The Currency of Justice


Book Description

Fines and monetary damages account for the majority of legal sanctions across the whole spectrum of legal governance. Money is, in key respects, the primary tool law has to achieve compliance. Yet money has largely been ignored by social analyses of law, and especially by social theory. The Currency of Justice examines the differing rationalities, aims and assumptions built into money’s deployment in diverse legal fields and sanctions. This raises major questions about the extent to which money appears as an abstract universal or whether it takes on more particular meanings when deployed in various areas of law. Indeed, money may be unique in that it can take on the meanings of punishment, compensation, denunciation or regulation. The Currency of Justice examines the implications of the ‘monetization of justice’ as life is increasingly regulated through this single medium. Money not only links diverse domains of law; it also links legal sanctions to other monetary techniques which govern everyday life. Like these, the concern with monetary sanctions is not who pays, but that money is paid. Money is perhaps the only form of legal sanction where the burden need not be borne by the wrongdoer. In this respect, this book explores the view that contemporary governance is less concerned with disciplining individuals and more concerned with regulating distributions and flows of behaviours and the harms and costs linked with these.




On the Currency of Egalitarian Justice, and Other Essays in Political Philosophy


Book Description

G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice. Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin.




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.




Distributive Justice and Access to Advantage


Book Description

Major scholars assess G. A. Cohen's contribution to the debate on the nature of egalitarian justice.




Theories of Distributive Justice


Book Description

How should we design our economic systems? Should we tax the rich at a higher rate than the poor? Should we have a minimum wage? Should the state provide healthcare for all? These and many related questions are the subject of distributive justice, and different theories of distributive justice provide different ways to think about and answer such questions. This book provides a thorough introduction to the main theories of distributive justice and reveals the underlying sources of our disagreements about economic policy. It argues that the universe of theories of distributive justice is surprisingly simple, yet complicated. It is simple in that the main theories of distributive justice are just four in number, and in that these theories each offer a distinct, well-defined theoretical approach to distributive justice; yet it is complicated in that the main theories disagree at several distinct, fundamental levels, and in that it is possible to spin innumerable new theories from the elements of the four main theories. Key Features: Covers the four major theories of distributive justice and their leading philosophers, elucidating the attractions and drawbacks of each: Friedrich A. von Hayek and right-liberalism; John Rawls and left-liberalism; Robert Nozick and libertarianism; Gerald A. Cohen and socialism. Explains why these four theories have come to dominate most philosophical discussions on distributive justice, highlighting the essential answer provided in each that is lacking in other theories. Written for any reader interested in the topic, with an annotated reading list at the end of each chapter and helpful glossary at the back of the book.




Health, Luck, and Justice


Book Description

"Luck egalitarianism"--the idea that justice requires correcting disadvantages resulting from brute luck--has gained ground in recent years and is now the main rival to John Rawls's theory of distributive justice. Health, Luck, and Justice is the first attempt to systematically apply luck egalitarianism to the just distribution of health and health care. Challenging Rawlsian approaches to health policy, Shlomi Segall develops an account of just health that is sensitive to considerations of luck and personal responsibility, arguing that people's health and the health care they receive are just only when society works to neutralize the effects of bad luck. Combining philosophical analysis with a discussion of real-life public health issues, Health, Luck, and Justice addresses key questions: What is owed to patients who are in some way responsible for their own medical conditions? Could inequalities in health and life expectancy be just even when they are solely determined by the "natural lottery" of genes and other such factors? And is it just to allow political borders to affect the quality of health care and the distribution of health? Is it right, on the one hand, to break up national health care systems in multicultural societies? And, on the other hand, should our obligation to curb disparities in health extend beyond the nation-state? By focusing on the ways health is affected by the moral arbitrariness of luck, Health, Luck, and Justice provides an important new perspective on the ethics of national and international health policy.




Luck Egalitarianism


Book Description

How should we decide which inequalities between people are justified, and which are unjustified?One answer is that such inequalities are only justified where there is a corresponding variation in responsible action or choice on the part of the persons concerned. This view, which has become known as 'luck egalitarianism', has come to occupy a central place in recent debates about distributive justice. This book is the first full length treatment of this significant development in contemporary political philosophy.Each of its three parts addresses a key question concerning the theory. Which version of luck egalitarian comes closest to realizing luck egalitarian objectives? Does luck egalitarianism succeed as a view of egalitarian justice? And is it sound as an account of distributive justice in general?The book provides a distinctive answer to each of these questions, along the way engaging with the leading theorists identified in the literature as luck egalitarians, such as Richard Arneson, G. A. Cohen, and Ronald Dworkin, as well as the most influential critics, including Elizabeth Anderson, Marc Fleurbaey, Susan Hurley, Samuel Scheffler, and Jonathan Wolff.Key Features*Presents a critical survey of already classic debates about responsibility, equality and justice*Provides a sustained engagement with luck egalitarianism's critics*Stakes a distinctive position on the key questions regarding luck egalitarianism




In the Shadow of Justice


Book Description

"In the Shadow of Justice tells the story of how liberal political philosophy was transformed in the second half of the twentieth century under the influence of John Rawls. In this first-ever history of contemporary liberal theory, Katrina Forrester shows how liberal egalitarianism--a set of ideas about justice, equality, obligation, and the state--became dominant, and traces its emergence from the political and ideological context of the postwar United States and Britain. In the aftermath of the civil rights movement and the Vietnam War, Rawls's A Theory of Justice made a particular kind of liberalism essential to political philosophy. Using archival sources, Forrester explores the ascent and legacy of this form of liberalism by examining its origins in midcentury debates among American antistatists and British egalitarians. She traces the roots of contemporary theories of justice and inequality, civil disobedience, just war, global and intergenerational justice, and population ethics in the 1960s and '70s and beyond. In these years, political philosophers extended, developed, and reshaped this liberalism as they responded to challenges and alternatives on the left and right--from the New International Economic Order to the rise of the New Right. These thinkers remade political philosophy in ways that influenced not only their own trajectory but also that of their critics. Recasting the history of late twentieth-century political thought and providing novel interpretations and fresh perspectives on major political philosophers, In the Shadow of Justice offers a rigorous look at liberalism's ambitions and limits."--




The Paradigm of Justice


Book Description

This book deals with the fascinating debate over the concept of justice proposed by two contemporary thinkers, namely, John Rawls and Amartya Sen. Justice means what is just, but how do we know what is just? What would be the viable criterion to legitimize justice? Is justice objective or subjective? Is justice a matter of ontological issue or an issue of realization? What would be the paradigm of justice? These are some important issues discussed in the book. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka.




Justice and the Social Contract


Book Description

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence.