Balancing Reasonable Justice


Book Description

John Rawls's pioneering work of political philosophy A Theory of Justice has had far reaching influence on modern liberal political philosophy. Rawls' sprinciples of justice as fairness: the principle of liberty, the principle of fair equality of opportunity and the famous 'difference principle' have been both heavily criticized and incorporated into other political theories. In this book Päivänsalo both presents a deep analysis of the whole Rawlsian canon and builds upon and goes beyond Rawls's conception by introducing a fresh theoretical framework to clarify and modify different balances of the elements of Rawlsian justice. Justice as fairness is analyzed into its parts and elements, critically examined to find the strongest most favourable interpretations of each principle and in this light the principles are reconstructed and rebalanced in such a way as to resist the most significant criticisms of the Rawlsian project.




Copyright and Information Privacy


Book Description

Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.




United States Attorneys' Manual


Book Description




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Multi-criteria Analysis in Legal Reasoning


Book Description

Providing an accessible introduction to the application of multi-criteria analysis in law, this book illustrates how simple additive weighing, a well known method in decision theory, can be used in problem structuring, analysis and decision support for overall assessments and balancing of interests in the context of law.




ABA Standards for Criminal Justice


Book Description

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.




A Theory of Justice


Book Description

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.




Equal Justice in the Balance


Book Description

"We are in difficult times for the protection of our liberties. Nonetheless, citizens are showing an increased willingness to resist the erosion of the U.S. Constitution. . . . Lawson Mack and Kelly stress the importance of not giving up these fundamental rights and conclude with a message of optimism, noting an increased backlash against the administration's more draconian measures. Although the landscape is still quite bleak, change is in the air." -Michael Ratner, President, Center for Constitutional Rights, from the foreword "A compelling and sophisticated critique of the U.S. government's post-9/11 actions. Mack and Kelly set the stage with the historical perspective on America's response to terrorism and the assessment of terrorist threats, before launching into a comprehensive analysis of the USA Patriot Act. Their hard-hitting approach and easy-to-read style makes for a fascinating treatment of the government's legislative and executive response to the attacks." -Michael P. Scharf, Case Western Reserve University School of Law With its sweeping critique of the USA Patriot Act and the Bush administration's maneuvers in pursuit of terrorists, Equal Justice in the Balance is a sobering and exacting look at American legal responses to terrorism, both before and after 9/11. The authors detail wide-ranging and persuasive evidence that American antiterrorism legislation has led to serious infringements of our civil rights. They show us how deviations from our fundamental principles of fairness and justice in times of heightened national anxiety-whether the Red Scare, World War II, or the War on Terrorism-have resulted in overreaction and excess, later requiring apologies and reparations to those victimized by a paranoia-driven justice system. While terrorist attacks-especially on a large scale and on American soil-damage our national pride and sense of security, the authors offer powerful arguments for why we must allow our judicial infrastructure, imperfect as it is, to respond without undue interference from the politics of anger and vengeance.




Strategic Justice


Book Description

The author defends the ancient claim that justice is at bottom a body of social conventions. Recent analytical and empirical concepts and results from the social sciences together with insights and arguments of past masters of moral and political philosophy are integrated into a new game-theoretic conventionalist analysis of justice.




Professional Ethics and Personal Integrity


Book Description

Professional roles are often thought to bring role-specific permissions and obligation, which may allow or require role-occupants to do things they would not be permitted or required to do outside their roles, and which as individuals they would rather not do. This feature of professional roles appears to bring them into conflict both with ‘ordinary’ or non-role morality, and with personal integrity which is often thought to demand some form of personal endorsement of one’s conduct. How are we to reconcile the demands of roles with ordinary morality and with personal integrity? This collection draws together a set of papers which explore these questions as they bear upon a number of different professional roles, including those of the lawyer, the judge and the politician, and from a variety of perspectives, including contemporary analytic moral theory, jurisprudence, psychoanalytic theory, virtue ethics, and contextualism, and, more broadly, from philosophy and legal academia and practice.