David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad (...) the law of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)

Les règles de la justice sont, d'après Friedrich Hayek, l'effet d'un ordre spontané et non de la volonté délibérée des hommes. Cette thèse renvoie à une conception de la règle abstraite et générale dont ce livre montre le lien avec les limites de la raison, l'abstraction constituant, selon Hayek, le moyen pour l'esprit de s'occuper d'une réalité que celui-ci ne peut entièrement comprendre. Une "primauté de l'abstrait" s'applique ainsi non seulement à l'ordre social - guidé par les règles abstraites (...) de la justice, mais également à l'ordre sensoriel, c'est-à-dire à notre perception du monde extérieur et aux dispositions à agir qui en résultent. Comment comprendre le lien entre cette primauté de l'abstrait et le libéralisme de Hayek, en particulier concernant sa conception de la "morale du marché" comme discipline des règles abstraites et son rejet de buts particuliers guidant l'action publique? Enfin, Hayek a-t-il eu raison d'attribuer au philosophe empiriste David Hume une telle conception de l'abstraction?"--Page 4 of cover. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace (...) among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

In this essay, the author tries to show the religious aspect of Rawls's work using a condition of religiosity that he himself endorsed. Section 1 looks at the passage in which Rawls asserts his condition of religiosity. In section 2, the author argues that Cohen's and Nagel's observation itself rests on a religiosity condition. In section 3, he shows how Rawls argued that Kant satisfied the religiosity condition and why Rawls thought Kant's moral philosophy has “a religious aspect.” (...) Section 4 explains that justice as fairness as presented in TJ has a religious aspect as well. In section 5, the author asks whether the religious aspect of justice as fairness survives Rawls's political turn. The chapter concludes by observing that the significance Kant gives to the moral law and our acting from it has an obvious religious aspect, and that his text occasionally has a devotional character. (shrink)

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The reflection of global justice demands an innovative revision of traditional patterns of argument of political theory. How can moral responsibility be defined in connection with intergovernmental action? Ethical, institutional, and logical implications of a human legal foundation of intergovernmental justice are discussed in three theoretical chapters in this book. Further chapters deal with the structure of intergovernmental responsibility in connection with ethics of peace, humanitarian intervention, the fight against poverty, as well as migration. Moreover, the book analyzes (...) governmental liability and collective political duties towards individuals, who are citizens of other states. (shrink)

High moral standards and adherence to a moral code have long been strong tenets of the profession of medicine, even though there have been occasional lapses that have led to renewed calls for a revitalization of moral integrity in medicine. Certainly, a moral component has generally been held to be an important aspect of the concept of a physician.

BackgroundHealthcare professionals use the ethics of justice and care to construct moral reasoning. These ethics are conflicting in nature; different value systems and orders of justice and care are applied to the cause of actual moral conflict. We aim to clarify the structure and factors of healthcare professionals’ moral conflicts through the lens of justice and care to obtain suggestions for conflict resolutions.MethodSemi-structured interviews about experiences of moral conflict were conducted with Japanese nurses recruited using the snowball (...) sampling method. Interviews were conducted based on the real-life moral conflict and choice interview. Interviews were recorded and transcribed verbatim, then analyzed based on the interpretive method of data analysis. Verbatim transcripts were read four times, first to get an overall sense of the conflict, then to understand the person’s thoughts and actions that explain the conflict, and third and fourth to identify perspectives of justice and care, respectively. Each moral perspective was classified into categories according to Chally’s taxonomy.ResultsAmong 31 responses, 2 that did not mention moral conflict were excluded, leaving 29 responses that were analyzed. These responses were classified into six cases with conflict between both justice and care perspectives or within one perspective, and into two cases without conflict between perspectives. The “rules” category of justice and the “welfare of others” category of care were included in many cases of conflict between two perspectives, and they frequently occurred in each perspective.ConclusionsThe nurses in this study suggest that they make moral judgments based on moral values that are intertwined with justice and care perspectives complex manner.Organizational, professional, and patient-related factors influenced conflicts between justice and care. Additionally, multiple overlapping loyalties created conflicts within justice perspectives, and multifaceted aspects of care-provider’s responsibility and patient need created conflicts within care. Decision-making biased towards one perspective can be distorted. It is important to consider ethical issues from both perspectives to resolve conflicts, especially the effective use of the ethics of care is recommended. (shrink)

In Against Moral Responsibility, Bruce Waller launches a spirited attack on a system that is profoundly entrenched in our society and its institutions, deeply rooted in our emotions, and vigorously defended by philosophers from ancient times to the present. Waller argues that, despite the creative defenses of it by contemporary thinkers, moral responsibility cannot survive in our naturalistic-scientific system. The scientific understanding of human behavior and the causes that shape human character, he contends, leaves no room for moral responsibility. Waller (...) argues that moral responsibility in all its forms--including criminal justice, distributive justice, and all claims of just deserts--is fundamentally unfair and harmful and that its abolition will be liberating and beneficial. What we really want--natural human free will, moral judgments, meaningful human relationships, creative abilities--would survive and flourish without moral responsibility. In the course of his argument, Waller examines the origins of the basic belief in moral responsibility, proposes a naturalistic understanding of free will, offers a detailed argument against moral responsibility and critiques arguments in favor of it, gives a general account of what a world without moral responsibility would look like, and examines the social and psychological aspects of abolishing moral responsibility. Waller not only mounts a vigorous, and philosophically rigorous, attack on the moral responsibility system, but also celebrates the benefits that would result from its total abolition. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal norms. If (...) the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

From Galileo and Newton to Thomas Hobbes and Martin Luther King, Jr., thinkers throughout history have consciously employed scientific techniques to better understand the non-physical world. The Age of Reason and the Enlightenment led theorists to apply scientific reasoning to the non-scientific disciplines of politics, economics, and moral philosophy. Instead of relying on the woodcuts of dissected bodies in old medical texts, physicians opened bodies themselves to see what was there; instead of divining truth through the authority of an ancient (...) holy book or philosophical treatise, people began to explore the book of nature for themselves through travel and exploration; instead of the supernatural belief in the divine right of kings, people employed a natural belief in the right of democracy. In this provocative and compelling book, Shermer will explain how abstract reasoning, rationality, empiricism, skepticism--scientific ways of thinking--have profoundly changed the way we perceive morality and, indeed, move us ever closer to a more just world. (shrink)

Aspirations for global justice have, in the last two decades, found their most radical expressions in the context of global environmental governance and climate change. From Rio de Janeiro through Kyoto to Copenhagen, demands for international distributional justice, and especially North–South equity, have become a prominent aspect of international environmental negotiation. However, claims for international environmental and climate justice have generally been deployed in the form of instinctive gut reaction than as a closely argued concept. In (...) this paper, I outline the ways in which issues of international justice intertwine with notions of global environmental sustainability and the basic premises on which claims for North–South equity are entrenched. (shrink)

Based on the author's award-winning and hugely popular undergraduate course at the University of Texas, this book explores these questions and the fundamentally sociological processes which underlie the quest for morality and justice in ...

Mankind is faced with a number of serious problems that demand an effective solution. The prevalence of injustice and the frequency of financial crises are two of the most serious of these problems. Consisting of an in-depth introduction along with a selection of eight of Muhammad Umer Chapra's essays--four on Islamic economics and four on Islamic finance--this timely book raises the question of what can be done to not only minimize the frequency and severity of the financial crises, but also (...) make the financial system more equitable. The author considers the origins of Islamic economics and outlines its development and underlying principles. He compares the approach taken to ethics and economics in Islam with that taken in the West, considering whether lessons can be applied to the global financial architecture in order to mitigate against financial crises. The book also examines the case against interest and looks at both innovation in Islamic finance, as well as challenges facing the industry. Written by a leading authority in the field, this book will be a stimulating resource for students and researchers in Islamic economics and finance, as well as providing valuable insight to all of those with an interest in financial systems and their interaction with society. (shrink)

The thesis that I have been trying to establish in this dissertation is that ethical systems are constructed on the basis of certain presuppositions about the temporal horizon in which human beings live, and most importantly, of the horizon within which they ought to live. In order to take a step towards establishing this claim, I examine what I take to be the two most powerful ethical theories in the western tradition, Aristotelianism and Kantianism, reconstructing their implications for the relationship (...) between ethics and temporality. I argue that Aristotle's ethics are intended to moderate the future orientation of his psychology by stressing the importance of the past. I suggest that it is possible to provide a temporal reading of Kantian ethics by emphasizing the notion of objective ends. But since this is one of the most tenuous elements in his system, the results will always be unstable. Finally, I argue that Habermas's discourse ethics can be read as an attempt to mediate the differences between Aristotle and Kant, and that it rests on a temporal horizon that deserves serious consideration. This is a temporal horizon that results from understanding the importance of tradition for questions of self-identity, on the one hand, and on the other of universality for questions of justice. (shrink)

This volume focuses on three closely-connected aspects of Émile Durkheim's work: his sociology of justice, his sociology of morality and his political sociology. These areas of his thought are the most relevant and practical today in considering fundamental problems of contemporary societies and they provide many of the most important insights of his social theory. This collection presents Durkheim's thought in an unusual and revealing light and shows him as a key social and political thinker for the twenty-first century.

The main theme of volume 6 of Eco-ethica is "Ethics and Justice" which focuses on the idea of "justice" in a metaphysical, social, and personal sense. Justice is considered as a balance between opposite ambitions in interdependent persons, and as equity in legislation, but not as blind justice. Today it is valuable not only on the national, but also on the cosmopolitan level. Before it became personal justice, the idea of justice was considered metaphysical (...) and social, both in European and Chinese culture. However, in modern times, it is often reduced to a moral duty without meta-ethical responsibility. The last section considers the importance of the philosophy of Paul Ricoeur (1913-2005) for clarifying the idea of justice. (Series: Eco-Ethica, Vol. 6) [Subject: Philosophy, Ethics]. (shrink)

This paper discusses conventional and Islamic concepts of distributivejustice, and develops propositions for the establishment of firms deemed to bemoral firms from Islamic perspective. Generally, distributive justice impliesthat goods should be distributed among members of the community accordingto their standing in society. In the Islamic scenario, however, the positive andthe normative aspects work simultaneously. The management of a firm seeksnot only to earn profit in this world but also to get reward in the life-hereafter.Thus, it is duty of a (...) firm to serve the community and look after its shareholders,employees and consumers. This paper also postulates that in a cooperativecum-competitive environment, firms have the same responsibilities as othermembers of the society. Hence, it is the duty of the firm to maintain distributivejustice among its stakeholders. It is also suggested that in the framework of theShariʽah, if there are any imperfections in the market, it is the responsibilityof the state to remove them. This paper also discusses the social and moralresponsibilities of the firms which claim that their products are Shariʽahcompliant. (shrink)

Justice for children and during childhood and the particular political, social and moral status of children has long been a neglected issue in ethics, and in social and political philosophy. The application of general, adult-oriented theories of justice to children can be regarded as particularly problematic. Philosophers have only recently begun to explore what it means to consider children as equals, what goods are especially valuable to them, and what are the obligations of justice different agents have (...) toward children. In addition, while philosophers have extensively written about global poverty and inequality, the issue of disadvantages during childhood, especially child poverty, has only been superficially addressed. This also applies to the Capability Approach (CA) as a normative theory. Although the socio-scientific and economic literature on how to conceptualize capabilities and functionings of children and how to measure them in the context of poverty and wellbeing is steadily growing, the normative aspects of these issues are still under-theorized. The CA offers a unique framework to engage with both the topic of justice for children and questions concerning what justice implies and demands with regard to children living and growing up in disadvantaged circumstances. Furthermore, justice and disadvantage during childhood is a compellingly interdisciplinary topic that invites the combination of ethical and philosophical reasoning together with socio-scientific theories and empirical knowledge. In this special issue of Ethical Perspectives we bring together theoretical and empirically informed discussions that explore the CA in relation to children and the many disadvantages they can face in their lives. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Humaneness and Justice in the Analects:On Tao Jiang's Origins of Moral-Political Philosophy in Early ChinaHagop Sarkissian (bio)IntroductionOne of the central themes of Tao Jiang's Origins of Moral-Political Philosophy in Early China is the contestation of the values of partialist humaneness and impartialist justice across diverse thinkers and texts throughout the classical period. His departure point is the Analects, which displays a keen awareness of the difficulties in (...) balancing these opposing values. Jiang's analysis of this dynamic is skillful, filled with Sinological detail and philosophical analysis.Here, I hope to add to Jiang's discussion, focusing on two broad points. First, I suggest two different interpretations of Jiang's analysis of ren 仁 as preference for kin in the Analects, and argue that one of these interpretations is more successful than the other. Second, I argue that aligning humaneness with partiality on the one hand, and justice with impartiality on the other, may obscure some of the Analect's views on these topics, even while illuminating others. In particular, I try to argue that justice cannot be understood as consisting of impartiality alone.Humaneness and JusticeJiang provides "thin or baseline definitions" of the key values of humaneness and justice so as to "schematize … competing normative values operative in the moral-political project during the classical period while … leaving room for variations on these broad underlying values among different inherited texts and the thinkers they are attributed to" (p. 35). They are as follows:[H]umaneness is understood in this book as the … natural inclination to be partial toward those who are close to us, especially our family/kin members; justice is defined here as … our exercise of impartial judgment on the merits of persons and states of affairs, especially in lieu of articulated and publicized standards and codes, irrespective of their relations to us. In other words, humaneness is partialist in nature, whereas justice is impartialist. Humaneness is understood in relational terms, whereas justice is non-relational by contrast. More importantly, precisely because of the relational nature of humaneness, [End Page 429] agent and recipient cannot be switched or substituted, whereas in justice agent and recipient are switchable and substitutable.This framework is fruitful, allowing Jiang to draw connections across texts and thinkers, highlighting aspects of the debates that too often remain hidden from view. His detailed analyses of concepts such as xiao (filial piety), jianai (impartial care), fa (objective standards), tian (Heaven), and shu (conscientious perspective taking) show how they relate to these overarching values. The schematization works, and the book repays careful reading.There are also points, however, where the alignment of humaneness with partiality on the one hand, and justice with impartiality on the other, can lead those familiar with these texts to wonder whether the presentation has, as a result, oversimplified some complex issues. I discuss two of these in what follows.Ren and PartialityJiang claims that the concept of ren in the Analects has two components or elements to it. As he puts it,[T]he way ren is articulated by Confucius, it contains both a partialist element favoring one's family and an impartialist element when dealing with others. … To put it in terms of the central terminologies employed in this book, ren in the Analects is a comprehensive category that contains the elements of both humaneness and justice.Jiang 2021, p. 53)Jiang's analysis of ren in terms of impartiality is compelling, so I will focus on the other half of the analysis—specifically, the claim that the concept of ren itself is partialistic (or, more accurately, has a notable partialist element). This claim may surprise some readers. For example, ren has often been contrasted with the partialistic xiao (filial piety) as the more impartial, public-facing virtue in Confucianism. Indeed, this contrast has been the focus of a strenuous and strident debate in Confucian ethics in modern times (see, e.g., Guo 2007; Guo 2004; Liu 2003), and has a pedigree going at least as far back as the Hou Hanshu (Chan 2004). However, such debates span multiple texts and thinkers in the Confucian tradition. We can still ask the more pointed... (shrink)

In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm-­-­namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of this dimension of the argument, highlighting some of its distinctive strengths while drawing attention to particular inconsistencies. I then argue that Tadros ought to refrain from developing this approach in terms of an overly narrow understanding of the morality of harming as fully unified and reconciled under (...) the lone heading of justice. In a final and most critical section, I offer arguments for why this reconciliatory commitment, further constrained by a misplaced emphasis on corrective justice, generates major problems for his general deterrence account of the core justification of criminal punishment. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making (...) the scale of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

How do we act justly in the world? How can we ethically respond to social and economic crisis and the desperation caused by violence and atrocity? Justice and Love is a philosophical dialogue on how to imagine and act in a more just world by theologian Rowan Williams and philosopher Mary Zournazi. Drawing on examples from the European Migrant Crisis to Brexit, the authors reflect on justice as a condition of being rather than cold fact. Looking at different (...) religious and philosophical traditions to enrich our language of justice, this book explores the love and patience needed for social healing and the imagination required to experience the world in new ways. (shrink)

Targeting injustices that cut across borders, they are making the scale of justice an object of explicit struggle.Inspired by these efforts, Nancy Fraser asks: ...

The aim of the dissertation is to formulate a research program in moral cognition modeled on aspects of Universal Grammar and organized around three classic problems in moral epistemology: What constitutes moral knowledge? How is moral knowledge acquired? How is moral knowledge put to use? Drawing on the work of Rawls and Chomsky, a framework for investigating -- is proposed. The framework is defended against a range of philosophical objections and contrasted with the approach of developmentalists like Piaget and Kohlberg. (...) ;One chapter consists of an interpretation of the analogy Rawls draws in A Theory of Justice between moral theory and generative linguistics. A second chapter clarifies the empirical significance of Rawls' linguistic analogy by formulating a solution to the problem of descriptive adequacy with respect to a class of commonsense moral intuitions, including those discussed in the trolley problem literature originating in the work of Foot and Thomson. Three remaining chapters defend Rawls' linguistic analogy against some of its critics. In response to Hare's objection that Rawls' conception of moral theory is too empirical and insufficiently normative, it is argued that Hare fails to acknowledge both the centrality of the problem of empirical adequacy in the history of moral philosophy and the complexity of Rawls' approach to the problem of normative adequacy. In response to Nagel's claim that the analogy between moral theory and linguistics is false because whatever native speakers agree on is English, but whatever ordinary men agree in condemning is not necessarily wrong, it is argued that the criticism ignores both Rawls' use of the competence-performance distinction and the theory-dependence of the corresponding distinction in linguistics. In response to Dworkin's claim that Rawls' conception of moral theory is incompatible with naturalism and presupposes constructivism, it is argued that Dworkin's distinction between naturalism and constructivism represents a false antithesis; neither is an accurate interpretation of the model of moral theory Rawls describes in A Theory of Justice. The thesis concludes by situating Rawls' linguistic analogy within the context of broader debates in metaethics, democratic theory, natural law theory, and the theory of moral development. (shrink)

My assigned task in today’s colloquium is to review philosophers’ perspectives on the broad question of whether health care rationing ought to target the elderly. This is a revolutionary question, particularly in a society that is so sensitive to apparent discrimination, and the question must be approached carefully if it is to be successfully dealt with. Three subordinate questions attend this one and must be addressed in the course of answering it. The first such question has to do with the (...) issue of justice: how is it fair to target the elderly in achieving reductions in health care costs? Isn’t the proposal, or for that matter, isn’t targeting any age group, morally objectionable as a species of ageism, just as targeting members of a particular race or sex would be racist or sexist? The second subordinate question has to do with the issue of fittingness. Given that we can show in some way that targeting the elderly is not inherently unjust, why would limiting health care to them be a fitting thing for medicine to do? How would it fit, for example, with the traditional commitments of medicine, to sustain life, to relieve suffering, to heal and cure and restore function? And in particular, if medicine has the ability to save and relieve and restore the elderly, why should it replace that set of commitments with a different set for this particular population? The third subordinate question seems political, an arena reserved for one of my speaker colleagues today. There are, I believe, some underlying philosophical dimensions to its answer, and so I will say something about it. The philosophical/political questions is, Given that rationing health care to the elderly is not patently unjust, and given that a case can be made out that the ends of medicine are not violated by such limitation, shy should the elderly, as a group, assent to such a limitation? I want to address these subordinate questions, for I believe them to be the chief stumbling blocks for the possibility of an affirmative answer to our... (shrink)

_International Justice and the Third World_ vindicates belief in global or universal justice, and explores both liberal and Marxist grounds for such belief. It also investigates the presuppositions of belief in development, and relates it to sustainability, to environmentalism, and to the obligation to cancel Third World debt.

This book develops a liberal theory of justice in exchange. It identifies the conditions that market exchanges need to fulfill to be just. It also addresses head-on a consequentialist challenge to existing theories of exchange, namely that, in light of new harms faced at the global level, we need to consider the combined consequences of millions of market exchanges to reach a final judgment about whether some individual exchange is just. The author argues that, even if we accept this (...) challenge, the effect of it is minimal. For different reasons, normatively problematic collective market outcomes like externalities, monopolies, violations of the Lockean proviso, inequality, and commodification do not pose particular problems to the justice of market exchanges. He outlines the various conditions a market exchange needs to fulfill to be considered just from a liberal background and in light of the new harms. Ultimately, he shows, it is not the market which is to blame; if we want to tackle issues like global warming or global economic injustice, we should not blindly follow the intuition that we best restrain and regulate markets. Commutative Justice is unique in its focus on justice in exchange rather than on end-state distributive justice, and the way in which it addresses the new harms we are facing today. It will be of interest to researchers and advanced students in philosophy, politics, and economics who are working on questions of economic justice. (shrink)

The Moral Target: Aiming at Right Conduct in War and Other Conflicts comprises essays that discuss aspects of war and other conflicts in the light of nonconsequentialist ethical theory. Topics include the relation between conditions that justify starting war and those that justify stopping it, the treatment of combatants and noncombatants in war, collaboration, justice after war and other conflicts, terrorism, resistance to communal injustice, and nuclear deterrence.

The international trading system remains a locus of fierce social conflict. The protesters who besiege gatherings of its managers—most famously on the streets of Seattle at the turn of the millennium—regard it with suspicion and hostility, as a threat to their livelihoods, an enemy of global justice, and their grievances are exploited by populist statesmen peddling their own mercantilist agendas. If we are to support the trading system, we must first assure ourselves that it can withstand moral scrutiny. We (...) must ensure that it works for and not against those whom it envelops; that it serves to emancipate, not ensnare. While there is an extensive literature addressing the economic and legal aspects of trade, the ethical questions its raises have escaped close inspection. This book contributes to resetting the balance. It grapples with moral quandaries relating to world politics, globalization, and international commerce, and recognizes that resolving these problems is essential if we are to move toward a world in which trade justice is a reality. (shrink)

This book explores the relationship between the law and pervasive and persistent reasonable disagreement about justice. It reveals the central moral function and creative force of reasonable disagreement in and about the law and shows why and how lawyers and legal philosophers should take reasonable conflict more seriously. Even though the law should be regarded as the primary mode of settlement of our moral conflicts,it can, and should, also be the object and the forum of further moral conflicts. There (...) is more to the rule of law than convergence and determinacy and it is important therefore to question the importance of agreement in law and politics. By addressing in detail issues pertaining to the nature and sources of disagreement, its extent and significance, as well as the procedural, institutional and substantive responses to disagreement in the law and their legitimacy, this book suggests the value of a comprehensive approach to thinking about conflict, which until recently has been analysed in a compartmentalized way. It aims to provide a fully-fledged political morality of conflict by drawing on the analysis of topical jurisprudential questions in the new light of disagreement. Developing such a global theory of disagreement in the law should be read in the context of the broader effort of reconstructing a complete account of democratic law-making in pluralistic societies. The book will be of value not only to legal philosophers and constitutional theorists, but also to political and democratic theorists, as well as to all those interested in public decision-making in conditions of conflict. (shrink)

The aim of the article is to answer the question of the importance of legal education in ensuring legal ethics and the moral compass of a person by understanding the most important aspects of it. Methods applied include theoretical-scientific analysis, systematic and critical review of scientific literature and other relevant sources, normative and critical analysis of ethical principles in the context of legal education, empirical-quantitative and qualitative analysis of scholarly articles. According to the main thesis of this article, the integration (...) of ethics into legal education can enhance moral development of future lawyers and improve their ability to serve justice. This paper traces the historical neglect of ethics in legal education and argues for its central place in modern studies. For lawyers to serve justice, a well-defined moral compass is essential. Several conclusions are drawn in this article, and first of all it is believed that universities will have to realise that a good lawyer is not only a professionally competent lawyer, because that is not enough in today’s world. Even if it is a personal journey, universities cannot stand aside, the future lawyer must be helped to grow. What is much more important is not so much the codes of ethics but how our moral compass works and what path it can point us down. To avoid getting lost, law schools could teach future lawyers how to empower their moral compass and find their way around. Each law teacher should have to find ways to teach the key virtues of a lawyer’s moral compass (e.g., wisdom, fortitude, temperance, and justice), how to help law students grow and not burn out in difficult situations. As our empirical research shows, the best scholarly articles on legal education discuss the elements of legal ethics. It is recognised that the ethics of lawyers is increasingly becoming an issue that goes beyond the professional aspects, and it is the university that must contribute to the development of the moral compass. (shrink)

The notion of "justice for all" has been a noble ideal and a foundation of human relationships in enlightened society for millennia. The Greeks and Romans viewed justice as the basis for the rule of law that governed interactions and that served as the standard for determining rights and responsibilities. Today the notion of social justice permeates political dialogue and has become the justification for social unrest and discord. The focus of this book is on the personal (...) side of justice and its importance in individual lives. Although justice is a lofty concept and is often spoken of as if its meaning is clear to all, it is nonetheless a complex and often subjective standard with conflicting meanings. Though these meanings may not be universally clear, understood, or agreed upon, as a standard of human relations justice is nonetheless deeply important and profoundly personal in its impacts. Like any metric, justice may be misused and manipulated by the self-justifying and the dishonest. However, properly understood, justice remains a noble ideal despite its complexity. Writing about justice has given us the opportunity to appreciate its significance and the nuances of its meanings. At its noblest, justice must ultimately be equated with wisdom, integrity, and love. Improperly understood, justice can impede wisdom and purpose and become an excuse for self-serving behavior that is later regretted. Although justice is often accompanied by a set of defining rules, it is also intended to be both compassionate and fair - caring for those whose rights need to be protected, as well as those best served by forgiveness and help rather than punishment. Perhaps justice is at its pinnacle when it is accompanied by mercy. Justice is far more than a mere set of rules, laws, or policies when it serves the purposes of enriching lives and benefiting those who need care and guidance. The study of justice affirms that its greatest value is in providing much more than order and consistency. We suggest that without forgiveness, mercy, and caring justice is simply insufficient. Perhaps, justice, when it enables individuals to learn from their mistakes and change their lives, actually fulfills its highest potential. We invite readers to read and reflect on the importance of justice and its importance in their own lives. In this volume we provide guidelines, insights, and recommendations to assist others to more fully incorporate those principles and ideals of justice as they seek to become the best version of themselves. (shrink)

Though much attention has been paid to different principles of justice, far less has been done reflecting on what the larger concern behind the notion is. In this work, Mathias Risse proposes that the perennial quest for justice is about ensuring that each individual has an appropriate place in what our uniquely human capacities permit us to build, produce, and maintain, and is appropriately respected for the capacity to hold such a place to begin with. Risse begins by (...) investigating the role of political philosophers and exploring how to think about the global context where philosophical inquiry occurs. Next, he offers a quasi-historical narrative about how the notion of distributive justice identifies a genuinely human concern that arises independently of cultural context and has developed into the one we should adopt now. Finally, he investigates the core terms of this view, including stringency, moral value, ground and duties of justice. (shrink)

While "moral naturalism" is sometimes used to refer to any approach to metaethics intended to cohere with naturalism in metaphysics more generally, the label is more usually reserved for naturalistic forms of moral realism according to which there are objective moral facts and properties and these moral facts and properties are natural facts and properties. Views of this kind appeal to many as combining the advantages of naturalism and realism but have seemed to many others to do inadequate justice (...) to central dimensions of our practice with our moral concepts. This entry examines some of these concerns and some ways in which moral naturalists have responded to them. It also profiles central aspects of the more particular views of some leading contemporary advocates of moral naturalism. (shrink)

How can we determine what are just boundaries or just criteria for inclusion or exclusion in contemporary states, nations, peoples, or other 'communities of justice'? As Barbieri demonstrates, recent theories of justice have failed to grapple squarely with this fundamental problem, either wholly ignoring it, or approaching it, inadequately, in terms of distributive or commutative justice, or simply declaring the problem insoluble. Developing a clear understanding of the peculiarities of constitutive justice, Barbieri contends, is a task (...) that has important implications for political philosophy as it bears on topics such as citizenship, migration, multiculturalism, self-determination, and the drafting of new constitutions. To this end, Constitutive Justice critically discusses some present approaches that promise to shed light on constitutive questions involving inclusion and the ethics of boundaries; provides an analysis of some of the central topics that plausible normative theories of constitutive justice will need to address; and develops the author's own constructive account. (shrink)

Richard Miller presents a bold new program for international justice. He argues for new standards of responsible conduct by governments, firms, and individuals in developed countries, to govern trade, investment, environmental policy, and the use of force. He offers an urgently needed strategy for moving humanity toward genuine global co-operation.

Presenting results from a Norwegian empirical study of student texts and moral education textbooks, this article contributes to the evaluation and development of contextual approaches to moral education. Theoretical perspectives from Seyla Benhabib and Mark Tappan are discussed in the light of empirical data. In particular, while textbooks focus primarily on norm aspects of morality, student texts display interactions between relation‐oriented and norm‐oriented cultural tools, indicating a possible synthesis of care and justice aspects of morality, as suggested by Benhabib. (...) A hegemony of a ‘language of justice’ over a ‘language of care’, as suggested by Benhabib and Tappan, is possibly reflected in the uneven distribution of ethical perspectives in textbooks. Student texts, however, show close interactions between relation‐oriented and norm‐oriented aspects of morality, and also indicate a female superiority in the mastery of both norm‐oriented and relation‐oriented language. (shrink)

What is social justice? At this point, there is considerable disagreement. For many, the term social justice is baffling and useless, with no real meaning. Most who use it argue that social justice is the moral fairness of the system of rules and norms that govern society. Do these rules work so that all persons get what is due to them as human beings and as members of the community? Shifting from the will of individuals in rendering (...) justice to the outcome of the system of rules in achieving justice can be a dangerous leap. To some, it suggests that virtually every inequality arises because the rules of the game are unfair and that the state must intervene whenever there are unequal outcomes. The dangers of this leap are the primary focus of Is Social Justice Just?, whose twenty-one authors accepted an invitation to "explore, reassess, and critique the concept of social justice-relating it to ongoing debates in economics, history, philosophy, politics, public policy, religion, and the broader culture.". (shrink)

The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.

The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.

Could global government be the answer to global poverty and starvation? Cosmopolitan thinkers challenge the widely held belief that we owe more to our co-citizens than to those in other countries. This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure that all persons can lead a decent life. Cabrera considers both the views of those political philosophers who say we (...) have much stronger obligations to help our co-citizens than foreigners and those cosmopolitans who say our duties are equally strong to each but resist restructuring. He then outlines his own position, using the European Union as a partial model for the integrated alternative and advocating instituting EU-style supranational government, development aid, and free movement of persons in the Americas and other regions. Over time, Cabrera argues that the transformation of the global system into a cohesive network of democratic institutions would help ensure that anyone born anywhere could lead a decent life. This book will appeal to all those interested in political philosophy and the processes and potential of globalization. (shrink)

From the early days of philosophy, ethics and justice, there is wide consensus that the constancy of the laws establishes the legal system. On the other hand, the rate at which we accumulate knowledge is gaining speed like never before. Due to the recently increased attention of academics to climate change and other environmental issues, a lot of new knowledge has been obtained about carbon management, its role in nature and mechanisms regarding the formation and degradation of organic matter. (...) A multidisciplinary techno-economic assessment of current composting standards and laws that took into account the current state of knowledge about carbon management was carried out as a case study. Economic and environmental damage caused by outdated laws was revealed. In addition, it was found that the introduction of the best composts into the market is permitted, causing additional negative environmental as well as economic impacts. (shrink)

The state is often regarded as an abstract and neutral bureaucratic entity. Against this common sense idea, At the Heart of the State argues that it is also a concrete and situated reality, embodied in the work of its agents and inscribed in the issues of its time. The result of a five-year investigation conducted by ten scholars, this book describes and analyses the police, the court system, the prison apparatus, the social services, and mental health facilities in France. Combining (...) genealogy and ethnography, its authors show that these state institutions do not simply implement laws, rules and procedures: they mobilise values and affects, judgements and emotions. In other words, they reflect the morality of the state. Of immense interest to both social scientists and political theorists, this work will make an important contribution to the ever expanding literature on the contemporary state. (shrink)

S. L. Hurley's ambitious work brings these two areas of lively debate into overdue contact with each other.