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.

Download or read book Responsibility and Distributive Justice written by Carl Knight and published by Oxford University Press. This book was released on 2011-03-03 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents new essays investigating a difficult theoretical and practical problem: how do we find a place for individual responsibility in a theory of distributive justice? Does what we choose affect what we deserve? Would making justice sensitive to responsibility give people what they deserve? Would it advance or hinder equality?

Download or read book Making All the Difference written by Martha Minow and published by Cornell University Press. This book was released on 2016-10-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,

Download or read book Rights Gone Wrong written by Richard Thompson Ford and published by Macmillan + ORM. This book was released on 2011-10-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

Download or read book Taking Responsibility Law and the Changing Family written by Heather Keating and published by Routledge. This book was released on 2016-04-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the impact that changing family norms have had on the responsibilities that the law allocates to people in family relationships. Contributions are drawn from a wide variety of jurisdictions in which scholars, lawyers, judges and policy-makers have been trying to discern what the appropriate correlation should be between the responsibilities that people undertake in family settings and the law that regulates family responsibilities. Part I looks at the changes that have occurred in adult relationships and what they have done for our sense of the family responsibilities that adults take for one another. Part II reflects on the changing nature of the parental relationship in order to reconsider the way in which changing family structures affect the responsibilities we think people raising children should have. The third part brings the rights discourse that has dominated jurisprudence for much of the last fifty years into the discussion of family transformation and the responsibilities to which it gives rise. In the final section the authors reflect on the difficulties of trying to resolve the meaning of responsibility in a world of changing families. The collection brings together some of the most eminent and imaginative scholars and judges working in this area. It will be a valuable resource for all those interested in the legal regulation of the transforming family.

Download or read book Responsibility and Justice written by Matt Matravers and published by John Wiley & Sons. This book was released on 2013-04-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively and accessible book, Matt Matravers considers the role of responsibility in politics, morality and the law. In recent years, responsibility has taken a central place in our lives. In politics, both Tony Blair and George W. Bush have claimed that individual responsibility is at the centre of their policy agendas. In morality and the law, it seems just that people should be rewarded or punished only for things for which they are responsible. Yet responsibility is a hotly contested concept. Some philosophers claim that it is impossible, while others insist on both its possibility and importance. This debate has become increasingly technical in the philosophical literature, but it is seldom connected to our practices of politics and the law. Matravers asks, What are we doing when we hold people responsible in deciding questions of distributive justice or of punishment?. By addressing this question, he not only shows how philosophy can help in thinking about current political and legal controversies, but also how we can keep hold of the idea of responsibility in an age in which we are increasingly impressed by the roles of genetics and environment in shaping us and our characters.

Download or read book Rights and Wrongs written by Susan Cary Nicholas and published by Feminist Press at CUNY. This book was released on 1986 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition text provides an update on issues pertinent to women's legal status in the U.S. Highlighted are discussions of the ERA, sexual harassment and domestic violence, sex based discrimination, affirmative action and the equal pay for work of comparable worth concept.

Download or read book Equality and Responsibility written by Christopher Lake and published by Oxford University Press, USA. This book was released on 2001-11-08 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arguments about distributive justice often take place around two ideas. One is that good should be distributed equally. The other is that how people fare in life should depend on what they are responsible for. The author asks what draws us to these two ideas and examines recent attempts by egalitarian thinkers to bring them together in a single distributive ideal. Underlying this ideal is the egalitarian intuition - the intuition that it is objectionable for some to be worse offthan others through no fault of their own. in a wide-ranging discussion, Lake tests that intuition from a variety of perspectives and points to the gaps in our current thinking about quality and individual responsibility.

Download or read book Marriage Equality written by William N. Eskridge, Jr. and published by Yale University Press. This book was released on 2020-08-18 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive history of the marriage equality debate in the United States, praised by Library Journal as "beautifully and accessibly written. . . . An essential work.” As a legal scholar who first argued in the early 1990s for a right to gay marriage, William N. Eskridge Jr. has been on the front lines of the debate over same‑sex marriage for decades. In this book, Eskridge and his coauthor, Christopher R. Riano, offer a panoramic and definitive history of America’s marriage equality debate. The authors explore the deeply religious, rabidly political, frequently administrative, and pervasively constitutional features of the debate and consider all angles of its dramatic history. While giving a full account of the legal and political issues, the authors never lose sight of the personal stories of the people involved, or of the central place the right to marry holds in a person’s ability to enjoy the dignity of full citizenship. This is not a triumphalist or one‑sided book but a thoughtful history of how the nation wrestled with an important question of moral and legal equality.

Download or read book Law s Judgement written by William Lucy and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Law's judgement -- Law's persons -- Fairness : responsibility, impartiality, equality -- Dignity -- Equality -- Community

Download or read book With Liberty and Justice for Some written by Glenn Greenwald and published by Macmillan + ORM. This book was released on 2011-11-11 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: From "the most important voice to have entered the political discourse in years" (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America From the nation's beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country's political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world. Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama's shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud. Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

Download or read book Responsible Selves written by Kevat Nousiainen and published by Routledge. This book was released on 2018-12-20 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. In the Nordic countries women are considered equal to men. Advanced social and economic rights are often given as the explanation for the equality. In this volume, Nordic feminist legal scholars give a more contradictory image of gender equality. The gendered construction of the legal subject and the legal understanding of gender have a two-pronged potential, both to change and to reproduce gender relations. Nordic women have been considered responsible for upholding the gendered social system - as "responsible selves" rather than as individuals engaged in rights discourse. The authors claim, with examples, that the belief in equality has made certain discriminative practices difficult to recognize and conceptualize. Also a transformation of the social welfare system puts the collective equality policies to the test.

Download or read book Deontology Responsibility and Equality written by Kasper Lippert-Rasmussen and published by Museum Tusculanum Press. This book was released on 2005 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three questions that loom large in moral and political philosophy are these: Can deontological moral constraints be justified? When, if ever, are we morally responsible for what we do? How is the ideal of equality best configured? Deontology, Responsibility and Equality deals with selected aspects of these three broad questions. It critically discusses certain attempts by Frances Kamm and Thomas Nagel (among others) to account for the impermissibility of minimizing violations in terms of moral status. Also, it challenges the view that there is a morally relevant difference between doing and allowing harm and, especially, between killing and letting die. In relation to the second question, it concentrates on recent developments within compatibilist accounts of moral responsibility prompted by the work of Harry Frankfurt. It challenges his purported refutation of the principle of alternative possibilities as well as certain positive compatibilist, identification- based accounts of respon

Download or read book Sovereign Virtue written by Ronald Dworkin and published by Harvard University Press. This book was released on 2000 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equality is the endangered species of political ideals. Even left-of-center politicians reject equality as an ideal: government must combat poverty, they say, but need not strive that its citizens be equal in any dimension. In his new book Ronald Dworkin insists, to the contrary, that equality is the indispensable virtue of democratic sovereignty. A legitimate government must treat all its citizens as equals, that is, with equal respect and concern, and, since the economic distribution that any society achieves is mainly the consequence of its system of law and policy, that requirement imposes serious egalitarian constraints on that distribution. What distribution of a nation's wealth is demanded by equal concern for all? Dworkin draws upon two fundamental humanist principles--first, it is of equal objective importance that all human lives flourish, and second, each person is responsible for defining and achieving the flourishing of his or her own life--to ground his well-known thesis that true equality means equality in the value of the resources that each person commands, not in the success he or she achieves. Equality, freedom, and individual responsibility are therefore not in conflict, but flow from and into one another as facets of the same humanist conception of life and politics. Since no abstract political theory can be understood except in the context of actual and complex political issues, Dworkin develops his thesis by applying it to heated contemporary controversies about the distribution of health care, unemployment benefits, campaign finance reform, affirmative action, assisted suicide, and genetic engineering.

Download or read book Natural Law and Justice written by Lloyd L. Weinreb and published by Harvard University Press. This book was released on 1987 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Law Vulnerability and the Responsive State written by Martha Albertson Fineman and published by Taylor & Francis. This book was released on 2023-10-09 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

Download or read book Rights Equality and Liberty written by Guido Pincione and published by Springer Science & Business Media. This book was released on 2000-03-31 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are moral rights? What role do they play in liberalism? Which rights do we have? Does the language of rights impose formal constraints? Which rights and duties does equality force us to acknowledge? Are rights universal or culture-bound? How should global institutions promote human rights? These are the central questions discussed in this volume. All the contributors are leading figures in moral, legal, or political philosophy, and their papers are published here for the first time. The reader will therefore find in this volume a unique opportunity to acquire a direct acquaintance with some of the most recent developments in the above fields. Although the general tone of the contributions is polemical and rigorous, most of the material will be useful to the specialized reader as well as to the university student.