Results for 'natural justice'

969 found
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  1.  22
    High court.Administrative Law-Natural Justice-Whether Refugee - 2006 - Ethos: Journal of the Society for Psychological Anthropology.
    "Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.
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  2.  77
    Natural justice.Ken Binmore - 2005 - New York: Oxford University Press.
    Natural Justice is a bold attempt to lay the foundations for a genuine science of morals using the theory of games. Since human morality is no less a product of evolution than any other human characteristic, the book takes the view that we need to explore its origins in the food-sharing social contracts of our prehuman ancestors. It is argued that the deep structure of our current fairness norms continues to reflect the logic of these primeval social contracts, (...)
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  3. Nature, Justice, and Rights in Aristotle's Politics.Fred Dycus Miller - 1995 - Oxford, GB: Oxford University Press UK.
    Fred Miller offers a controversial reappraisal of the Politics, suggesting that nature, justice, and rights are central to Aristotle's political thought. He sheds new light on Aristotle's relation to modern natural rights theorists, and to the current liberalism-communitarianism debate.
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  4. Natural Justice.Lawrence B. Solum - 2006 - American Journal of Jurisprudence 51 (1):65-105.
    Justice is a natural virtue. Well-functioning humans are just, as are well-ordered human societies. Roughly, this means that in a well-ordered society, just humans internalize the laws and social norms (the nomoi)--they internalize lawfulness as a disposition that guides the way they relate to other humans. In societies that are mostly well-ordered, with isolated zones of substantial dysfunction, the nomoi are limited to those norms that are not clearly inconsistent with the function of law--to create the conditions for (...)
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  5.  20
    Natural justice.K. Haakonssen - unknown
  6. Human nature: Justice versus power.Noam Chomsky & Michel Foucault - 1974 - In A. J. Ayer & Fons Elders, Reflexive water: the basic concerns of mankind. London: Souvenir Press. pp. 133--97.
     
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  7.  41
    Natural Justice, Law, and Virtue in Hobbes’s Leviathan.J. Matthew Hoye - 2019 - Hobbes Studies 32 (2):179-208.
    Scholars debate whether Hobbes held to a command theory of law or to a natural law theory, and to what extent they are compatible. Curiously, however, Hobbes summarizes his own teachings by claiming that it is “natural justice” that sovereigns should study, an idea that recalls ancient virtue ethics and which is seemingly incompatible with both command and natural law theory. The purpose of this article is to explicate the general significance of natural justice (...)
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  8. Natural Justice in Africa.Max Gluckman - 1964 - American Journal of Jurisprudence 9 (1):25-44.
  9.  54
    Natural Justice: Response to Comments.Ken Binmore - 2006 - Analyse & Kritik 28 (1):111-117.
    The following responses to the scholars who were kind enough to comment on my Natural Justice in this symposium have been kept to a minimum by addressing only issues where I think a misunderstanding may have arisen.
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  10.  21
    Natural Justice and the Best Regime in Aristotle.Joaquin Garcia-Huidobro - 2012 - Ideas Y Valores 61 (148):05-21.
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  11.  9
    Natural justice: principle and practice.Billy Strachan - 1976 - London: Shaw & Sons.
  12. Natural justice.Ken Binmore - 2004 - In Christoph Lütge & Gerhard Vollmer, Fakten statt Normen?: Zur Rolle einzelwissenschaftlicher Argumente in einer naturalistischen Ethik. Baden-Baden: Nomos.
     
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  13.  9
    Direito Natural, justiça e política: II Colóquio Internacional do Instituto Jurídico Interdisciplinar, Faculdade de Direito da Universidade do Porto.Paulo Ferreira da Cunha (ed.) - 2005 - Coimbra: Coimbra Editora.
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  14. (1 other version)Natural justice : an aretaic account of the virtue of lawfulness.Lawrence B. Solum - 2008 - In Colin Farrelly & Lawrence Solum, Virtue jurisprudence. New York: Palgrave-Macmillan.
  15.  40
    Natural justice.A. C. Lloyd - 1962 - Philosophical Quarterly 12 (48):218-227.
  16.  71
    Two Theories of Natural Justice in Plato’s Gorgias.Leo Catana - 2021 - Elenchos: Rivista di Studi Sul Pensiero Antico 42 (2):209-228.
    In Plato’s Gorgias 482c4–484c3, Callicles advances a concept of natural justice: the laws of the polis must agree with nature, that is, human nature. Since human nature is characterised by its desire to get a greater share, nature itself makes it legitimate that stronger human beings get a greater share than weaker ones. Socrates objects: Callicles’ theoretical approach to civic life poses a threat to the polis’ community, its citizens, and to the friendship amongst its citizens. However, Socrates (...)
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  17.  58
    Natural Justice and King Lear.Paul M. Shupack - 1997 - Cardozo Studies in Law and Literature 9 (1):67-105.
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  18.  42
    Nature, Justice and Rights in Aristotle's "Politics".Peter Simpson - 1996 - Journal of the History of Philosophy 34 (4):607-608.
  19.  48
    Nature, Justice, and Duty in the Defensor Pacis.Cary J. Nederman - 1990 - Political Theory 18 (4):615-637.
  20.  70
    Behavioral ethics meets natural justice.Herbert Gintis - 2006 - Politics, Philosophy and Economics 5 (1):5-32.
    offers an evolutionary approach to morality, in which moral rules form a cultural system that is robust and evolutionarily stable. The folk theorem is the analytical basis for his theory of justice. I argue that this is a mistake, as the equilibria described by the folk theorem lack dynamic stability in games with several players. While the dependence of Binmore's argument on the folk theorem is more tactical than strategic, this choice does have policy implications. I do not believe (...)
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  21.  38
    Aristotle on Natural Justice.Peter Simpson - 2014 - Studia Gilsoniana 3:367–376.
    The article discusses the problem of natural justice which has been considered by Aristotle in his (1) Nicomachean and Eudemian Ethics and (2) Magna Moralia. In his Nicomachean and Eudemian Ethics Aristotle says of natural justice that it is changeable and not the same everywhere. The implication seems to be that no action, not even murder, is always wrong. But, as is evident especially from his Magna Moralia, Aristotle distinguishes justice into the “what” (equality), the (...)
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  22.  46
    Ken Binmore’s Natural Justice.Brian Skyrms - 2006 - Analyse & Kritik 28 (1):99-101.
    I raise a few questions about key points in the argument of Natural Justice. 1. The pivotal role assigned to the theory of indefinitely repeated games appears to be both implausible and unnecessary. 2. The evolutionary foundations of the Nash bargaining solution are not completely secure, and its role in the account of interpersonal comparisons of utility is questionable. 3. Free renegotiation behind the veil of ignorance appears neither to have an evolutionary rationale nor to be a brute (...)
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  23.  66
    Rawls and Natural Justice.Dong Jin Jang - 2008 - Proceedings of the Xxii World Congress of Philosophy 29:31-43.
    John Rawls presents a liberal conception of international justice in his book The Law of Peoples, and this liberal conception of international justice has inspired a variety of responses from various perspectives. However, it seems that most such responses come from western perspectives, and that there is hence a corresponding paucity of seriously challenging responses based on non-western traditions. This paper aims to analyze Rawls’s liberal conception of international justice in view of the concept of natural (...)
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  24.  42
    Aristotle, Antigone and natural justice.Gabriela Remow - 2008 - History of Political Thought 29 (4):585-600.
    This paper, responding to recent work by Tony Burns, has two main interpretive purposes first, to explain in what sense Aristotle's natural justice is natural, yet variable; and second, to explain why Aristotle interpreted Antigone's defence as an appeal to natural law (rather than, say, to particular unwritten law). This requires a careful untangling of Aristotle's usage of 'natural' in several different senses, both descriptive and normative. In short, it is normatively natural for humans (...)
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  25. Fred D. Miller, Jr., Nature, Justice, and Rights in Aristotle's Politics , xvii + 424 pp., Cloth $49.95, Paper $24.95. [REVIEW]Randall Curren - 1997 - Reason Papers 22:144-153.
     
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  26.  15
    Hobbes's 'science of natural justice'.Craig Walton & P. J. Johnson (eds.) - 1987 - Hingham, MA, USA: Kluwer Academic Publishers.
    Unlike many major figures in Western intellectual history, Hobbes has refused to become dated and quietly take his appointed place in the museum of historical scholarship. Whether by way of adoption or reaction, his ideas have remained vibrant forces in mankind's attempts to understand the problems and dilemmas of living peaceably with one another. As Richard Ashcraft said a few years ago: One of the standards by which the greatness of political theorists is measured, is their ability to evoke in (...)
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  27.  80
    The evolution of fairness norms: An essay on Ken Binmore's natural justice.Paul Seabright - 2006 - Politics, Philosophy and Economics 5 (1):33-50.
    This article sets out and comments on the arguments of Binmore 's Natural Justice, and specifically on the empirical hypotheses that underpin his social contract view of the foundations of justice. It argues that Binmore 's dependence on the hypothesis that individuals have purely self-regarding preferences forces him to claim that mutual monitoring of free-riding behavior was sufficiently reliable to enforce cooperation in hunter-gatherer societies, and that this makes it hard to explain why intuitions about justice (...)
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  28.  63
    Nature, Justice, and Rights in Aristotle’s Politics. [REVIEW]Michael J. White - 1996 - Teaching Philosophy 19 (4):407-409.
  29.  85
    Ken Binmore, natural justice (oxford: Oxford university press, 2005), pp. XII + 207.Karl Widerquist - 2009 - Utilitas 21 (4):529-532.
    This book attempts to create an evolutionary theory of fairness. Sharing food is commonplace in the animal kingdom because it ensures animals that share against hunger. Anthropologists report that hunter-gatherer societies which survived into the 20th century shared on a very egalitarian basis. What can such information tell us about the sense of fairness with which modern man is born? Using game theory as a basic tool, the book argues that fairness norms should be seen as a device for selecting (...)
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  30.  55
    Nature, Justice, and Rights in Aristotle’s Politics. [REVIEW]Howard J. Curzer - 1999 - Ancient Philosophy 19 (2):430-436.
  31.  89
    Natural justice, Ken Binmore. Oxford university press, 2005, XIII + 207 pages. [REVIEW]Giacomo Sillari - 2008 - Economics and Philosophy 24 (2):287-295.
  32.  33
    (1 other version)Nature, Justice, and Rights in Aristotle’s Politics. [REVIEW]Paula Gottlieb - 1999 - Philosophy and Phenomenological Research 59 (1):276-278.
  33.  19
    Nature, Justice, and Rights in Aristotle’s Politics. [REVIEW]C. C. W. Taylor - 1998 - International Philosophical Quarterly 38 (1):85-86.
  34.  23
    Limits of natural justice.Georg Zenkert - 2007 - Philosophische Rundschau 54 (1):69 - 84.
  35.  55
    Book ReviewsKen Binmore,. Natural Justice.Oxford: Oxford University Press, 2005. Pp. 207. $29.95.Gerry Mackie - 2006 - Ethics 116 (4):776-780.
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  36.  35
    Ken Binmore , Natural Justice . Reviewed by.William F. Harms - 2012 - Philosophy in Review 32 (2):86-88.
  37.  53
    On Kenneth Binmore’s Natural Justice.Douglass C. North - 2006 - Analyse & Kritik 28 (1):102-103.
    Ken Binmore has written an exciting book and I am in complete agreement with his objectives and conclusions. But his approach is flawed because of his reliance on tools of analysis to understand the way the mind and brain have developed that are not up to explaining our evolving understanding of the human environment.
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  38.  47
    Aristotle on Rights and Natural Justice.Daniel C. Russell - 1999 - Polis 16 (1-2):73-85.
  39.  16
    Social inequality in the context of natural justice.Nurmagomed Ismailov - forthcoming - Philosophy and Culture (Russian Journal).
    The problem of social equality and social inequality is investigated in the light of the concept of justice, the concept of just inequality and unfair equality. The author substantiates the interrelation of justice and equality as concepts and phenomena that are presented in an indissoluble unity and are actually a two-pronged problem. Justice is interpreted by the author as a measure of social equality and social inequality. The author explores the problem of social inequality from the point (...)
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  40.  24
    The Medieval Reception of Aristotle’s Passage on Natural Justice.José A. Poblete - 2020 - American Catholic Philosophical Quarterly 94 (2):211-238.
    This essay argues that Robert Grosseteste’s Latin translation of Aristotle’s passage on natural justice was philosophically determinant for its medieval reception. By altering the passage, Grosseteste allowed for a reconciliation of prima facie opposing views on natural law, namely: On one hand, the Ciceronian-Stoic and Augustinian-Neoplatonic idea that natural law is primarily immutable; and on the other, Aristotle’s claim that all things that are naturally just are subject to change. Focusing on Albert the Great’s first commentary (...)
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  41.  25
    Translation or Alteration? Grosseteste's Latin Version of Aristotle's Account of Natural Justice.José A. Poblete - 2018 - Journal of the History of Philosophy 56 (4):601-627.
    it may be debatable whether or not the passage on natural justice from the Nicomachean Ethics is a crucial component of Aristotle's account of justice and politics; nonetheless, its enormous influence on western ethical and juridical theory is unquestionable. This influence is largely due to the enthusiastic reception of that passage by medieval thinkers who paid somewhat exaggerated attention to this brief and obscure passage.The thirteenth-century philosophical scene has rightly been described as an 'Aristotelian crisis.' The general (...)
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  42.  25
    Linguistic justice as a framework for designing, developing, and managing natural language processing tools.Ishita Rustagi, Alicia Sheares, Genevieve Macfarlane Smith & Julia Nee - 2022 - Big Data and Society 9 (1).
    As natural language processing tools powered by big data become increasingly ubiquitous, questions of how to design, develop, and manage these tools and their impacts on diverse populations are pressing. We propose utilizing the concept of linguistic justice—the realization of equitable access to social and political life regardless of language—to provide a framework for examining natural language processing tools that learn from and use human language data. To support linguistic justice, we argue that natural language (...)
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  43.  52
    Justice and Natural Resources: An Egalitarian Theory.Chris Armstrong - 2017 - Oxford: Oxford University Press.
    Struggles over precious resources such as oil, water, and land are increasingly evident in the contemporary world. States, indigenous groups, and corporations vie to control access to those resources, and the benefits they provide. These conflicts are rapidly spilling over into new arenas, such as the deep oceans and the Polar regions. How should these precious resources be governed, and how should the benefits and burdens they generate be shared? Justice and Natural Resources provides a systematic theory of (...)
  44.  8
    Justice, Human Nature, and Political Obligation.Morton A. Kaplan - 1976 - New York: Free Press.
  45. Rawlsian “Justice” and the Evolutionary Theory of Games: Cultural Evolution and the Origins of the Natural Maximin Rule.Mantas Radžvilas - 2011 - Problemos 80:35-53.
    This paper is dedicated to the analysis of the maximin principle, which is one of the key theoretical concepts of John Rawls’s theory of justice, and the problem that this principle creates for any attempt to provide a naturalistic interpretation of Rawls’s concept of fairness . Analysis shows that maximin principle is, in fact, incompatible with the Bayesian decision theory. This paper is intended to show that recent breakthroughs in evolutionary game theory could help to reconcile the maximin principle (...)
     
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  46.  37
    By the Ties of Natural Justice and Equity. [REVIEW]Andrew Botterell - 2013 - Jurisprudence 4 (1):138-150.
    A review of Robert Chambers, Charles Mitchell and James Penner, eds., Philosophical Foundations of the Law of Unjust Enrichment (Oxford University Press, 2009).
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  47.  54
    When Birds of a Feather Flock Together: The Role of Core-Self Evaluations and Moral Intensity in the Relationship Between Network Unethicality and Unethical Choice.C. Justice Tillman, Anthony C. Hood, Ericka R. Lawrence & K. Michele Kacmar - 2015 - Ethics and Behavior 25 (6):458-481.
    Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual and situational (...)
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  48. Payne. Great Books in Philosophy. Amherst, NY: Prometheus Books, 2003, xlv+ 308 pp., pb. $11.00. Socializing Metaphysics: The Nature of Social Reality, Frederick Schmitt (ed.). Lanham, MD: Rowman & Littlefield Publishing Group, 2003, ix+ 389 pp., $75.00, pb. $29.95. [REVIEW]Donald Davidson, Richard Rorty, Cosmopolitan Justice, John Searle & Friedrich Nietzsche - 2004 - Inquiry: An Interdisciplinary Journal of Philosophy 47:99-101.
  49. Global Justice, Natural Resources, and Climate Change.Megan Blomfield (ed.) - 2019 - Oxford University Press.
    To address climate change fairly, many conflicting claims over natural resources must be balanced against one another. This has long been obvious in the case of fossil fuels and greenhouse gas sinks including the atmosphere and forests; but it is ever more apparent that responses to climate change also threaten to spur new competition over land and extractive resources. This makes climate change an instance of a broader, more enduring and - for many - all too familiar problem: the (...)
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  50.  18
    Problems with principles: Montesquieu's theory of natural justice.Sara MacDonald - 2003 - History of Political Thought 24 (1):109-130.
    This article focuses on the history of the concept of natural law and the role which Aristotle, and especially his Rhetoric, has to play within it. It is sometimes suggested that the origins of the concept of natural law are to be located in the writings of Plato and Aristotle in the fourth century BCE. The article argues that there is evidence both in Aristotle's Politics and in his Rhetoric to support the view that this is not the (...)
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