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"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.
John Rawls’s work on justice has drawn more commentary and aroused wider attention than any other work in moral or political philosophy in the twentieth century. Rawls is the author of two major treatises, A Theory of Justice (1971) and Political Liberalism (1993); it is said that A Theory of Justice revived political philosophy in the English-speaking world. But before and after writing his great treatises Rawls produced a steady stream of essays. Some of these essays articulate views of justice and liberalism distinct from those found in the two books. They are important in and of themselves because of the deep issues about the nature of justice, moral reasoning, and liberalism they raise as well as for the light they shed on the evolution of Rawls’s views. Some of the articles tackle issues not addressed in either book. They help identify some of the paths open to liberal theorists of justice and some of the knotty problems which liberal theorists must seek to resolve. A complete collection of John Rawls’s essays is long overdue.
This book presents the first comprehensive model of policymaking by strategically-rational justices who pursue their own policy preferences in the Supreme Court's multi-stage decision-making process.
"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.
Intolerance of ideas different from one’s own seems to be a common attitude among human beings and, at the same time, something that seems to be more pronounced in recent years. In this volume, political theorists and philosophers consider some of the historical preconditions of modern intolerance and debate the sources of its recent manifestations. From theories of religious intolerance during the Reformation to the contemporary suppression of religious symbols; from homophobia to attempts to ban it; from populism on the right to “cancel culture” on the left—this book covers a variety of forms of intolerance, analysing not only its consequences but its causes and implications. Some of the chapters suggest means by which democracies may, through popular and judicial measures, defend themselves against intolerance, while others probe the philosophical grounding of intolerance in epistemological and metaphysical doctrines such as self-evident truth, divine revelation, inner illumination, naïve realism, and the moral relativism attributed to analytic philosophy and postmodernism. The chapters in this book were originally published as a special issue of Critical Review.
Today's message of cultural acceptance is dangerously distorted and deceptive. In a world that shouts: 'If you truly care about other people, you must agree that their beliefs, values, lifestyle, and truth claims are equal and as valid as yours!' it's no wonder our youth are confused. The Beauty of Intolerance-brand-new from Josh McDowell with son Sean McDowell-cuts through the confusion and points readers back to the place where the only truth resides...Jesus Christ. Tied directly to the Heroic Truth initiative launched by the Josh McDowell Ministry, the McDowells will share how a biblical view of truth can counter cultural tolerance and encourage a love and acceptance of others apart from their actions with a heart of Christlike compassion.