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Standing against the trend towards relativism in political philosophy, this work offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being
Justice as Impartiality confronts issues at the heart of modern political philosophy. This work examines Barry's thesis, expanding the discussion beyond the text to wider issues at the centre of contemporary debates about the nature and theories of distributive justice. It brings together responses from a range of Barry's critics including feminists, utilitarians, mutual advantage theorists, care theorists and anti-contractarians.
"In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice. The starting point for her critique is the experience and concerns of the new social movements that were created by marginal and excluded groups, including women, African Americans, and American Indians, as well as gays and lesbians. Young argues that by assuming a homogeneous public, democratic theorists fail to consider institutional arrangements for including people not culturally identified with white European male norms. Consequently, theorists do not adequately address the problems of an inclusive participatory framework. Basing her vision of the good society on the culturally plural networks of contemporary urban life, Young makes the case that normative theory and public policy should undermine group-based oppression by affirming rather than suppressing social group differences"--Provided by publisher.
This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."
Justice is a human virtue that is at once unconditional and conditional. Under favorable circumstances, we can be motivated to act justly by the belief that we must live up to what justice requires, irrespective of whether we benefit from doing so. But our will to act justly is subject to conditions. We find it difficult to exercise the virtue of justice when others regularly fail to. Even if we appear to have overcome the difficulty, our reluctance often betrays itself in certain moral emotions. In this book, Jiwei Ci explores the dual nature of justice, in an attempt to make unitary sense of key features of justice reflected in its close relation to resentment, punishment, and forgiveness. Rather than pursue a search for normative principles, he probes the human psychology of justice to understand what motivates moral agents who seek to behave justly, and why their desire to be just is as precarious as it is uplifting. A wide-ranging treatment of enduring questions, The Two Faces of Justice can also be read as a remarkably discerning contribution to the Western discourse on justice re-launched in our time by John Rawls.
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.
In this book Sharon Krause argues that moral and political deliberation must incorporate passions, even as she insists on the value of impartiality. Her work provides a systematic account of how passions can generate an impartial standpoint that yields binding and compelling conclusions in politics.
Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.
What is social justice? In Theories of Justice Brian Barry provides a systematic and detailed analysis of two kinds of answers. One is that justice arises from a sense of the advantage to everyone of having constraints on the pursuit of self-interest. The other answer connects the idea of justice with that of impartiality. Though the first book of a trilogy, Theories of Justice stands alone and constitutes a major contribution to the debate about social justice that began in 1971 with Rawls's A Theory of Justice.
This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.