Giving Desert Its Due: Social Justice and Legal Theory

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Springer 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.

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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
SELECTED BIBLIOGRAPHY
301
INDEX
311
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