Library of Essays on Justice – Serie

This collection of essays brings together the very best philosophical and legal writings on procedural justice over the last half century. Core concepts in Anglo-American jurisprudence, such as equal protection, due process, and the rule of law, are explained and criticized. The articles collected in this volume deal with the distinctive branch of justice that involves norms and processes of applying law to citizens. Authors from a variety of legal and philosophical backgrounds analyze such values as transparency, predictability, and even-handedness in law-making, law-enforcement, and adjudication. Considerable attention is also given to the complex ways in which concerns for justice in the application of the law intersect with long-standing concerns for justice in the content of law. There is also considerable discussion of how best to understand equal protection in debates about gender and racial discrimination. Authors include John Rawls, Martha Minow, Jeremy Waldron, Onora O'Neill, Joseph Raz, and Thomas Scanlon.

Forty years ago, in his landmark work A Theory of Justice, the American philosopher John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, is 'the first virtue of social institutions'. Ever since then, moral and political philosophers have expanded, expounded and criticized Rawls's main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism and the ethics of care. This volume of essays provides a general overview of the main strands in contemporary justice theorising and features the most important and influential theories of justice from the 'post Rawlsian' era. These theories range from how to build a theory of justice and how to delineate its proper scope to the relationship between justice and equality, justice and liberty, and justice and desert. Also included is the critique of the Rawlsian paradigm, especially from feminist perspectives and from the growing strand of 'non-ideal' theory, as well as consideration of more recent developments and methodological issues.

A central component of justice is how the economic goods are distributed in a society. Philosophers contribute to distributive justice debates by providing arguments for principles to guide and evaluate the allocation of economic goods and to guide the design of institutions to achieve more just distributions. This volume includes both seminal and recent work by philosophers, covering a range of representative positions, including libertarian, egalitarian, desert, and welfare theorists. The introduction to the volume and the selections themselves are designed to allow students and professionals to see some of the most influential pieces that have shaped the field, as well as some key critics of these positions. The articles intersect in such a way as to develop an appreciation of the types of theories and the central issues addressed by theories of distributive justice. Furthermore, the choice of authors in this collection reflects an appreciation of the influence of institutions in general, markets in particular, and even luck on the distribution of economic goods.

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. This volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such as policies associated with immigration, international trade and climate change.

The essays selected for this volume show how relations between past, current and future generations have become a major subject of philosophical research since the 1970s. The relations between people alive today with people who may exist in the future and people now deceased, differ from relations between contemporaries and in ways that raise new conceptual, logical and substantive questions. Among the questions addressed in this volume are: what is the status of people now deceased and people who may exist in the future? Can the latter be harmed by the actions of people alive today? What duties of justice do we have towards people with whom we can neither interact nor co-operate, and can people who are indirect victims of past injustices legitimately claim compensation? Answers to these questions are relevant in a number of policy areas, most notably in issues regarding reparations for historical injustice and responding to climate change and its consequences.

Forty years ago, in his landmark work A Theory of Justice, the American philosopher John Rawls depicted a just society as a fair system of cooperation between citizens, regarded as free and equal persons. Justice, Rawls famously claimed, is 'the first virtue of social institutions'. Ever since then, moral and political philosophers have expanded, expounded and criticized Rawls's main tenets, from perspectives as diverse as egalitarianism, left and right libertarianism and the ethics of care. This volume of essays provides a general overview of the main strands in contemporary justice theorising and features the most important and influential theories of justice from the 'post Rawlsian' era. These theories range from how to build a theory of justice and how to delineate its proper scope to the relationship between justice and equality, justice and liberty, and justice and desert. Also included is the critique of the Rawlsian paradigm, especially from feminist perspectives and from the growing strand of 'non-ideal' theory, as well as consideration of more recent developments and methodological issues.

The capabilities approach is a widely influential alternative theory of justice, popularized by Nobel Prize winner Amartya Sen and also by Martha Nussbaum. Justice and the Capabilities Approach is the first work of its kind to publish in one place the most influential essays in the field covering a number of topics, including constitutional law, cosmopolitanism, distributive justice, the family, feminism, global justice, human rights, poverty, and social justice. The collection should help inform both scholars and students coming to the study of the capabilities approach for the first time of both the importance and complexity of the wider debate, as well as shed light on how the approach might be further improved and applied.