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In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.
Justice as Equality makes a unique contribution to the philosophical and intellectual tradition of the English-speaking Caribbean by exploring the theory of justice underpinning the life, work, and writings of former Prime Minister of Jamaica and renowned Third World Statesman the late Michael Manley (1924-1997). Manley's singular Caribbean vision of justice was forged in a post-colonial context that he described as being too radically disfigured by inequalities to be improved by «mere tinkering». This book posits that equality has become unfashionable in social analysis and contemporary politics, in part due to the increased significance of values such as identity, diversity, and difference, in tandem with a misunderstanding of the concept of equality. It argues for a reclaiming of a multi-faceted and complex way of understanding equality in light of Manley's thought. Through an engagement with the norms of justice developed within the Catholic social teaching tradition, this book examines, clarifies, and deepens Manley's Caribbean account of «justice as equality». Manley's theory is a deeply relational theory one of justice and equality that roots fundamental human equality in the relationship to divine transcendence. It calls for the dismantling of all relationships of oppression and domination that result when the fundamental equality of all human beings is disregarded. It takes account of the multiple dimensions of the human person, and calls a society 'just' when it allows for the flourishing of every member, specifically through full participation in the life of the society.
Equality in Liberty and Justice is an integrated collection of essays in political philosophy, divided into two parts. The first examines (classically) liberal ideas-the ideas of the Founding Fathers of the American republic-and some of the applications and the rejections of such ideas in our contemporary world. Among other questions about liberty and responsibility it considers, in the context of the imprisonment and psychiatric treatment of dissidents in the psychiatric hospitals of the former Soviet Union, Plato's suggestion that all delinquency is an expression of mental disease.The second part examines the relations and the lack of relations between old fashioned, without prefix or suffix, justice and what is called by its promoters social justice. It therefore presses such questions as "Equal outcomes or equal justice?" and "Enemies of poverty or of inequality?"Equality in Liberty and Justice was originally published before the winning of the Cold War and the collapse of the Soviet Empire. This second edition updates the arguments of the previous editor and draws present day moral conclusions. This book will appeal to those for whom the classical liberal and conservative debates still have great meaning. Flew might well be the most significant sunthesizer of Tocqueville and Mill.
For much of the twentieth century improvement in the situation of disadvantaged communities was a focus for urban planning and policy. Yet over the past three decades the ideological triumph of neoliberalism has caused the allocation of spatial, political, economic, and financial resources to favor economic growth at the expense of wider social benefits. Susan Fainstein's concept of the "just city" encourages planners and policymakers to embrace a different approach to urban development. Her objective is to combine progressive city planners' earlier focus on equity and material well-being with considerations of diversity and participation so as to foster a better quality of urban life within the context of a global capitalist political economy. Fainstein applies theoretical concepts about justice developed by contemporary philosophers to the concrete problems faced by urban planners and policymakers and argues that, despite structural obstacles, meaningful reform can be achieved at the local level. In the first half of The Just City, Fainstein draws on the work of John Rawls, Martha Nussbaum, Iris Marion Young, Nancy Fraser, and others to develop an approach to justice relevant to twenty-first-century cities, one that incorporates three central concepts: diversity, democracy, and equity. In the book's second half, Fainstein tests her ideas through case studies of New York, London, and Amsterdam by evaluating their postwar programs for housing and development in relation to the three norms. She concludes by identifying a set of specific criteria for urban planners and policymakers to consider when developing programs to assure greater justice in both the process of their formulation and their effects.
Eight outstanding scholars contribute to this collection original essays on the philosophical foundations and political implications of egalitarian justice. The positions represented span the political spectrum, and the debate moves back and forth between the theoretical and the practical. Expressing often radically different political points of view, the contributors discuss such topics as individual rights, human good, mutual indebtedness, sexual relations, the family, individual desert, private property, self-ownership, and the welfare state.
Unless considered on a practical level, where a precise distribution of social goods is chosen, John Rawls’s and Gerald Cohen’s approaches to social justice cannot be complementary. Their disagreement about justice and its principles calls for a choice, which opts either for the Rawlsian theory or for the Cohenian one. What is the more plausible approach to social justice? This work compares both approaches and aims to defend Cohen’s position in the light of two considerations. It answers the philosophical question about the analysis of the idea of justice, which puts the virtue of justice in its philosophical context. It, however, presents a method everyone can apply in order to arrive at the fundamental principles of justice by employing the power of reason. An analysis of the concept of justice based on the power of reason should seek to uncover the ultimate nature of justice, which is independent of facts and of other virtues. Once exposed, the understanding of justice arrived at should inform social institutions and determine people’s daily decisions. A just society is therefore a society where just persons and just institutions exhibit the virtue of justice.
“A work of striking political and legal imagination.” —Aziz Rana, author of The Two Faces of American Freedom Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality have often been used to overcome resistance to justice and remain vital today. From the oppression of emancipated slaves after the Civil War, to the internment of Japanese Americans during World War II, to President Trump’s ban on Muslim travelers, Tsai applies lessons from past struggles to pressing contemporary issues.
International Women's Rights, Equality and Justice explores the history and development of women's rights in the context of international human rights law. From the 1848 Seneca Declaration to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to the present day, women's struggles for rights, freedom from discrimination, and equality are canvassed. The book details gender based claims brought in domestic courts, as well as those brought in regional or international fora, and explores the various remedies available, depending on where a claim is adjudicated. The text also canvasses the important contributions of NGOs, and challenges students to think about tactical, strategic, contextual and pragmatic choices that lawyers are called on to make when representing clients. Along with excerpts of cases and briefs, the text includes samples of complaint forms and instructions. International Women's Rights, Equality, and Justice could be used in a two or three credit specialized class, or as part of a general International Human Rights or Gender class. It also provides a useful collection of documents and overview of the law for policy makers. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. PowerPoint slides are available to professors upon adoption of this book. Download sample slides from the full 441-slide presentation here. If you have adopted the book for a course, contact crutan (at) cap-press (dot) com to request the PowerPoint slides.
A history of social change at a critical period in American history, from the end of the Civil War to the early days of the Depression.
A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.