Natural Justice

Natural Justice
Title Natural Justice PDF eBook
Author Ken Binmore
Publisher Oxford University Press
Pages 225
Release 2005-03-17
Genre Business & Economics
ISBN 0198039646

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This book lays out foundations for a "science of morals." Binmore uses game theory as a systematic tool for investigating ethical matters. He reinterprets classical social contract ideas within a game-theory framework and generates new insights into the fundamental questions of social philosophy. In contrast to the previous writing in moral philosophy that relied on vague notion such as " societal well-being" and "moral duty," Binmore begins with individuals; rational decision-makers with the ability to empathize with one another. Any social arrangement that prescribes them to act against their interests will become unstable and eventually will be replaced by another, until one is found that includes worthwhile actions for all individuals involved.

Natural Law and Justice

Natural Law and Justice
Title Natural Law and Justice PDF eBook
Author Lloyd L. Weinreb
Publisher Harvard University Press
Pages 340
Release 1987
Genre Law
ISBN 9780674604261

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"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally.

Natural Law in Court

Natural Law in Court
Title Natural Law in Court PDF eBook
Author R. H. Helmholz
Publisher Harvard University Press
Pages 285
Release 2015-06-08
Genre Law
ISBN 0674504615

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The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.

Natural Justice

Natural Justice
Title Natural Justice PDF eBook
Author Geoffrey A. Flick
Publisher Butterworth-Heinemann
Pages 264
Release 1984
Genre Law
ISBN

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Aristotle and Natural Law

Aristotle and Natural Law
Title Aristotle and Natural Law PDF eBook
Author Tony Burns
Publisher Bloomsbury Publishing
Pages 225
Release 2011-10-27
Genre Philosophy
ISBN 1441107169

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Aristotle and Natural Law lays out a new theoretical approach which distinguishes between the notions of 'interpretation,' 'appropriation,' 'negotiation' and 'reconstruction' of the meaning of texts and their component concepts. These categories are then deployed in an examination of the role which the concept of natural law is used by Aristotle in a number of key texts. The book argues that Aristotle appropriated the concept of natural law, first formulated by the defenders of naturalism in the 'nature versus convention debate' in classical Athens. Thereby he contributed to the emergence and historical evolution of the meaning of one of the most important concept in the lexicon of Western political thought. Aristotle and Natural Law argues that Aristotle's ethics is best seen as a certain type of natural law theory which does not allow for the possibility that individuals might appeal to natural law in order to criticize existing laws and institutions. Rather its function is to provide them with a philosophical justification from the standpoint of Aristotle's metaphysics.

Justice and Natural Resources

Justice and Natural Resources
Title Justice and Natural Resources PDF eBook
Author Kathryn Mutz
Publisher
Pages 416
Release 2002
Genre Law
ISBN

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Just over two decades ago, research findings that environmentally hazardous facilities were more likely to be sited near poor and minority communities gave rise to the environmental justice movement. Yet inequitable distribution of the burdens of industrial facilities and pollution is only half of the problem; poor and minority communities are often denied the benefits of natural resources and can suffer disproportionate harm from decisions about their management and use. Justice and Natural Resources is the first book devoted to exploring the concept of environmental justice in the realm of natural resources. Contributors consider how decisions about the management and use of natural resources can exacerbate social injustice and the problems of disadvantaged communities. Looking at issues that are predominantly rural and western -- many of them involving Indian reservations, public lands, and resource development activities -- it offers a new and more expansive view of environmental justice. The book begins by delineating the key conceptual dimensions of environmental justice in the natural resource arena. Following the conceptual chapters are contributions that examine the application of environmental justice in natural resource decision-making. Chapters examine: how natural resource management can affect a range of stakeholders quite differently, distributing benefits to some and burdens to others the potential for using civil rights laws to address damage to natural and cultural resources the unique status of Native American environmental justice claims parallels between domestic and international environmental justice how authority under existing environmental law can be used by Federal regulators and communities to address a broad spectrum of environmental justice concerns Justice and Natural Resources offers a concise overview of the field of environmental justice and a set of frameworks for understanding it. It expands the previously urban and industrial scope of the movement to include distribution of the burdens and access to the benefits of natural resources, broadening environmental justice to a truly nationwide concern.

Justice, Nature and the Geography of Difference

Justice, Nature and the Geography of Difference
Title Justice, Nature and the Geography of Difference PDF eBook
Author David Harvey
Publisher Wiley-Blackwell
Pages 480
Release 1997-01-23
Genre Social Science
ISBN 9781557866813

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This book engages with the politics of social and environmental justice, and seeks new ways to think about the future of urbanization in the twenty-first century. It establishes foundational concepts for understanding how space, time, place and nature - the material frames of daily life - are constituted and represented through social practices, not as separate elements but in relation to each other. It describes how geographical differences are produced, and shows how they then become fundamental to the exploration of political, economic and ecological alternatives to contemporary life. The book is divided into four parts. Part I describes the problematic nature of action and analysis at different scales of time and space, and introduces the reader to the modes of dialectical thinking and discourse which are used throughout the remainder of the work. Part II examines how "nature" and "environment" have been understood and valued in relation to processes of social change and seeks, from this basis, to make sense of contemporary environmental issues. Part III, is a wide-ranging discussion of history, geography and culture, explores the meaning of the social "production" of space and time, and clarifies problems related to "otherness" and "difference". The final part of the book deploys the foundational arguments the author has established to consider contemporary problems of social justice that have resulted from recent changes in geographical divisions of labor, in the environment, and in the pace and quality of urbanization. Justice, Nature and the Geography of Difference speaks to a wide readership of students of social, cultural and spatial theory and of the dynamics of contemporary life. It is a convincing demonstration that it is both possible and necessary to value difference and to seek a just social order.