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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.
A new analysis of John Rawls's theory of distributive justice, focusing on the ways his ideas have both influenced and been misinterpreted by the current egalitarian literature.
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.
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.
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.
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.
The core of the book consists of a selection of papers presented at an international workshop where researchers from a variety of fields and countries discussed the connections between inherited wealth, justice and equality. The volume is complemented by a few other papers commissioned by the editors. The contributions cover historical, political, philosophical, sociological and economic aspects.
“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.