In "Costruzioni Psicoanalitiche", X, N. 20 (2010), Pp. 71-81., Marco Solinas

Marco Solinas

Il saggio mira a individuare e delucidare alcuni nessi causali tra il concomitante incremento dei fenomeni depressivi, non solo in senso strettamente clinico, e l’affermazione del nuovo modello capitalistico avvenuto nei paesi occidentali dai primi anni settanta ad oggi. Oltre che sul meccanismo della flessibilità del mercato del lavoro, si insiste in particolare sulle dinamiche paradossali delle istanze etiche e morali della nuova configurazione ideologica. Ricorrendo anche alla categoria di egemonia, vengono da ultimo approntati degli strumenti teorici finalizzati a riattivare i potenziali emancipativi frustrati nella sofferenza sociale di natura depressiva e regressiva. The paper aims to single out and …

Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle

Eric A. Engle

Aristotle was the greatest scientist in western history. He established the scientific paradigm and the instruments thereof (materialism and logic). His work covered all basic sciences: Astronomy, Botany, Logic, Mathematics, Meteorology Philosophy, Psychology and Political Science. Aristotle's conception of justice pervades the law and heavily influenced the Anglo-Saxon court system to this day. Yet, the mark of a hero in Greek tragedy is his tragic flaw. Aristotle was not only a great scientist. He was also racist, sexist and homophobic - he thought slavery was natural and good. This tragic flaw in Aristotle's work has distorted all of western thought …

Equality, Andrew Williams

Andrew Williams

No abstract provided.

Rawls Különbözeti Elve (Rawls’ Difference Principle), Attila Tanyi

Attila Tanyi

This paper deals with the third and most disputed principle of John Rawls’s theory of justice: the so-called difference principle. My reasoning has three parts. I first present and examine the principle. My investigation is driven by three questions: what considerations lead Rawls to the acceptance of the principle; what the principle’s relation to effectiveness is; and what and how much the principle demands. A proper understanding of the principle permits me to spend the second half of the paper with exploring the difficulties the principle encounters. I first discuss four well-known objections and argue that all of them, partly …

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Sharing Job Resources: Ethical Reflections On The Justification Of Basic Income, Jurgen De Wispelaere

Jurgen De Wispelaere

Philippe Van Parijs’s ethical justification of basic income is based on the argument that job resources must be shared equally. Underlying this idea are two important claims: (1) all individuals in society hold an ex ante entitlement in job resources and (2) job resources are tradable. First, I present the real-libertarian argument for sharing job resources. Next, I identify and critically review three different objections against this view: the liability objection, the cooperation objection and the parasitism objection. I believe the parasitism objection poses a serious challenge to basic income, and argue that Van Parijs’s most plausible response - based …

Rawls's Neglected Childhood: Reflections On The Original Position, Stability, And The Child's Sense Of Justice, Samantha Brennan, Robert Noggle

Samantha Brennan

No abstract provided.

John Rawls's Children, Samantha Brennan, Robert Noggle

Samantha Brennan

No abstract provided.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

"Moral Relativism", Harry Van Der Linden

Harry van der Linden

Harry van der Linden's contribution to: American Justice, ed. Joseph M. Bessette (Pasadena, California: Salem Press, 1996)

“Equality Of Opportunity”, Harry Van Der Linden

Harry van der Linden

Harry van der Linden's contribution to: American Justice, ed. Joseph M. Bessette (Pasadena, California: Salem Press, 1996).

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

In Defence Of Exploitation, Justin Schwartz

Justin Schwartz

The concept of exploitation is thought to be central to Marx's Critique of capitalism. John Roemer, an analytical (then-) Marxist economist now at Yale, attacked this idea in a series of papers and books in the 1970s-1990s, arguing that Marxists should be concerned with inequality rather than exploitation -- with distribution rather than production, precisely the opposite of what Marx urged in The Critique of the Gotha Progam.

This paper expounds and criticizes Roemer's objections and his alternative inequality based theory of exploitation, while accepting some of his criticisms. It may be viewed as a companion paper to my What's …