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| Author | : Rainer Forst |
| Publisher | : Univ of California Press |
| Total Pages | : 359 |
| Release | : 2002-02-27 |
| Genre | : Law |
| ISBN | : 0520232259 |
This text offers an intervention into the debate between communitarianism and liberalism. It argues for a theory of "contexts of justice" that leads beyond the confines of the debate as it has been understood and posits the possibility of a new conception of social and political justice.
| Author | : Rainer Forst |
| Publisher | : Columbia University Press |
| Total Pages | : 370 |
| Release | : 2012 |
| Genre | : Law |
| ISBN | : 0231147082 |
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.
| Author | : John RAWLS |
| Publisher | : Harvard University Press |
| Total Pages | : 624 |
| Release | : 2009-06-30 |
| Genre | : Philosophy |
| ISBN | : 0674042603 |
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.
| Author | : Katrina Forrester |
| Publisher | : Princeton University Press |
| Total Pages | : 427 |
| Release | : 2021-03-09 |
| Genre | : Philosophy |
| ISBN | : 0691216754 |
"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."--
| Author | : Rainer Forst |
| Publisher | : Univ of California Press |
| Total Pages | : 364 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9780520214088 |
"Contexts of Justice is a study that covers and definitely exhausts the whole range of ten years of one of the most important recent philosophical discussions, that between liberals and communitarians."--Jurgen Habermas, author of Structural Transformation of the Public Sphere "Forst addresses with great insight and acuity the debates over justice between liberals and communitarians that animated the late '80s and '90s...He uses no jargon, he reasons well, his arguments are strong, clear, and accesssible, and he avoids political correctness as well as its opposite."--Andrew Arato, author of Civil Society, Constitution, and Legitimacy
| Author | : David Johnston |
| Publisher | : John Wiley & Sons |
| Total Pages | : 229 |
| Release | : 2011-03-08 |
| Genre | : Philosophy |
| ISBN | : 1444397540 |
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
| Author | : Anna CohenMiller |
| Publisher | : Routledge |
| Total Pages | : 194 |
| Release | : 2021-10-26 |
| Genre | : Social Science |
| ISBN | : 1000461548 |
Questions in Qualitative Social Justice Research in Multicultural Contexts take readers on an accessible and inspiring journey to critically self-reflect on current or future research practices to encourage and facilitate greater equity, inclusion, and social justice in qualitative research. In a diverse world, "doing" qualitative research needs unpacking and developing awareness of interconnected perspectives and challenges. However, as researchers, there is not always a chance to fully prepare or self-reflect on the processes and experiences. This book raises awareness of key multidimensional aspects of social justice, such as power, privilege, trust, insider-outsiderness, ethics, arts-based, co-produced, and decolonial research. The authors connect theory and conceptual constructs with practical in-field realities, guiding researchers through the dynamic, evolving steps to give voice to and promote social justice practices in research. The book includes the following features to guide thinking for researchers and students: Bolded key terms and questions for self-reflection. Boxed case studies from both top international scholars and emerging scholars. Glossary of key terms. This foundational book can be used as a jumping-off point to engage and critically self-reflect about research moving us towards decolonizing research practice, creating more inclusive, equitable, and socially just research. It will be suitable for upper-level and postgraduate students and all researchers interested in qualitative methods in education and the social and behavioral sciences.
| Author | : Michael Adler |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 542 |
| Release | : 2010-04-30 |
| Genre | : Law |
| ISBN | : 1847317537 |
This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
| Author | : Leonardo de Oliveira |
| Publisher | : Kluwer Law International |
| Total Pages | : 368 |
| Release | : 2020-11-17 |
| Genre | : |
| ISBN | : 9789403506913 |
Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
| Author | : Mathias Risse |
| Publisher | : Cambridge University Press |
| Total Pages | : 449 |
| Release | : 2020-09-10 |
| Genre | : Law |
| ISBN | : 1108481973 |
This unifying proposal for understanding distributive justice discourse across cultures sheds light on how best to understand political philosophy.
