Giving Desert Its Due: Social Justice and Legal TheorySpringer Science & Business Media, 1985 - 329 pagini During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. |
Cuprins
THE CONCEPT OF JUSTICE | 1 |
Global or Particular | 3 |
2 Commutative and Distributive Justice | 17 |
3 Social Justice and Legal Justice | 28 |
4 Procedural and Substantive Justice | 41 |
PROBLEMS OF JUSTIFICATION SOCIAL CONTRACT AND INTUITION | 49 |
1 Why is Social Contract Relevant? | 50 |
2 Contract and Reflective Equilibrium | 56 |
NEEDS AND JUSTICE | 150 |
1 Basic Needs | 151 |
2 Basic Needs and Desert | 159 |
3 Needs and Rights | 162 |
PREFERENTIAL TREATMENT | 176 |
1 The Problem | 177 |
2 Utilitarian Arguments | 181 |
3 Equal Opportunity and Preferential Treatment | 190 |
3 Intuition and Intuitionism | 64 |
SUBSTANTIVE JUSTICE AND EQUALITY BEFORE THE LAW | 69 |
1 Equality Before the Law and Equality in Law | 70 |
2 NonDiscriminatory Classifications | 75 |
3 Differentiation and Exclusion | 85 |
THE PRINCIPLE OF EQUILIBRIUM | 93 |
DISTRIBUTION ACCORDING TO DESERT | 108 |
2 Natural Abilities and Desert | 114 |
3 Free Will and Desert? | 123 |
4 Effort or Contribution? | 126 |
5 Arbitrariness of the the Principle of Desert? | 130 |
6 Impracticability? | 133 |
7 Compensatory Justice and Status Inconsistency | 136 |
8 Desert and the Principle of Competence | 145 |
9 The Role of Desert | 148 |
4 Groups and Individuals | 196 |
5 Victims of Professional Treatment | 205 |
PUNISHMENT AND THE THEORY OF JUSTICE | 213 |
2 Punishment and Equilibrium | 217 |
3 Retributivism | 225 |
4 Retributivist Fallacies | 235 |
5 Utility and Punishment | 242 |
6 Retributivism and Utilitarianism Reconciled? | 247 |
BEYOND SOCIAL JUSTICE | 253 |
2 Utility and Justice | 259 |
3 The Importance of Justice | 267 |
NOTES | 277 |
301 | |
INDEX | 311 |
Alte ediții - Afișează-le pe toate
Giving Desert Its Due: Social Justice and Legal Theory Wojciech Sadurski Previzualizare limitată - 2013 |
Giving Desert Its Due: Social Justice and Legal Theory Wojciech Sadurski Nu există previzualizare disponibilă - 2010 |
Termeni și expresii frecvente
action actual admissions answer application arbitrary argued argument balance of benefits basic needs basis benefits and burdens claim classification commutative justice compensation conception of justice consequence considerations considered constitute crime criteria criterion decision derived desert discrimination distinction distributive justice duties Dworkin example fact Feinberg freedom guilt H. B. Acton human Ibid idea ideal important individual inequalities injustice innocent instance intuition intuitionism John Rawls justified Law Review legal justice legal rules legal system liberty means moral judgments natural necessarily non-comparative notion Nozick offender particular person political practice preferences preferential treatment principles of justice problem procedural justice programs question Rawls Rawls's Rawlsian reason reflective equilibrium relevant requires result retributive retributive justice retributivism retributivist Reverse Discrimination rewards Ronald Dworkin satisfaction of basic sense situation social contract social justice society standard suggests theory of justice tion unequal University Press unjust utilitarian values