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Corrective And Distributive Justice
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Book Synopsis Corrective and Distributive Justice by : Izhak Englard
Download or read book Corrective and Distributive Justice written by Izhak Englard and published by Oxford University Press. This book was released on 2009-02-17 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corrective and Distributive Justice: From Aristotle to Modern Times retraces the intricate history of the distinction between corrective and distributive justice. This distinction is elaborated in the 5th book of Aristotle's Nicomachean Ethics, which was rediscovered in Western Europe in the 12th and 13th centuries by the Scholastics and turned into a central topic in legal and theological scholarship. After a decline of interest in the wake of the enlightenment and secularization, a surprising revival of these notions of justice occurred in U.S. legal and philosophical discourse during the last four decades that has made this distinction a central issue in tort law, restitution and other important fields of private and public law. In literally hundreds of articles and a considerable number of books, the Aristotelian distinction has been elaborated, discussed, and applied. Englard's unique contribution to this aspect of legal history grants the contemporary reader a historical perspective that is vital for a deepened understanding of the distinction and modern concerns. Organized chronologically, Englard's research covers: Aristotle, High Scholastics, Late Scholastics, Post-Scholastics, and Modernity. The relevant literature is notoriously difficult to access, not only because of its Latin language, but because of the physical rarity of the relevant books scattered throughout the world. This book offers the modern reader a touchstone synthesis of intellectual and legal history.
Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by OUP Oxford. This book was released on 2012-09-20 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
Book Synopsis Torts, Egalitarianism and Distributive Justice by : Tsachi Keren-Paz
Download or read book Torts, Egalitarianism and Distributive Justice written by Tsachi Keren-Paz and published by Routledge. This book was released on 2018-12-20 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.
Book Synopsis A Short History of Distributive Justice by : Samuel Fleischacker
Download or read book A Short History of Distributive Justice written by Samuel Fleischacker and published by Harvard University Press. This book was released on 2005-09-06 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributive justice in its modern sense calls on the state to guarantee that everyone is supplied with a certain level of material means. Samuel Fleischacker argues that guaranteeing aid to the poor is a modern idea, developed only in the last two centuries. Earlier notions of justice, including Aristotle's, were concerned with the distribution of political office, not of property. It was only in the eighteenth century, in the work of philosophers such as Adam Smith and Immanuel Kant, that justice began to be applied to the problem of poverty. To attribute a longer pedigree to distributive justice is to fail to distinguish between justice and charity. Fleischacker explains how confusing these principles has created misconceptions about the historical development of the welfare state. Socialists, for instance, often claim that modern economics obliterated ancient ideals of equality and social justice. Free-market promoters agree but applaud the apparent triumph of skepticism and social-scientific rigor. Both interpretations overlook the gradual changes in thinking that yielded our current assumption that justice calls for everyone, if possible, to be lifted out of poverty. By examining major writings in ancient, medieval, and modern political philosophy, Fleischacker shows how we arrived at the contemporary meaning of distributive justice.
Book Synopsis Litigating Socio-economic Rights in South Africa by : Christopher Mbazira
Download or read book Litigating Socio-economic Rights in South Africa written by Christopher Mbazira and published by PULP. This book was released on 2009 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating Socio-Economic Rights in South Africa: A choice between corrective and distributive justiceby Christopher Mbazira2009ISBN: 978-0-9814124-7-4Pages: viii 273Print version: AvailableElectronic version: Free PDF available.
Book Synopsis Equality, Responsibility, and the Law by : Arthur Ripstein
Download or read book Equality, Responsibility, and the Law written by Arthur Ripstein and published by Cambridge University Press. This book was released on 2001-03-12 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice.
Book Synopsis A Brief History of Justice by : David Johnston
Download or read book A Brief History of Justice written by David Johnston and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brief History of Justice traces the development of the idea of justice from the ancient world until the present day, with special attention to the emergence of the modern idea of social justice. An accessible introduction to the history of ideas about justice Shows how complex ideas are anchored in ordinary intuitions about justice Traces the emergence of the idea of social justice Identifies connections as well as differences between distributive and corrective justice Offers accessible, concise introductions to the thought of several leading figures and schools of thought in the history of philosophy
Book Synopsis Risks and Wrongs by : Jules L. Coleman
Download or read book Risks and Wrongs written by Jules L. Coleman and published by CUP Archive. This book was released on 1992-11-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
Book Synopsis Corrective Justice by : Ernest J. Weinrib
Download or read book Corrective Justice written by Ernest J. Weinrib and published by Oxford University Press. This book was released on 2012-09-20 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law governs our most pervasive relationships: the wrongs we do one another, the contracts we make and break, and the property we own. This book analyses the deepest questions about the law's foundations, showing how a distinctive notion of justice, 'corrective justice', describes the special morality intrinsic to private law.
Book Synopsis The Oxford Handbook of Distributive Justice by : Serena Olsaretti
Download or read book The Oxford Handbook of Distributive Justice written by Serena Olsaretti and published by Oxford University Press. This book was released on 2018 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-eight leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.
Book Synopsis From Personal Life to Private Law by : John Gardner
Download or read book From Personal Life to Private Law written by John Gardner and published by Oxford University Press. This book was released on 2018 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book ... is a descendant of my eponymous Quain Lectures, delivered at University College London in 2014"--Preface.
Book Synopsis Current Societal Concerns about Justice by : Leo Montada
Download or read book Current Societal Concerns about Justice written by Leo Montada and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does justice play in the formation of public opinion and the scholarly debates about social problems? Does the perception of injustice force problems to appear on the political agenda? Does the perception of an injustice give momentum to social change? Or are violations of self-interest or threats to one's material welfare the more important factors? Or are empathy-driven concerns for the needy and the disadvan taged motivations to solve societal problems? What is known about the role justice concerns play in leadership? In several chapters of this volume, justice concerns and justice motives are viewed in relation to other concerns and motivations; welfare, self-interest, altruism. It is argued that the consensus of political theorists converges on mutual advantage as the main criterion of acceptable solutions to solving socie tal problems. In economics, self-interest is considered the driving force and provides the criterion of acceptable solutions. Sociological and social psychological exchange theories share these basic assumptions. Thus, questions are raised and answered concerning how justice and these other important motives appear in the analyses of societal prob lems and the search for solutions. Moreover, in addition to the issue of conflicting motives-self interest, altruism, justice-it is commonly recognized that the definition of what is just and what is unjust is open to question. In public as well as in scientific dialogues, diverging views about justice have to be integrated or decided upon.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Exhibitions for Social Justice by : Elena Gonzales
Download or read book Exhibitions for Social Justice written by Elena Gonzales and published by Routledge. This book was released on 2019-07-17 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exhibitions for Social Justice assesses the state of curatorial work for social justice in the Americas and Europe today. Analyzing best practices and new curatorial work to support all those working on exhibitions, Gonzales expounds curatorial practices that lie at the nexus of contemporary museology and neurology. From sharing authority, to inspiring action and building solidarity, the book demonstrates how curators can make the most of visitors’ physical and mental experience of exhibitions. Drawing on ethnographic and archival work at over twenty institutions with nearly eighty museum professionals, as well as scholarship in the public humanities, visual culture, cultural studies, memory studies, and brain science, this project steps back from the detailed institutional histories of how exhibitions come to be. Instead, it builds a set of curatorial practices by examining the work behind the finished product in the gallery. Demonstrating that museums have the power to help our society become more hospitable, equitable, and sustainable, Exhibitions for Social Justice will be of interest to scholars and students of museum and heritage studies, gallery studies, arts and heritage management, and politics. It will also be valuable reading for museum professionals and anyone else working with exhibitions who is looking for guidance on how to ensure their work attains maximum impact.
Book Synopsis Compensatory Justice by : John W. Chapman
Download or read book Compensatory Justice written by John W. Chapman and published by NYU Press. This book was released on 1991-09-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Download or read book Equal Justice written by Eric Rakowski and published by Oxford University Press, USA. This book was released on 1991 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.
Book Synopsis Torts and Other Wrongs by : John Gardner
Download or read book Torts and Other Wrongs written by John Gardner and published by Oxford University Press. This book was released on 2019-12-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.
