Justice, Democracy and Reasonable Agreement

Justice, Democracy and Reasonable Agreement
Author: C. Farrelly
Publisher: Springer
Total Pages: 270
Release: 2007-10-17
Genre: Political Science
ISBN: 0230596878

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Farrelly argues against the principled paradigm of ideal theory and champions instead a virtue-oriented theory of justice entitled 'civic liberalism'. He critically assesses the main contemporary theories of justice and tackles a number of applied topics, ranging from constitutional design and free speech to welfare reform and economic incentives.

Reasonable Democracy

Reasonable Democracy
Author: Simone Chambers
Publisher: Cornell University Press
Total Pages: 264
Release: 2018-10-18
Genre: Philosophy
ISBN: 1501722549

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In Reasonable Democracy, Simone Chambers describes, explains, and defends a discursive politics inspired by the work of Jürgen Habermas. In addition to comparing Habermas's ideas with other non-Kantian liberal theories in clear and accessible prose, Chambers develops her own views regarding the role of discourse and its importance within liberal democracies.Beginning with a deceptively simple question—"Why is talking better than fighting?"—Chambers explains how the idea of talking provides a rich and compelling view of morality, rationality, and political stability. She considers talking as a way for people to respect each other as moral agents, as a way to reach reasonable and legitimate solutions to disputes, and as a way to reproduce and strengthen shared understandings. In the course of this argument, she defends modern universalist ethics, communicative rationality, and what she calls a "discursive political culture," a concept that locates the political power of discourse and deliberation not so much in institutions of democratic decision-making as in the type of conversations that go on around these institutions. While discourse and deliberation cannot replace voting, bargaining, or compromise, Chambers argues, it is important to maintain a background moral conversation in which to anchor other activities.As an extended case study, Chambers examines the conversation about language rights that has been taking place for more than twenty years in Quebec. A culture of dialogue, she shows, has proved a positive and powerful force in resolving some of the disagreements between the two linguistic communities there.

Could a Fair Price Rule (or Its Absence) be Unjust? On the Relationship Between Contract Law, Justice and Democracy

Could a Fair Price Rule (or Its Absence) be Unjust? On the Relationship Between Contract Law, Justice and Democracy
Author: Martijn W. Hesselink
Publisher:
Total Pages: 9
Release: 2016
Genre:
ISBN:

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This paper discusses the relationship between contract law and justice. In particular, it addresses the question whether the presence or absence of an unfair price rule could make a system of contract law, and thus the society to which it belongs, become unjust. The question is not merely a theoretical one; it is also practically relevant. Earlier this year, the European Parliament, in first reading, adopted two amendments to the European Commission's proposal for a Common European Sales Law (CESL) to the effect that the unfairness control of contract terms be extended both to the adequacy of the price and to individually negotiated terms. The combined effect of these two amendments, if endorsed by the Council, would be that under the CESL, unfair prices, even if they resulted from individual negotiation, would become non-binding on consumers. This would amount to the introduction of a iustum pretium rule for business-to-consumer (B2C) contracts into European contract law. The main argument of the paper is that principles of justice that would be reasonably acceptable to all, as they should be in a society like our own which is characterised by a reasonable pluralism of worldviews, are unlikely either to prohibit or require an unfair-price rule, while the main existing substantive theories of justice that do clearly require such a rule (eg in the name of the virtue of corrective justice) or proscribe it (eg because of the value of liberty), are too partisan ('too thick') to be acceptable to citizens holding different reasonable worldviews. This means that a contract law can be just whether or not in contains an unfair price rule. As a result, the question whether our contract law should contain a fair price doctrine remains a matter for the legitimate democratic lawmaker to decide upon, in a debate where also controversial worldviews are admitted. The more procedural ('thinner') principles of justice will still require that the law can (and will at some point) be justified in non-sectarian terms, but given that such more neutral grounds are readily available on either side of the debate, both the presence and the absence of a fair price rule is compatible with a legitimate and just contract law regime.

Legitimacy, Justice and Public International Law

Legitimacy, Justice and Public International Law
Author: Lukas H. Meyer
Publisher: Cambridge University Press
Total Pages: 333
Release: 2009-11-12
Genre: Law
ISBN: 0521199492

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"Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.

A Theory of Justice

A Theory of Justice
Author: John RAWLS
Publisher: Harvard University Press
Total Pages: 624
Release: 2009-06-30
Genre: Philosophy
ISBN: 0674042603

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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.

Justice and Democracy

Justice and Democracy
Author: Brian Barry
Publisher: Cambridge University Press
Total Pages: 254
Release: 2004-08-19
Genre: Law
ISBN: 9780521545433

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Justice in Transactions

Justice in Transactions
Author: Peter Benson
Publisher: Harvard University Press
Total Pages: 625
Release: 2019-12-03
Genre: Law
ISBN: 0674237595

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Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Justice and the Social Contract

Justice and the Social Contract
Author: Samuel Freeman
Publisher: Oxford University Press
Total Pages: 353
Release: 2009-04-24
Genre: Philosophy
ISBN: 0199725063

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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.

Political Liberalism

Political Liberalism
Author: John Rawls
Publisher: Columbia University Press
Total Pages: 588
Release: 2005-03-24
Genre: Philosophy
ISBN: 0231527535

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This book continues and revises the ideas of justice as fairness that John Rawls presented in A Theory of Justice but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines—religious, philosophical, and moral—coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise Political Liberalism, which were cut short by his death. "An extraordinary well-reasoned commentary on A Theory of Justice...a decisive turn towards political philosophy." —Times Literary Supplement

Judicial Power

Judicial Power
Author: Christine Landfried
Publisher: Cambridge University Press
Total Pages: 411
Release: 2019-02-07
Genre: Law
ISBN: 1316999084

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.