Download or read book Impartiality Neutrality and Justice written by Paul Joseph Kelly and published by . This book was released on 1998 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice as Impartiality confronts issues at the heart of modern political philosophy. This work examines Barry's thesis, expanding the discussion beyond the text to wider issues at the centre of contemporary debates about the nature and theories of distributive justice. It brings together responses from a range of Barry's critics including feminists, utilitarians, mutual advantage theorists, care theorists and anti-contractarians.
Download or read book Impartiality Neutrality and justice as Fairness written by Alexandra Couto and published by . This book was released on 2004 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impartiality Neutrality and Justice written by Paul Kelly and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Barry's Justice as Impartiality confronts issues at the heart of modern political philosophy. This important collection examines various aspects of his argument and expands the discussion beyond the text to explore wider issues at the centre of contemporary debates about the nature and theories of distributive justice. It brings together responses from a wide range of Barry's critics including feminists, utilitarians, mutual advantage theorists, care theorists and anti-contractarians.Suitable for both undergraduates and academics working in political and legal theory, this text serves as an ideal companion volume to Barry's work. The expansion of each contributor's focus beyond the issues raised by Barry means this text also stands as a contribution to political thought in its own right.Key Features* Paperback edition published to meet demand for this book from lecturers teaching political philosophy, ethics, and justice courses*Includes detailed response to his critics from Brian Barry*Features contributions from leading international figures in the field including Richard Arneson, David Gauthier, Russell Hardin, Susan Mendus and Albert Weale*Serves both as a companion to Barry's Justice as Impartiality and as a new contribution to political thought*Offers an important reply to Barry by David Gauthier in which he defends his mutual advantage theory of morality
Download or read book Impartial Justice written by Eric T. Kasper and published by Lexington Books. This book was released on 2013-03-22 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution’s Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment’s promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court’s ultimate decisions in these cases.
Download or read book Impartiality Neutrality and Justice written by Paul Kelly and published by . This book was released on 1998 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian Barry's Justice as Impartiality confronts issues at the heart of modern political philosophy. This important collection examines various aspects of his argument and expands the discussion beyond the text to explore wider issues at the centre of contemporary debates about the nature and theories of distributive justice.
Download or read book Justice as Impartiality written by Brian Barry and published by Oxford University Press on Demand. This book was released on 1996 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standing against the trend towards relativism in political philosophy, this work offers a contemporary restatement of the Enlightenment idea that certain basic principles can validly claim the allegiance of every reasonable human being
Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Handbook of Humanitarian Law in Armed Conflicts written by Dieter Fleck and published by Oxford University Press, USA. This book was released on 1999 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.
Download or read book Imperfection and Impartiality written by Marcel L.J. Wissenburg and published by Routledge. This book was released on 2012-10-02 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text argues, from a liberal perspective, for a radical re- interpretation of existing ideas concerning social justice. Since the 1980s there has been debate between liberals and their critics, Concerning The Use Of Impartiality As A Notion On Which To Base Social theories of justice. In introducing an impartial standard of the right, the implications are often sexist, anthropocentric, capitalistic and oppressive. Wissenberg argues that this does not mean we should abandon the ideal of impartiality and defends the thesis that impartiality and the liberal project can be saved.; The book explores a liberal theory of Justice That Takes The Core Notion Of Impartiality Seriously; That Takes account of moral pluralism without trying to downgrade it or reduce it to the rank of a secondary problem; that argues for principles of justice Respecting Individual Notions Of The Good Life Rather Than Reformulating them in terms of one universal measure of the good or the right; that cherishes plurality, diversity and tolerance instead of uniformity and moral indifference.
Download or read book Humanitarianism and the Quantification of Human Needs written by Joël Glasman and published by Routledge. This book was released on 2020-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a historical inquiry into the quantification of needs in humanitarian assistance. Needs are increasingly seen as the lowest common denominator of humanity. Standard definitions of basic needs, however, set a minimalist version of humanity – both in the sense that they are narrow in what they compare, and that they set a low bar for satisfaction. The book argues that we cannot understand humanitarian governance if we do not understand how humanitarian agencies made human suffering commensurable across borders in the first place. The book identifies four basic elements of needs: As a concept, as a system of classification and triage, as a material apparatus, and as a set of standards. Drawing on a range of archival sources, including the United Nations Refugee Agency (UNHCR), Médecins sans Frontières (MSF), and the Sphere Project, the book traces the concept of needs from its emergence in the 1960s right through to the present day, and United Nations Secretary-General Ban Ki-moon’s call for “evidence-based humanitarianism.” Finally, the book assesses how the international governmentality of needs has played out in a recent humanitarian crisis, drawing on field research on Central African refugees in the Cameroonian borderland in 2014–2016. This important historical inquiry into the universal nature of human suffering will be an important read for humanitarian researchers and practitioners, as well as readers with an interest in international history and development.
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.
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Download or read book Humanitarian Ethics written by Hugo Slim and published by Oxford University Press. This book was released on 2015-01-09 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarians are required to be impartial, independent, professionally competent and focused only on preventing and alleviating human suffering. It can be hard living up to these principles when others do not share them, while persuading political and military authorities and non-state actors to let an agency assist on the ground requires savvy ethical skills. Getting first to a conflict or natural catastrophe is only the beginning, as aid workers are usually and immediately presented with practical and moral questions about what to do next. For example, when does working closely with a warring party or an immoral regime move from practical cooperation to complicity in human rights violations? Should one operate in camps for displaced people and refugees if they are effectively places of internment? Do humanitarian agencies inadvertently encourage ethnic cleansing by always being ready to 'mop-up' the consequences of scorched earth warfare? This book has been written to help humanitarians assess and respond to these and other ethical dilemmas.
Download or read book Neutrality in Contemporary International Law written by James Upcher and published by Oxford Monographs in Internati. This book was released on 2020-01-19 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
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.
Download or read book Philosophy of Law written by Raymond Wacks and published by Oxford University Press. This book was released on 2014-02 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Raymond Wacks reveals the intriguing and challenging nature of legal philosophy, exploring the notion of law and its role in our lives. He refers to key thinkers from Aristotle to Rawls, from Bentham to Derrida and looks at the central questions behind legal theory, and law's relation to justice, morality, and democracy.
Download or read book A Theory of Justice written by John RAWLS and published by Harvard University Press. This book was released on 2009-06-30 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
