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Full-Text Articles in Law
Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe
Reparations For Racism: Why The Persistence Of Institutional Racism In America Demands More Than Equal Opportunity For Black Citizens, Alexander Lowe
Richard T. Schellhase Essay Prize in Ethics
No abstract provided.
Poverty Tourism, Justice And Policy, Kevin Outterson, Evan Selinger, Kyle Whyte
Poverty Tourism, Justice And Policy, Kevin Outterson, Evan Selinger, Kyle Whyte
Faculty Scholarship
Based on moral grounds, should poverty tourism be subject to specific policy constraints? This article responds by testing poverty tourism against the ethical guideposts of compensation justice, participative justice, and recognition justice, and two case descriptions, favela tours in Rocinha and garbage dump tours in Mazatlan. The argument advanced is that the complexity of the social relationships involved those tours requires policy-relevant research and solutions.
Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap
Distributive Justice Before The Eighteenth Century: The Right Of Necessity, Siegfried Van Duffel, Dennis Yap
Siegfried Van Duffel
Until recently, few people would have doubted that the idea of distributive justice is old, indeed ancient. Several authors have now challenged this assumption. Most prominently, Samuel Fleischacker argued that distributive justice originates in the eighteenth century. If accurate, this would upset much of what we have taken for granted about an important part of the history of Western political thought. However, the thesis is manifestly flawed. And since that it has already proven influential, it is important to set the record straight. We will focus on the principle of extreme necessity, developed in twelfth and thirteenth century canon law, …
Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green
Hard Times, Hard Time: Retributive Justice For Unjustly Disadvantaged Offenders, Stuart Green
Stuart Green
Criminological studies consistently indicate that a disproportionate percentage of crimes in our society, both violent and non-violent, are committed by those who are impoverished. If we assume that at least some of the poor who commit crimes are poor because they fail to get from society what they “deserve” in terms of economic or political or social rights, the question arises whether this fact should affect the determination of what such people “deserve” from society in terms of punishment. The question is all the more pressing given recent Census Bureau figures indicating that the economic recession that began in 2008 …
Future Generations: A Prioritarian View, Matthew D. Adler
Future Generations: A Prioritarian View, Matthew D. Adler
All Faculty Scholarship
Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …
Aristotle, Law And Justice: The Tragic Hero, Eric A. Engle
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 …
The Economic Impact Of International Labor Migration: Recent Estimates And Policy Implications, Howard F. Chang
The Economic Impact Of International Labor Migration: Recent Estimates And Policy Implications, Howard F. Chang
All Faculty Scholarship
In this essay, I survey the economic theory and the most recent empirical evidence of the economic impact of international labor migration. Estimates of the magnitude of the gains that the world could enjoy by liberalizing international migration indicate that even partial liberalization would not only produce substantial increases in the world’s real income but also improve its distribution. The gains from liberalization would be distributed such that if we examine the effects on natives in the countries of immigration, on the migrants, and on those left behind in the countries of emigration, we find that each group would enjoy …