This volume consists of nine substantial papers and an introduction by the editors on justice and health care. The first five papers are primarily concerned with the state of health care in the USA while the authors of the remaining papers address issues related to Canadian and European systems of health care.

Limited resources and rationing are "buzz words" today in health care across the globe. This book, a collection of essays that discuss particular problems relating to health care allocation in the light of experiences drawn from a number of jurisdictions, is thus a timely publication.

Tianxia--conventionally translated as "all-under-Heaven"--in everyday Chinese parlance simply means "the world." But tianxia is also a geopolitical term found in canonical writings that has a deeper historical and philosophical significance. Although there are many understandings of tianxia in this literature, interpretations within the Chinese process cosmology generally begin with an ecological understanding of intra-national relations that acknowledge the mutuality and interdependence of all economic and political activity. This volume contextualizes the tianxia vision of geopolitical order within a variety of strategies (...) drawn from a broad spectrum of cultures and peoples: Buddhist, Islamic, Indian, African, Confucian, European. The conversation among the contributors is guided by several central questions: Is tianxia the only model of cosmopolitanism? Are there ideas and ideals comparable to tianxia that exist in other cultures? What alternative perspectives of global justice have inspired Western, Indian, Islamic, Buddhist, and African cultural traditions? The fundamental premise here is that in order for a planetary tianxia system to be relevant and significant for the present time and for our vision of the future, it must acknowledge the plurality of moral ideals defining the world's cultures while at the same time seek practical ways to formulate a minimalist morality that can provide the solidarity needed to bring the world's people together. (shrink)

Throughout Latin America during the past 15 years, new democratic or postwar governments have faced demands for transitional justice following the end of authoritarian rule or the conclusion of internal armed conflicts.

This collaborative companion piece, written as a postscript to the three preceding essays, highlights four themes in comparative religious ethics that emerge through our focus on sex and gender: language, embodiment, justice, and critique.

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding (...) of the spiritual end of the human person and religious nature of community.The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities. (shrink)

현대 정의관 논의들에 대해 롤즈(John Rawls)의 『정의론』(1971)이 갖는 영향력은 지대하다. 이러한 영향력을 가장 잘 보여주는 것이, 국내 사회를 배경으로 하는 정의론이든 전지구적(global) 사회에서의 정의론이든 관계없이 대부분의 현대 정의론이 제도(institution) 중심적 논의들이라는 점이다. 본 논문의 목적은 세계화 시대의 전지구적 정의관으로 센(Amartya Sen)의 자기실현적 접근(self-realization approach)을 통한 비교적 정의관(comparative perspective of justice)이 보완된 형태로 제시된다면, 롤즈에 기반을 둔 기존의 제도 중심적 정의관보다 이론적으로 더 체계적일 뿐만 아니라 실질적으로도 더 효과적임을 보이는 것이다. 정의 실현을 위해서는 제도적 차원에서의 정의뿐만 아니라 개인적 (...) 차원, 즉 비제도적 측면에서의 정의 실현이 이루어져야 하는데, 합당한 다원주의 (reasonable pluralism)를 넘어 단순한(simple) 다원주의마저 공존하는 전지구적 사회, 즉 공통의 문화와 인식이 부재한 사회에서는 모든 인간이 가진 행위주체성(agency)에 토대를 둔 공적 추론(public reasoning)을 통해 부정의를 발견하고 제거하는 자기실현적 활동 아래, 조금씩 정의에 접근해 나가는 비교적 정의관이 더욱 효과적이고 실질적이다. 이러한 센의 비교적 정의관이 현실성(feasibility)을 확보할 수 있는 논의가 되기 위해서는, 개인적 차원에서의 자기실현이 각자의 실천적 정체성 구현이라는 규범성(normativity) 논의를 통해 개인들의 적극적인 실천을 도모할 수 있다는 논의, 그리고 현대 과학기술이 가져온 전 지구적 네트워크로 인해 자신의 작은 실천이 무기력하지 않고 전지구적으로 연대를 하게 하여 실질적인 부정의 제거의 효과를 가져 올 수 있다는 동기부여 논의를 보완할 필요가 있다. 이러한 보완은 센의 자기실현적 접근을 통한 비교적 정의관이 전지구화 시대에 보다 적합하고 현실성 있는 논의가 되게 할 것이다. (shrink)

Despite many significant points of intersection between his work and that of Hannah Arendt, the legal scholar Robert Cover largely declined to engage her perspective, which posed major challenges to his own. While scholars seeking to rethink Cover's legacy in order to develop a jurisprudence of violence have criticized Cover's acquiescence to the Hobbesian model of the sovereign state, they have similarly ignored Arendt's critique of the Hobbesian model and her attempts to build an alternative to it. This article (...) examines central issues of convergence and divergence between Arendt's and Cover's approaches to law, politics, and violence with the aim to redress this neglect of Arendt's perspective. It begins by focusing on their interpretations of the role and significance of the courtroom trial. It then compares their analysis of the character, effects, and implications of domination as a type of organized power and as a means of conceptualizing punishment, before it concentrates on their instrumental conception of violence, the issue of justification, and its relationship to power. The article concludes by arguing that Arendt's approach, which situates an analysis of law and violence within a broader critique of modernity, provides a more trenchant critical framework for examining the rise of the carceral state than does Cover's. (shrink)

Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need (...) to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comparative Critical Perspectives on the AnthropoceneAn IntroductionAdeline Johns-Putra (bio) and Xianmin Shen (bio)Ever since Eugene Stoermer coined the term Anthropocene in the 1980s and Nobel Prize laureate Paul Crutzen identified the present period as the Anthropocene, this ecological and geographical concept has been adopted in other disciplines beyond the realm of science and has taken on particular resonance in the environmental humanities. This is because the advent of (...) the Anthropocene not only connotes a physical phenomenon, that is, a possible new geological epoch in which the damaging effect of the human species on all other species and on our planetary home has become so great as to leave a mark in the planet's fabric. It is also a revelation of human liability and responsibility, in which that stratigraphical scar must be recognized and the global socioeconomic dynamics of exceptionalism and exploitation that it belies reckoned with. This reckoning is one between those with the greatest responsibility for that impact, who are also the ones who will feel that impact least, and those with the least responsibility, who will feel that impact most. Moreover, those vulnerabilities lie with both human and nonhuman individuals: the Anthropocene demands that human-nonhuman as well as intra-human injustices are dealt with, that the ways in which global systems are interlocked with planetary ones are properly understood.Such questions of justice require a critical response, in various senses of the word and its origins. This encompasses a measure of scrutiny and critique; an honest judgment and even criticism of faults and shortcomings; and an awareness of urgency and crisis. With this in mind, and with both planetary and global questions of justice before us, we have [End Page 1] sought with this special issue of Intertexts to bring together analyses of sociocultural representations and discourse in the widest sense (not just literary or other artistic texts, but political events). We asked that these analyses consider how such discourse has been shaped by global workings now taken for granted—the trappings of modernity and the impulses of capitalism—and also to ponder the potential for reshaping those dynamics as part of a collective consciousness.Anthropocene Criticality: The Planetary, the Global, and the WorldWhat kind of Anthropocene criticality would be both an act of recognition of human responsibility and a reckoning across boundaries (whether intra- or interspecies) of agency, power, and vulnerability? How, in other words, do we take full stock of what is signified by anthropos in the term Anthropocene? We invoke here a range of frames for understanding the place of anthropos both as and within the collective that experiences—altogether but not all the same—the Anthropocene. We call these the "planetary," the "global," and the "world."1 We are not the first to distinguish between these terms and to employ them as devices for (re)framing and (re)visualizing the web of human-nonhuman as well as human-human relationships. In 1999, Gayatri Spivak spoke of the "imperative to re-imagine the planet" and, in this talk and updates of it in 2012 and 2014, outlined the need to contemplate "planetarity" instead of "globalism" (An Aesthetic Education, 335–50). In the fields of comparative literature and world literature, debates have occurred over what Pheng Cheah suggests is the encroachment of ideas of "globalization" on to notions of "worldliness" (28), with the question complicated more recently by what Sarah Nuttall sees as the possibility for a "planetary literature" (924–41). What we offer here adopts and adapts these conversations, and as we define and deploy our terms below we will indicate how these overlap.Under the rubric of the "planetary" we place Anthropocene discussions of how to truly comprehend the human as species and as geological agent, that is, both as one species of many and as a species that has occupied an outsized positionality alongside any other species (even [End Page 2] the idea of an "alpha species" seems hardly to do justice to the magnitude of anthropogenic effect on every inch of the biospheric fabric, from the deepest oceans to the upper levels of atmosphere, lasting for millennia). This is not merely about sentimental catch-phrasing... (shrink)

This work offers a philosophical appraisal of accounts of social justice in health care. By analyzing and comparing seven different accounts, it shows what is involved in advancing such an account and discloses what is involved in providing a moral justification, identifying a tripartite interplay among moral accounts, theories, and perspectives regarding the proper allocation of health care. Based on a distinction between substantive and procedural accounts of justice in health care allocation, it concludes that the prospect of (...) agreement regarding substantive accounts of health care justice is unlikely. This study illustrates that it is moral perspectives, rather than moral theories, that are foundational to accounts of justice in health care. A moral perspective includes the complete content of a morality lived by a group of people, while a moral theory identifies general statements formulatable within a moral perspective, a moral account restructures in a systematic way a moral perspective regarding a domain of issues, such as that of justice in health care. Although a moral theory contributes to an account a general framework that arranges moral commitments into a discursive system, only a full-bodied moral perspective can provide a moral account the substance that it needs. Through closely looking at various moral perspectives embodied by different accounts of just health care, it becomes clear that disagreements in morality are extensive and deep. It is impossible to justify a particular substantive account of just health care without begging the question. Finally, a theoretical reconstruction of Singapore's Confucian moral perspective regarding health care justice is provided so as to offer a picture of a quite different theoretical foundation as well as a substantively different moral perspective from those that are often taken for granted in the West. It shows that moral perspectives are different from people to people, from community to community. A successful account of just health care will thus require more than what can be drawn from theories of justice. (shrink)

This paper focuses on demands for reparations for colonial slavery and their public reception in France. It argues that this bottom-up, context-sensitive approach to theorising reparations enables us to formulate a critical republican theory of international racial justice. It contrasts the critical republican perspective on reparations with a nation-state centred approach in which reparations activists are accused of threatening the French republic’s sense of homogeneity and unity, thus undermining the national narrative on the French identity. It also rejects (...) the liberal egalitarian perspective, which itself rejects reparations in favour of focusing on present disadvantages. In so doing, this paper illustrates how the notion of non-domination offers a superior way of conceptualising global racial injustices compared to more traditional distributive outlooks. (shrink)

In China, political philosophy is still a comparatively new academic discipline. While there is no such phrase as "political philosophy" in ancient Chinese texts, there are elements within them that could be considered part of that field. Central questions of Chinese ancient political philosophy include the legitimacy of the source of political power, the foundation of moral rationality for the use of political power, and the purpose of political activities. This book explores the ideas of rights, the foundations of law, (...) transference of power, democracy and other topic as debated in ancient times. Focusing on important political thinkers in Chinese history, such as Kongzi, Laozi, Xu Fuguan, Liang Qichao and Li Dazhao, the book explains characteristics that are particular to China, such as the system of abdication, the general will of the people, and the society of Great Harmony. While making comparisons between Chinese and Western political philosophy, the book also discusses how to establish a Chinese modern state and how to promote Chinese culture today so that it can influence more and more people around the world. The book will be a valuable reference for scholars of Chinese philosophy, political philosophy and Chinese culture. (shrink)

In order to address the influence of unethical leader behaviors in the form of abusive supervision on subordinates’ retaliatory responses, we meta-analytically examined the impact of abusive supervision on subordinate deviance, inclusive of the role of justice and power distance. Specifically, we investigated the mediating role of supervisory- and organizationally focused justice and the moderating role of power distance as one model explaining why and when abusive supervision is related to subordinate deviance toward supervisors and organizations. With 79 (...) independent sample studies, we found that abusive supervision was more strongly related to supervisory-focused justice, compared to organizationally focused justice perceptions, and both types of justice perceptions were related to target-similar deviance. Finally, our results showed that the negative implications of abusive supervision were stronger in lower power distance cultures compared to higher power distance cultures. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

The movement of people across borders is one of the most pressing issues of our time. Yet it is still unclear how migration should be regulated to be fair to the sending societies, the host societies and the individual migrant. What is at issue? Are we discussing migration from an ethical or from a political philosophical perspective, or both? Are we discussing migration from a global justice perspective or social justice perspective? Do we consider political (...) legitimacy and democratic self-determination as part of our analysis? How should we balance demands of justice in immigration compared to those of emigration? (shrink)

This book is open access under a CC BY 4.0 license. We must find new and innovative ways of conceptualizing transboundary energy issues, of embedding concerns of ethics or justice into energy policy, and of operationalizing response to them. This book stems from the emergent gap; the need for comparative approaches to energy justice, and for those that consider ethical traditions that go beyond the classical Western approach. This edited volume unites the fields of energy justice (...) and comparative philosophy to provide an overarching global perspective and approach to applying energy ethics. We contribute to this purpose in four sections: setting the scene, practice, applying theory to practice, and theoretical approaches. Through the chapters featured in the volume, we position the book as one that contributes to energy justice scholarship across borders of nations, borders of ways of thinking and borders of disciplines. The outcome will be of interest to undergraduate and graduate students studying energy justice, ethics and environment, as well as energy scholars, policy makers, and energy analysts. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Justice and Generality After CritiqueLisa Landoe Hedrick (bio)The context for my paper is Wesley J. Wildman's understanding of the dispute between modernity and postmodernity; namely, that it is fundamentally a dispute about generality and justice. Where postmodern critique goes wrong, he argues, is in failing to appreciate how a tireless commitment to self-criticism can manage the risks of assertion. We need both consciousness-raising critique and orienting conceptual (...) interpretations of the world—achieving such checks and balances is the promise of a pragmatic theory of inquiry. In contrast to postmodernist asceticism, Wildman invites us to build responsibly. I agree that constructive steps are needed after genealogical, post-colonial, feminist, and other such critical social theories. My concern, shared by several contributors to Religion in Multidisciplinary Perspective, is that these steps can be taken too soon, meaning before they have been sufficiently retooled by way of such theories' concerns about the politics of discourse and inquiry and the conceptual tools with which we conceive comparative programs.I begin by detailing Wildman's position with respect to postmodern criticism. I then explore (and second) concerns voiced by LeRon Shults, Timothy Knepper, and Sarah Fredericks with respect to this position. I proceed to put them in constructive conversation with contemporary anthropologists striving for new conceptions of comparative inquiry in response to similar concerns. My purpose is to show how shame-induced asceticism about a certain type of assertion can create space, not just for greater readiness to revise, but for entirely new senses of assertion.Wildman regards the work of postmodernist critics as "far and away the most ascetic form of philosophy ever attempted."1 The contributions of these "philosophical analysts of ideology in politics and discourse" including thinkers "from Freud and before to Derrida and beyond" have greatly improved our awareness and understanding of "the power of narratives and theories to structure imaginations."2 But they have almost exclusively regarded this power in negative ways, as a subject of suspicion and enemy of an authentic [End Page 12] life. Attempting to systematically avoid ideology, these thinkers have developed highly "ritualized form[s] of discourse" as a way of habitually divulging and eliminating frameworks of understanding.This expectation, according to Wildman, is "impossible" to satisfy and is as such "disabling," not to mention "undesirable."3 Ideology can be as helpful as it can be hurtful and, in any case, it is unavoidable: "[these] coded frameworks of interpretation and meaning … are invaluable in helping us to engage our social worlds constructively." He continues, "Without partially hidden frameworks for orienting ourselves to the endless complexities of social life and politics, we have only painful exposure to the harsh light of more self-awareness than we can tolerate, producing paralysis and impotence. Thus, we need both partially submerged frameworks for social orientation and efficient mechanisms for correcting those frameworks when they produce undesirable or unjust effects."4 Bracketing the discussion about how we judge effects to be "undesirable" or "unjust," I wonder about what this statement implies regarding the placating function of frameworks against reality. What is it about which we become aware that produces paralysis? And what is the framework within which we can make such assessments?Wildman does not see any issue in answering such questions; he draws upon evolutionary biology to establish a positive valence for ideology to counterbalance postmodernist concerns.The ability to appeal to the natural sciences is central to Wildman's protest, since a one-sided account of the way power penetrates knowledge overestimates the arbitrariness and irrationality of that knowledge and invalidates any bid for authority on the part of the natural sciences. As I understand him, Wildman takes this postmodernist move to be symptomatic of a broader lack of self-awareness, which forgets that ideological criticism was itself a modern creation.5 He takes the very fact that ideological criticism has emerged to be a testament against postmodernist fatalism. A two-sided account of the way power penetrates knowledge would, presumably on his logic, admit partial arbitrariness and partial irrationality. (It is unclear to me what differentiates arbitrariness from irrationality here, and I'd be grateful for a lesson.)At least in this context... (shrink)

An idea salient in the African and East Asian philosophical traditions is that the right sort of socio-political interaction would be similar to the intuitive ways that family members ought to relate to each other. Applying this perspective to economic and ecological inequalities, I articulate some principles implicit in healthy familial relationships, show what they entail for certain aspects of distributive justice at the national level, and contend that the implications are plausible relative to competing theories such as (...) utilitarianism, Rawlsianism, and the Capabilities Approach. Specifically, I maintain that reflection on familial norms suggests that an array of objective goods, particularly ones pertaining to relationality, the development of talents, and life, should be central to what the state distributes, an account that rivals subjective well-being, primary goods, or democratically chosen capabilities. When it comes to how much the state should ideally ensure each citizen has, reflection on familial norms supports a new, balancing approach, according to which all have a comparable share of resources needed for objective goodness, but more go to those with great ability or great disability, an approach that differs, and plausibly so, from maximizing, prioritizing the worst off, equalizing, or providing a sufficient minimum. (shrink)

This paper compares criticisms of Singapore’s meritocracy, especially against its impact on income disparities and class divisions, with Michael Sandel’s critique of the meritocratic ethic in the United States. Despite significant differences in their history and politics, meritocracy has similar dysfunctions in both societies, allowing us to draw theoretical conclusions about meritocracy as an ideal of governance. It then contrasts Sandel’s communitarian critique of meritocracy with recent Confucian promotion of political meritocracy and meritocratic justice and argues that the Confucian (...) principle of “promoting the virtuous and talented” is different from the contemporary conception of meritocracy. Textual evidence indicates that a Confucian understanding of “merit” is contrary to the technocratic expertise of contemporary meritocracies. Furthermore, pre-Qin Confucian texts do not support a conception of justice that emphasizes individual desert; they address distributive problems from the perspective of needs and sustaining social relations. The texts also support limiting the reign of merit when it results in inequalities that cause suffering, inhibit personal cultivation of some groups, or undermine social relations. The paper concludes with an assessment of Singapore’s on-going attempts to improve its meritocracy from a Confucian perspective. (shrink)

While differentialists deny that non-linguistic animals can have a sense of justice, assimilationists credit some animals with such an advanced moral attitude. We approach this debate from a philosophical perspective. First, we outline the history of the notion of justice in philosophy and how various facets of that notion play a role in contemporary empirical investigations of justice among humans. On this basis, we develop a scheme for the elements of justice-relevant situations and for criteria (...) of justice that should be fruitful in studying both humans and animals. Furthermore, we investigate the conceptual connections between a sense of justice, on the one hand, and various other mental powers, on the other, and indicate which of the latter may be beyond the ken of animals. Next, we consider recent empirical research on justicerelated phenomena in animals. We argue for an intermediate position: While animals can at least in principle satisfy some preconditions of justice (intentional action, rulefollowing), others are problematic, notably possessing a notion of desert. A space for justice in social animals exists, yet it is rather limited compared to the rich cultures of justice in humans. Finally, we reflect on some actual or alleged implications of research on animal justice. As regards justice in humans, one should avoid a simplistic image of ‘‘natural justice’’ as boiling down to equal allocation of goods. As regards justice for animals, one should be weary of the contractualist assumption that only those capable of justice themselves are deserving of ‘‘just’’ treatment. (shrink)

This research investigates 3- and 5-year-olds' relative fairness in distributing small collections of even or odd numbers of more or less desirable candies, either with an adult experimenter or between two dolls. The authors compare more than 200 children from around the world, growing up in seven highly contrasted cultural and economic contexts, from rich and poor urban areas, to small-scale traditional and rural communities. Across cultures, young children tend to optimize their own gain, not showing many signs of self-sacrifice (...) or generosity. Already by 3 years of age, self-optimizing in distributive justice is based on perspective taking and rudiments of mind reading. By 5 years, overall, children tend to show more fairness in sharing. What varies across cultures is the magnitude of young children's self-interest. More fairness (less self-interest) in distributive justice is evident by children growing up in small-scale urban and traditional societies thought to promote more collective values. (shrink)

No enquiry into the making of the modern European state can ignore the part played by law. This comprehensive scholarly volume examines in detail how states availed themselves of juridicial techniques in order to mould their institutions, to take control over their territory, and to exercise power over their subjects. The contributors are leading scholars in the field, who explore the administration of justice and the promulgation of legislation across Europe over a period of several centuries, in order to (...) uncover the role of the law in the birth and development of the European state. The Origins of the Modern State in Europe series arises from an important international research programme sponsored by the European Science foundation. the aim of the series, which comprises seven volumes, is to bring together specialists from different countries, who reinterpret from a comparative European perspective different aspects of the formation of the state over the long period from the beginning of the thirteenth to the end of the eighteenth century. One of the main achievments of the research programme has been to overcome the long-established historiographical tendency to regard states mainly from the viewpoint of their twentieth-century borders. (shrink)

This essay lays out preliminary grounds for an alternative theological approach to animal ethics based on closer consideration of natural law theory and ethological reports of wild justice compared with dominant animal rights perspectives. It draws on Jean Porter's interpretation of scholastic natural law theory and on scientific narratives about the laws of nature to navigate the difficult territory between nature and reason in natural law. In Western societies, attempts to detach from our animal roots have fostered forms of (...) legal provisions that treat animals as property rather than as living, social beings entangled with human societies. (shrink)

The question of the role of juridical conceptions, concepts of justice and rights, in Marx's evaluation of capitalist society, is a major issue in current American Marx scholarship. In this book, Allen Buchanan analyzes many aspects of Marx's social theory in an examination and critique of Marx's views regarding the role of juridical concepts in that theory. His book, as an interpretation of Marx, defends three basic claims. First, Marx's evaluation of capitalist society is a radical and external evaluation (...) of the same, made from the perspective of communist society, which perspective does not include concepts of justice or rights. Communist society is a society in which persons enjoy undistorted consciousness of their needs, in that it abolishes the forms of alienation and exploitation which differently characterize capitalist society and all pre-capitalist societies. Conceived as such, communist society provides an external standard from which capitalism can be radically evaluated. But this evaluation does not include claims to the effect that capitalism is less just or unjust when compared to communist society, or that persons in capitalist society cannot claim rights which they can claim under communism. This is because, second, the very "circumstances of justice," the types of conflicts which lead persons to assert rights claims and appeal to prescriptive rules of justice, are overcome in communist society as Marx conceives it. With this, the very notions of justice and rights wither away under communism. Buchanan argues, against Wood and others, that concepts of justice do operate in Marx's internal critique of capitalism. But they are not at work in his radical and external evaluation of capitalist society, made from the perspective of communist society, because in communist society the circumstances of justice are overcome. For this reason, and this is Buchanan's third interpretive claim, the proletariat for Marx is not motivated towards revolutionary action by notions of justice or rights. Rather, the proletariat acts in a revolutionary way because of its own self-interest in overcoming intolerable conditions of exploitation, and acts towards the goal of bringing into being a type of society in which rights claims and prescriptive rules of justice are impossible because fundamentally unnecessary. (shrink)

The successful decoding of human genome and subsequent advances in new life sciences innovation create technological presuppositions of a new possibility of justice i.e. the just distribution of both social and natural goods. Although Rawlsians attempt to expand their theory to include this new possibility, they fail to provide plausible metrics of social justice in the genomics and post-genomics era. By contrast, Senians seem to succeed to do so through their index of basic capabilities. This paper explores what (...) might be regarded as a Senian perspective of distributive justice in new life sciences innovation. The argument is that, by comparing freedoms instead of primary goods, the capability theory allows not only for the identification of injustices linked to natural lottery but also for their elimination through the use of new genomic technologies, including gene-based diagnostics, gene therapy, somatic cell engineering and germ-line engineering. These innovative technologies seem to have the potential to reduce variability in natural goods and therefore enable individuals to convert social goods into well-being or welfare. (shrink)

In the chapter "Of Identity and Diversity" of An Essay Concerning Human Understanding, Locke claims that justice is based on personal identity and that personal identity is based on consciousness. However, this view of justice leads to an impasse when the defendant alleges that he has no consciousness of the crime and, therefore, that he does not identify himself as the person who committed the crime: if it is not possible to determine that he is the one who (...) committed the crime, can we say that the punishment is just? This article seeks (i) to analyse the impasse exploring (a) its conceptual framework and (b) its development in the letters Molyneux and Locke exchanged in order (ii) to elaborate a criticism of Locke’s answer to it. Compared to the secondary bibliography, in which one objection to Locke’s answer is well established, the originality of this article consists in elaborating a new objection based on the distinction between the first and third person perspectives and in showing that, when questioned by Molyneux, Locke failed to discuss the conceptual issue necessary to give an adequate answer to the impasse. Keywords: Locke, Molyneux, personal identity, justice. (shrink)

Cet ouvrage apporte des informations multiples et renouvelées sur un sujet qui n'a encore été que très peu abordé par les spécialistes de l'histoire de la justice et de la criminalité : les rapports entre témoins et justice au cours de l'histoire. Il le fait dans des perspectives diachroniques et comparatives, qui ne constituent pas la moindre de ses originalités. Deux chapitres introductifs présentent la preuve testimoniale à travers les siècles. Le corps du livre comprend trente-deux chapitres, répartis (...) en trois thèmes : justice et témoins, portraits de témoins, le langage des témoins. Les deux derniers chapitres concluent sur l'analyse des rapports entre société et témoignages. Cet ouvrage n'est pas une édition des actes du colloque international (Les témoins, de l'Antiquité à l'époque contemporaine - Dijon, octobre 2001) dont il est le fruit. Ceux-ci ont été profondément remaniés pour aboutir à la rédaction d'un ouvrage possédant la cohérence d'un livre collectif destiné à une plus large diffusion. (shrink)

How should we respond to individuals with disabilities? What does it mean to be disabled? Over fifty million Americans, from neonates to the fragile elderly, are disabled. Some people say they have the right to full social participation, while others repudiate such claims as delusive or dangerous. In this compelling book, three experts in ethics, medicine, and the law address pressing disability questions in bioethics and public policy. Anita Silvers, David Wasserman, and Mary B. Mahowald test important theories of (...) class='Hi'>justice by bringing them to bear on subjects of concern in a wide variety of disciplines dealing with disability. They do so in the light of recent advances in feminist, minority, and cultural studies, and of the groundbreaking Americans with Disabilities Act. (shrink)

Recently, most of the discussions in Confucian political theory have concentrated on whether Confucianism is compatible with local political practices, such as liberal democracy. The question of how Confucians view global distributive justice has not yet received critical attention. This essay aims to fill this gap. I will first describe a contractualist methodology, which aims at deriving substantial political principles from a formal conception of the person. Then I will discuss what conception of the person Confucianism assumes. Finally, I (...) will use the contractualist methodology to derive three principles of global distributive justice. These three principles form a distinctive conception based on ideas that are usually ignored in the current discussions of global justice, such as virtues, community, and rituals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Creating the Conditions for Intergenerational Justice: Social Capital and ComplianceAdelin-Costin DumitruIntroductionSuppose philosophers succeeded in putting forward two equally desirable theories of intergenerational justice. Both of them fare extremely well in regard to either a case-implication critique or a prior-principle strategy of argumentation (with the former requiring us to check the implications of a principle in counterfactual cases, and the latter testing the compatibility of a principle with (...) certain more fundamental values, according to Sen [197]). How are we to decide between them? To the extent that we believe that one of the purposes of political philosophy is to issue achievable and desirable recommendations (Stemplowska 319) or to be action-guiding (Swift 363), we might compare the two by applying a feasibility criterion. Such a criterion indicates that a state of affairs could be realized “if we were to summon sufficient practical will and direct our (individual or collective) efforts in the right direction” (Gheaus 450). In our case, the decision is a relatively easy one: both theories pass a threshold of acceptability and thus we would be morally justified in attempting to bring them about. Furthermore, by stipulation, world A in which theory x were implemented would be equally desirable as world B, in which theory y were implemented. The only distinction would be one concerning their feasibility.Nonetheless, this scenario is usually not one that is available to us. If theories differ based on their desirability as well as their feasibility, how are we to choose? One option would be to choose that moral theory which best satisfies the criteria mentioned by Buchanan, of moral accessibility, feasibility, and accessibility (Justice, Legitimacy). However, feasibility entails not only a static conception of duties, but a dynamic one, in which we postulate that agents have “duties that do not focus merely on what can be done in given [End Page 20] circumstances, but also on how to change circumstances so that new things can be done” (Gilabert and Lawford-Smith 812). In the present article, I argue that taking the idea of dynamic duties seriously requires that we redirect our efforts and resources toward those actions that would maximize the probability of achieving a successful transition from a non-ideal to an ideal state of the world. The argument is that, in the specific context of intergenerational justice, we ought to pay more attention to the matter of social capital extant in a society, if we want to achieve the ends of an intergenerational theory of justice. The concept of social capital puts under the same umbrella distinct features of social life such as networks and civic engagement, the role of reciprocity and trust in building institutions, and the effects that informal rules and institutions have on formal ones (Ostrom and Ahn, “Social Science Perspective” 4). Intuitively, these aspects are relevant for an account of intergenerational justice. The particular way in which they are relevant will be detailed later in this article.The claim that I defend is that the higher the level of social capital in a community, the more probable it will be that individuals are willing to redistribute resources to future generations. The underlying assumption that holds throughout the article is that public justification is important in construing a defense of a conception of justice. I proceed as follows. In the first section, I present an account of social capital. In the second section, I present the literature connecting social capital to political philosophy. In the third section, I argue why developing social capital is a worthwhile goal to pursue if we want to achieve intergenerational justice. The fourth section presents a series of measures that can increase the level of social capital. The fifth section responds to a series of potential objections that could be raised and concludes the paper.The Many Faces of Social CapitalMuch of the intellectual history of the twentieth century was dedicated to institutions and their function in shaping the social, economic, cultural, and political order. In a comprehensive definition put forward by March and Olsen, institutions represent “routines, procedures, conventions, roles, strategies, organizational forms, technologies..., beliefs, paradigms, codes, cultures and knowledge that surround, support, elaborate, and... (shrink)

I aim to identify and describe some basic elements of a Rawlsian approach that may help us to think conscientiously about how, from the standpoint of justice, we should treat the disabled. Rawls has been criticized for largely ignoring issues of this sort. These criticisms lose their appeal, I suggest, when we distinguish between a Rawlsian standpoint and the limited project Rawls mainly undertakes in A Theory of Justice. There his explicit aim is to find principles of (...) class='Hi'>justice, which are to govern the basic structures of a closed, well-ordered society that exists under reasonably favorable conditions, that would be chosen by parties in the original position from among a small set of traditional conceptions of justice. Once we develop a conception of justice for a society like that, Rawlsians hope we can make certain revisions to find principles of justice for a society like ours. Finally, I sketch what seems to me a plausible way for a Rawlsian to begin thinking about how a society like ours should provide justice for its disabled citizens. (shrink)

. “Normal” Prisons in an “abnormal” society? A comparative perspective on South African prison law and practice. Criminal Justice Ethics: Vol. 6, No. 2, pp. 37-51. doi: 10.1080/0731129X.1987.9991816.

This book presents the thought of the Kyoto School in comparison with continental philosophers better known in the West and addresses the affiliation of some of its members with the militarism of the 1930s and 1940s.

Leading scholars in the field of religious studies show that scholasticism as a comparative category is useful in the analysis of a variety of religious and philosophical traditions and even in the task of cultural criticism.

Arguments for multiple realization depend on the idea that the same kind of function is realized by different kinds of structures. It is important to such arguments that we know the kinds used in the arguments have been individuated properly. In the philosophical literature, though, claims about how to individuate kinds are frequently decided on intuitive grounds. This paper criticizes this way of approaching kinds by considering how practicing researchers think about the matter. I will consider several examples in which (...) the practice of researchers on comparative vision conflicts with the standard account of these issues. (shrink)

The book provides a defense of the rational authority of psychoanalytic knowledge that does justice to the plurality of psychoanalytic perspectives and resolves central impasses in the psychoanalytic literature and in the literature concerning psychoanalysis and science. It also provides a systematic, comparative, and critical introduction to the main schools of psychoanalysis useful for clinicians, academics, and those exploring psychoanalysis for the first time.