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Impartiality In Context
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Book Synopsis Impartiality in Context by : Shane O'Neill
Download or read book Impartiality in Context written by Shane O'Neill and published by State University of New York Press. This book was released on 1997-07-10 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Shane O'Neill argues that the theory of justice must take seriously two dimensions of pluralism in the modern world. While it must acknowledge the plurality of individual conceptions of the good that is characteristic of every modern society, it must also reckon with the plurality of historically unique, culturally specific, political societies. O'Neill offers a distinctive perspective on an extremely significant current debate about universalism and particularism in political philosophy. Justice, he maintains, must be understood both in terms of an impartial point of view that respects differing conceptions of the good and in relation to the particular contexts in which disputes about norms and principles arise. Liberals, most notably John Rawls, have tended to privilege the former aspect of justice, while communitarians, especially Michael Walzer, have stressed the latter. O'Neill shows how Habermas's discourse ethics can overcome the limitations of these alternatives by providing theoretical tools that allow us to ground impartiality in particular contexts. This position is developed through an exploration of the complementary roles of moral and ethical discourses and an application of the theory to the political conflict in Northern Ireland. This careful and detailed philosophical argument offers a valuable critical introduction to a range of important topics, including the communitarian critique of liberalism, feminist perspectives on justice, the interpretive turn in political philosophy, the theory of communicative action, the dynamics of a discursive democracy, and the politics of recognition.
Book Synopsis Impartiality in Context by : Shane O'Neill
Download or read book Impartiality in Context written by Shane O'Neill and published by SUNY Press. This book was released on 1997-07-10 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses critically the work of Rawls, Walzer, and Habermas and presents a theory of justice that responds to two senses of pluralism.
Book Synopsis The Possibility of Impartiality by : William Lucy
Download or read book The Possibility of Impartiality written by William Lucy and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay offers a general account of the idea of impartiality and examines the senses in which adjudication is and is not impartial. Against those who would derive an account of impartiality from more general moral or political theories, the essay shows that ordinary thought embodies a coherent and reasonably rich conception of impartiality, some of the principal features of which are also in play in adjudication. Against those who claim that impartiality in adjudication is impossible or illusory, it is argued that there are some meaningful senses in which adjudication is indeed impartial. The essay concludes that in the adjudicative context impartiality might even be considered a virtue, albeit a limited one.
Book Synopsis Taking Sides in Peacekeeping by : Emily Paddon Rhoads
Download or read book Taking Sides in Peacekeeping written by Emily Paddon Rhoads and published by Oxford University Press. This book was released on 2016 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: United Nations peacekeeping constitutes the second largest military deployment around the world, and the organization's flagship enterprise. Once responsible simply for the job of observing frontiers and monitoring ceasefire agreements, UN missions are now frequently charged with the far more daunting task of 'robust' intervention- penalizing spoilers of peace and protecting civilians from peril. Taking Sides in Peacekeeping explores this transformationand its implications through the first comprehensive conceptual and empirical study of impartiality, a norm long considered to be the bedrock of UN peacekeeping. It reveals how a change in the dominantunderstanding of impartiality has politicized peacekeeping and, in some cases, effectively converted UN forces into one warring party among many. The book incorporates a large body of primary evidence and draws on extensive fieldwork in the Democratic Republic of the Congo, site of the biggest and costliest mission in UN history (1999-2015).
Book Synopsis How Judges Think by : Richard A. Posner
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Book Synopsis The Impartial Spectator by : D. D. Raphael
Download or read book The Impartial Spectator written by D. D. Raphael and published by Clarendon Press. This book was released on 2007-01-25 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: D. D. Raphael provides a critical account of the moral philosophy of Adam Smith, presented in his first book, The Theory of Moral Sentiments. Whilst it does not have the same prominence in its field as his work on economics, The Wealth of Nations, Smith's writing on ethics is of continuing importance and interest today, especially for its theory of conscience. Smith sees the origin of conscience in the sympathetic and antipathetic feelings of spectators. As spectators of the actions of other people, we can imagine how we would feel in their situation. If we would share their motives, we approve of their action. If not, we disapprove. When we ourselves take an action, we know from experience what spectators would feel, approval or disapproval. That knowledge forms conscience, an imagined impartial spectator who tells us whether an action is right or wrong. In describing the content of moral judgement, Smith is much influenced by Stoic ethics, with an emphasis on self-command, but he voices criticism as well as praise. His own position is a combination of Stoic and Christian values. There is a substantial difference between the first five editions of the Moral Sentiments and the sixth. Failure to take account of this has led some commentators to mistaken views about the supposed youthful idealism of the Moral Sentiments as contrasted with the mature realism of The Wealth of Nations. A further source of error has been the supposition that Smith treats sympathy as the motive of moral action, as contrasted with the supposedly universal motive of self-interest in The Wealth of Nations.
Book Synopsis A Theory of Mediators' Ethics by : Omer Shapira
Download or read book A Theory of Mediators' Ethics written by Omer Shapira and published by Cambridge University Press. This book was released on 2016-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309452961 Total Pages :583 pages Book Rating :4.3/5 (94 download)
Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Book Synopsis The Independence and Impartiality of ICSID Arbitrators by : Maria Nicole Cleis
Download or read book The Independence and Impartiality of ICSID Arbitrators written by Maria Nicole Cleis and published by BRILL. This book was released on 2017-06-06 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legitimacy of investor-State arbitration is a much-debated topic, with arbitrators’ independence and impartiality being one of the core concerns. In The Independence and Impartiality of ICSID Arbitrators, Maria Nicole Cleis explores how unbiased decision-making is ensured under the ICSID Convention. Juxtaposing existing disqualification decisions in the ICSID system against corresponding requirements in related dispute settlement systems, the book convincingly argues that the current approach to disqualification requests against ICSID arbitrators is too exacting in light of the high stakes of investor-State disputes. The author’s nuanced analysis of the status quo is followed by novel suggestions for reforms (including a proposal for ICSID-specific guidelines on conflict of interest), making the book a valuable source of ideas on constructive paths forward.
Book Synopsis The Ethics of Care by : Virginia Held
Download or read book The Ethics of Care written by Virginia Held and published by Oxford University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author assesses the ethics of care as a promising alternative to the familiar moral theories that serve so inadequately to guide our lives. Held examines what we mean by care and focuses on caring relationships. She also looks at the potential of care for dealing with social issues and global problems.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Administrative Law by : Mark Elliott
Download or read book Administrative Law written by Mark Elliott and published by Oxford University Press. This book was released on 2017 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. The result is a fascinating account of a subject of crucial importance. Online Resource Centre The book is supported by online an Online Resource Centre, offering the following useful resources: -Updates which cover all the legal developments since publication -'Oxford NewsNow' RSS feeds provide constantly refreshed links to the latest relevant new stories -Interactive timeline of key dates in British political history -Annotated web links
Book Synopsis Partiality and Justice in Nursing Care by : Marita Nordhaug
Download or read book Partiality and Justice in Nursing Care written by Marita Nordhaug and published by Routledge. This book was released on 2019-05-07 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Partiality and Justice in Nursing Careexamines the conflicting normative claims of partiality and impartiality in nursing care, looking in depth at how to reconcile reasonable concerns for one particular patient with equally important concerns for the maximisation of health-related welfare for all with relevant nursing-care needs, in a resource-limited setting. Drawing on moral philosophy, this book explores how discussions of partiality and impartiality in moral philosophy can have relevance to the professional context of clinical nursing care as well as in nursing ethics in general. It develops a framework for normative nursing ethics that incorporates a notion of permissible partiality, and specifies which concerns an ethics of nursing care should entail when balancing partialist and impartialist concerns. At the same time, Nordhaug argues that this partiality must also be constrained by both principled and context-sensitive assessments of patients' needs, as well as of the role-relative deontological restriction of minimising harm, something that could be mitigated by institutional and organisational arrangements. This thought-provoking volume is an important contribution to nursing ethics and philosophy. ents of patients' needs, as well as of the role-relative deontological restriction of minimising harm, something that could be mitigated by institutional and organisational arrangements. This thought-provoking volume is an important contribution to nursing ethics and philosophy.
Book Synopsis The Oxford Handbook of Freedom by : David Schmidtz
Download or read book The Oxford Handbook of Freedom written by David Schmidtz and published by Oxford University Press. This book was released on 2018-02-01 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: We speak of being 'free' to speak our minds, free to go to college, free to move about; we can be cancer-free, debt-free, worry-free, or free from doubt. The concept of freedom (and relatedly the notion of liberty) is ubiquitous but not everyone agrees what the term means, and the philosophical analysis of freedom that has grown over the last two decades has revealed it to be a complex notion whose meaning is dependent on the context. The Oxford Handbook of Freedom will crystallize this work and craft the first wide-ranging analysis of freedom in all its dimensions: legal, cultural, religious, economic, political, and psychological. This volume includes 28 new essays by well regarded philosophers, as well some historians and political theorists, in order to reflect the breadth of the topic. This handbook covers both current scholarship as well as historical trends, with an overall eye to how current ideas on freedom developed. The volume is divided into six sections: conceptual frames (framing the overall debates about freedom), historical frames (freedom in key historical periods, from the ancients onward), institutional frames (freedom and the law), cultural frames (mutual expectations on our 'right' to be free), economic frames (freedom and the market), and lastly psychological frames (free will in philosophy and psychology).
Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee
Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Book Synopsis Bias Challenges in International Commercial Arbitration by : Sam Luttrell
Download or read book Bias Challenges in International Commercial Arbitration written by Sam Luttrell and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.
Book Synopsis Taking Rights Seriously by : Ronald Dworkin
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Harvard University Press. This book was released on 2018-06-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
