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A Theory of Justice

Oxford,: Harvard University Press. Edited by Steven M. Cahn (1971)

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  1. Epinomia: Plato and the First Legal Theory.Eric Heinze - 2007 - Ratio Juris 20 (1):97-135.
    In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...)
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  • Moral Reputation: An Evolutionary and Cognitive Perspective.Dan Sperber & Nicolas Baumard - 2012 - Mind and Language 27 (5):495-518.
    From an evolutionary point of view, the function of moral behaviour may be to secure a good reputation as a co-operator. The best way to do so may be to obey genuine moral motivations. Still, one's moral reputation maybe something too important to be entrusted just to one's moral sense. A robust concern for one's reputation is likely to have evolved too. Here we explore some of the complex relationships between morality and reputation both from an evolutionary and a cognitive (...)
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  • Mixed ability grouping: Some philosophical considerations.Beverley Shaw - 1984 - Journal of Philosophy of Education 18 (1):133–138.
    Beverley Shaw; Mixed Ability Grouping: some philosophical considerations, Journal of Philosophy of Education, Volume 18, Issue 1, 30 May 2006, Pages 133–138, ht.
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  • Reply to Ben Eggleston. [REVIEW]Peter Railton - 2005 - Philosophical Studies 126 (3):491 - 499.
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  • Rawls' theory of justice and citizenship education.Marianna Papastephanou - 2005 - Journal of Philosophy of Education 39 (3):499–518.
    Political liberalism purports to be independent from any controversial philosophical presuppositions, and its basic principles and features are often presented as the most accommodating of difference and heterogeneity, so long as the latter is not illiberal, oppressive and fanatic. Educational theory welcomes this assumption and attempts to utilise it in citizenship curriculum debates, often in a receptive and arguably uncritical way. I shall critique the above by unveiling the contestable epistemological and anthropological theses underlying Rawls' difference principle and by discussing (...)
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  • International justice and individual self-preservation.Frederick Ochieng'-Odhiambo - 2005 - Journal of Global Ethics 1 (2):99 – 112.
    The article explores the fundamental difference between two aspects of justice: international and global. It is then argued that for the sake of global justice, the difference can be overcome by taking a closer look at the basic human right of self-preservation in relation to moral agency, human well-being and social/distributive justice at both global and national levels. In an endeavour to attain global justice, the article defends an absolute moral right to a human minimum.
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  • Equality of educational opportunity: In defence of a traditional concept.Roy Nash - 2004 - Educational Philosophy and Theory 36 (4):361–377.
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  • Education and essential contestability revisited.Michael Naish - 1984 - Journal of Philosophy of Education 18 (2):141–153.
    Michael Naish; Education and Essential Contestability Revisited, Journal of Philosophy of Education, Volume 18, Issue 2, 30 May 2006, Pages 141–153, https://doi.
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  • Efficiency in education: The problem of technicism.Susan Meyer - 1998 - Educational Philosophy and Theory 30 (3):223–238.
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  • Educational impacts on academic business practitioner's moral reasoning and behaviour: Effects of short courses in ethics or philosophy.Einar Marnburg - 2003 - Business Ethics, the Environment and Responsibility 12 (4):403–413.
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  • Expressivism and epistemology: What is moral inquiry?James Lenman - 2007 - Aristotelian Society Supplementary Volume 81 (1):63–81.
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  • Human rights and citizenship: An unjustifiable conflation?Dina Kiwan - 2005 - Journal of Philosophy of Education 39 (1):37–50.
    Human rights discourses are increasingly being coupled to discourses on citizenship and citizenship education. In this paper, I consider the premise that human rights might provide a theoretical underpinning for citizenship. I categorise citizenship into five main categories—moral, legal, identity-based, participatory and cosmopolitan. Bringing together theoretical and documentary evidence, I argue that human rights cannot logically be a theoretical underpinning for citizenship, regardless of how citizenship may be conceptualised. This is because human rights discourses are located within a universalist frame (...)
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  • Marketing in heterozygous advantage.Gregory Todd Jones & Reidar Hagtvedt - 2008 - Journal of Business Ethics 77 (1):85 - 97.
    As the rapidly advancing possibilities of biotechnology have outstripped the adaptive capacity of current legal and ethical institutions, a vigorous debate has arisen that considers the boundaries of appropriate use of this technology, particularly when applied to humans. This article examines ethical concerns surrounding the development of markets in a particular form of human genetic engineering in which heterozygotes are fitter than both homozygotes, a condition known as heterozygous advantage. To begin, we present a generalized model of the condition, illuminated (...)
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  • Collective moral philosophy and education for pluralism.Graham Haydon - 1986 - Journal of Philosophy of Education 20 (1):97–106.
    Graham Haydon; Collective Moral Philosophy and Education for Pluralism, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, Pages 97–106, https.
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  • A dissociation between moral judgments and justifications.Marc Hauser, Fiery Cushman, Liane Young, J. I. N. Kang-Xing & John Mikhail - 2007 - Mind and Language 22 (1):1–21.
    To what extent do moral judgments depend on conscious reasoning from explicitly understood principles? We address this question by investigating one particular moral principle, the principle of the double effect. Using web-based technology, we collected a large data set on individuals' responses to a series of moral dilemmas, asking when harm to innocent others is permissible. Each moral dilemma presented a choice between action and inaction, both resulting in lives saved and lives lost. Results showed that: (1) patterns of moral (...)
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  • Imagining ethical globalization: The contributions of a care ethic.Olena Hankivsky - 2006 - Journal of Global Ethics 2 (1):91 – 110.
    Approaches to global ethics have drawn on a number of diverse theoretical traditions, such as Kantianism and utilitarianism. While emerging frameworks contribute to a growing awareness of and interest in ethics within a global society, the values that they prioritize are not adequate for realizing a just, equitable and fair system of global governance. This article considers the possibilities of an alternative ethic - a feminist ethic of care - and explores how it can bear on present circumstances, including global (...)
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  • What is the content of education in a democratic society?Bonna Devora Haberman - 1994 - Journal of Philosophy of Education 28 (2):183–190.
    Democratic theory values diversity and pluralism, a market-place of visions und experiences of the good life. Presently conceived, education in democratic societies, because of the assumed requirement of neutrality concerning life choices, deters the flourishing of valuable versions of the good life which are the sine qua non of democratic society. A proposal is made about education which, on the one hand, upholds the relationships of democratic society, but at the same time fosters co-existence with dignity of a plethora of (...)
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  • Religion in the public sphere.Jürgen Habermas - 2006 - European Journal of Philosophy 14 (1):1–25.
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  • Towards a theoretical framework for understanding social justice in educational practice.Morwenna Griffiths - 1998 - Educational Philosophy and Theory 30 (2):175–192.
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  • Towards a contextualized analysis of social justice in education.Sharon Gewirtz - 2006 - Educational Philosophy and Theory 38 (1):69–81.
    This paper builds on Iris Young's work to argue that social justice in education has to be understood in relation to particular contexts of enactment. More specifically, the author argues that it is not possible to make cross‐national or other comparative assessments of social justice without consideration of the ways in which justice is enacted in practice. The contextualized approach to justice that the author is advocating involves: first a recognition of the multi‐dimensional nature of justice and the potential for (...)
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  • Rationality and future desires.Alan E. Fuchs - 1985 - Australasian Journal of Philosophy 63 (4):479 – 484.
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  • Intuitive hedonism.Joseph Endola - 2006 - Philosophical Studies 128 (2):441 - 477.
    The hoary philosophical tradition of hedonism – the view that pleasure is the basic ethical or normative value – suggests that it is at least reasonably and roughly intuitive. But philosophers no longer treat hedonism that way. For the most part, they think that they know it to be obviously false on intuitive grounds, much more obviously false on such grounds than familiar competitors. I argue that this consensus is wrong. I defend the intuitive cogency of hedonism relative to the (...)
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  • The journalist and the murderer (book).Deni Elliott - 1990 - Journal of Mass Media Ethics 5 (3):211 – 212.
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  • Regarding optimum population.Partha Dasgupta - 2005 - Journal of Political Philosophy 13 (4):414–442.
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  • Rousseau as progressive instrurnentalist.John Darling - 1993 - Journal of Philosophy of Education 27 (1):27–39.
    In Emile Rousseau emphasises four pedagogical principles which have become associated with child-centred education. Rousseau's conception of education, however, is utilitarian. This combination of principles and overall conception anticipates one particular strand of policy thinking today: the ‘new vocationalism’. As a postscript, this paper asks why little work in the history of philosophy of education has been done, and identifies the early arguments of R. S. Peters as responsible for this failure.
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  • Equality of opportunity for education: One-off or lifelong?Alexander Brown - 2006 - Journal of Philosophy of Education 40 (1):63–84.
    Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...)
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  • In defence of educational equality.Harry Brighouse - 1995 - Journal of Philosophy of Education 29 (3):415–420.
    The principle of educational equality is important for the plausibility of egalitarianism. I argue against John Wilson's recent attempts to show that two particular versions of the principle are incoherent, and I rebut his argument that even if it were coherent it would be wrong to endorse it. Two other objections to this version of the principle are considered and shown not to be decisive. The principle governing the distribution of educational resources that Wilson advocates is also rejected.
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  • Is there a morally right price for anti-retroviral drugs in the developing world?Ross Brennan & Paul Baines - 2005 - Business Ethics, the Environment and Responsibility 15 (1):29–43.
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  • Using a code of research ethics.R. Martin Bibby - 1993 - Educational Philosophy and Theory 25 (2):49–64.
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  • The impossibility of corporate ethics: For a Levinasian approach to managerial ethics.David Bevan & Hervé Corvellec - 2007 - Business Ethics, the Environment and Responsibility 16 (3):208–219.
    The moral philosophy of Levinas offers a stark prospectus of impossibility for corporate ethics. It differs from most traditional ethical theories in that, for Levinas, the ethical develops in a personal meeting of one with the Other, rather than residing in some internal deliberation of the moral subject. Levinasian ethics emphasizes an infinite personal responsibility arising for each of us in the face of the Other and in the presence of the Third. It stresses the imperious demand we experience to (...)
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  • Autonomy and vulnerability: On just relations between adults and children.Sigal R. Benporath - 2003 - Journal of Philosophy of Education 37 (1):127–145.
    The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...)
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  • Constituting politics: Power, reciprocity, and identity.Lori Watson - 2007 - Hypatia 22 (4):96-112.
    : This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.
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  • Fractured community.Linnell Secomb - 2000 - Hypatia 15 (2):133-150.
    : Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resis-tance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.
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  • Fractured Community.Linnell Secomb - 2000 - Hypatia 15 (2):133-150.
    Unity, commonality, and agreement are generally understood to be the basis, or the aim, of community. This paper argues instead that disagreement and fracture are inherent to, and provide the expression of difference within, community. Drawing on the experience of race relations in Australia, this paper proposes that ongoing resistance and disagreement by Aboriginal groups against non-Aboriginal law and culture has enabled an unworking of homogenizing and totalizing forces which destroy alterity within community.
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  • Terrorists, hostages, victims, and "the crisis team": A "who's who" puzzle.Nancy Potter - 1999 - Hypatia 14 (3):126-156.
    : This essay examines the relationship between nonviolence and trustworthiness. I focus on questions of accountability for people in midlevel positions of power, where multiple loyalties and responsibilities create conflicts and where policies can push people into actions that reinstate hegemonic relations. A case study from crisis counseling is presented in which the (mis)management of the case exacerbated previous violence done to a biracial female. The importance of resistance to dominant ideology is scrutinized.
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  • Exploring a moral landscape: Genetic science and ethics.Barbara Nicholas - 2001 - Hypatia 16 (1):45-63.
    : This project draws on scholarship of feminist and womanist scholars, and on results of interviews with scientists currently involved in molecular genetics. With reference to Margaret Urban Walker's "practices of moral responsibility," the social practices of molecular geneticists are explored, and strategies identified through which scientists negotiate their moral responsibilities. The implications of this work for scientists and for feminists are discussed.
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  • Simone de beauvoir and the politics of privilege.Sonia Kruks - 2005 - Hypatia 20 (1):178-205.
    : How should socially privileged white feminists (and others) address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as "situated," and explores what this means for a politics of privilege.
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  • Simone de Beauvoir and the Politics of Privilege.Sonia Kruks - 2005 - Hypatia 20 (1):178-205.
    How should socially privileged white feminists address their privilege? Often, individuals are urged to overcome their own personal racism through a politics of self-transformation. The paper argues that this strategy may be problematic, since it rests on an over-autonomous conception of the self. The paper turns to Simone de Beauvoir for an alternative account of the self, as “situated,” and explores what this means for a politics of privilege.
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  • The ethical dimension of work: A feminist perspective.Sabine Gurtler & Andrew F. Smith - 2005 - Hypatia 20 (2):119-134.
    : My contribution intends to show that the traditional philosophical concept of work (Marx, Hegel, Kierkegaard, Marcuse, Arendt, Habermas, and the rest) leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes (...)
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  • The shadow of heterosexuality.Drucilla Cornell - 2007 - Hypatia 22 (1):229-242.
    : In this essay, Cornell first invokes the concept of 'imaginary domain' to challenge the legal legitimacy of heterosexism in any form. She then claims that the imposition of heterosexism on the imaginary is a trauma whose severity can be grasped only with the help of psychoanalysis. Second, she argues that we cannot understand or undermine the power of heterosexist ideas without an alternative ethic of love. In beginning to think about a love that would necessarily pit itself against heterosexism, (...)
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  • The Shadow of Heterosexuality.Drucilla Cornell - 2007 - Hypatia 22 (1):229-242.
    In this essay, Cornell first invokes the concept of ‘imaginary domain’ to challenge the legal legitimacy of heterosexism in any form. She then claims that the imposition of heterosexism on the imaginary is a trauma whose severity can be grasped only with the help of psychoanalysis. Second, she argues that we cannot understand or undermine the power of heterosexist ideas without an alternative ethic of love. In beginning to think about a love that would necessarily pit itself against heterosexism, Cornell (...)
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  • Responsibility ethics, shared understandings, and moral communities.Claudia Card - 2002 - Hypatia 17 (1):141-155.
    : Margaret Walker's Moral Understandings offers an "expressive-collaborative," culturally situated, practice-based picture of morality, critical of a "theoretical-juridical" picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the "theoretical-juridical" model, and asks how Walker's approach would apply to several ethical issues, including interaction with (other) animals, social reform and revolution, and basic human rights.
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  • Responsibility Ethics, Shared Understandings, and Moral Communities.Claudia Card - 2002 - Hypatia 17 (1):141-155.
    Margaret Walker's Moral Understandings offers an “expressive-collaborative,” culturally situated, practice—based picture of morality, critical of a “theoretical-juridical” picture in most prefeminist moral philosophy since Henry Sidgwick. This essay compares her approach to ethics with that of John Rawls, another exemplar of the “theoretical-juridical” model, and asks how Walker's approach would apply to several ethical issues, including interaction with animals, social reform and revolution, and basic human rights.
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  • Gay divorce: Thoughts on the legal regulation of marriage.Claudia Card - 2007 - Hypatia 22 (1):24-38.
    : Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
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  • Gay Divorce: Thoughts on the Legal Regulation of Marriage.Claudia Card - 2007 - Hypatia 22 (1):24-38.
    Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence.
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  • Genocide and social death.Claudia Card - 2003 - Hypatia 18 (1):63-79.
    : Social death, central to the evil of genocide (whether the genocide is homicidal or primarily cultural), distinguishes genocide from other mass murders. Loss of social vitality is loss of identity and thereby of meaning for one's existence. Seeing social death at the center of genocide takes our focus off body counts and loss of individual talents, directing us instead to mourn losses of relationships that create community and give meaning to the development of talents.
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  • Genocide and Social Death.Claudia Card - 2003 - Hypatia 18 (1):63-79.
    Social death, central to the evil of genocide, distinguishes genocide from other mass murders. Loss of social vitality is loss of identity and thereby of meaning for one's existence. Seeing social death at the center of genocide takes our focus off body counts and loss of individual talents, directing us instead to mourn losses of relationships that create community and give meaning to the development of talents.
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  • Transforming sacrifice: Irigaray and the politics of sexual difference.Anne Caldwell - 2002 - Hypatia 17 (4):16-39.
    : This essay examines Irigaray's analysis of politics and the political implications of her critique of sacrificial orders that repress difference/matter. I suggest that her descriptions of a fluid "feminine" can be read as an alternative symbolic not dependent on repression. This idea is politically promising in opening a possibility for justice and a nonantagonistic intersubjectivity. I conclude by assessing Irigaray's concrete proposals for sexuate rights and a civil identity for women.
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  • Reasons, explanation, and saramago's bell.Susan E. Babbitt - 2000 - Hypatia 20 (4):144-163.
    : In this essay, I suggest that significant insights of recent feminist philosophy lead, among other things, to the thought that it is not always better to choose than to be compelled to do what one might have done otherwise. However, few feminists, if any, would defend such a suggestion. I ask why it is difficult to consider certain ideas that, while challenging in theory, are, nonetheless, rather unproblematic in practice. I suggest that some questions are not pursued seriously enough (...)
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  • As you were? Moral philosophy and the aetiology of moral experience.Garrett Cullity - 2006 - Philosophical Explorations 9 (1):117 – 132.
    What is the significance of empirical work on moral judgement for moral philosophy? Although the more radical conclusions that some writers have attempted to draw from this work are overstated, few areas of moral philosophy can remain unaffected by it. The most important question it raises is in moral epistemology. Given the explanation of our moral experience, how far can we trust it? Responding to this, the view defended here emphasizes the interrelatedness of moral psychology and moral epistemology. On this (...)
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