Results for 'procedural justice'

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  1. Procedural Justice and Affirmative Action.Kristina Meshelski - 2016 - Ethical Theory and Moral Practice 19 (2):425-443.
    There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal (...)
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  2. Procedural Justice.Lawrence B. Solum - 2004 - Southern California Law Review 78:181.
    "Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins (...)
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  3. Procedural Justice and Information in Conflict-Resolving Institutions.Kenneth M. Ehrenberg - 2003 - Albany Law Review 67:167-209.
    Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.
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  4. Parity and Procedural Justice.Karen Green - 2006 - Essays in Philosophy 7 (1):4.
    In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...)
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  5. International NGO Health Programs in a Non-Ideal World: Imperialism, Respect & Procedural Justice.Lisa Fuller - 2012 - In E. Emanuel J. Millum (ed.), Global Justice and Bioethics. Oxford University Press. pp. 213-240.
    Many people in the developing world access essential health services either partially or primarily through programs run by international non-governmental organizations (INGOs). Given that such programs are typically designed and run by Westerners, and funded by Western countries and their citizens, it is not surprising that such programs are regarded by many as vehicles for Western cultural imperialism. In this chapter, I consider this phenomenon as it emerges in the context of development and humanitarian aid programs, particularly those delivering medical (...)
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  6. Rawls's Socialism and Pure Procedural Justice.Kristina Meshelski - 2019 - Ethical Perspectives 26 (2):343-347.
    Part of a symposium on John Rawls: Reticent Socialist by William Edmundson . In Edmundson’s account, pure procedural justice functions as a kind of limit to Rawls’s socialism, the point at which a socialist can find common ground with a critic of government and a defender of free markets like Hayek. Though I agree with much of what Edmundson says, I want to urge a reading of pure procedural justice that would bring Rawls more in line (...)
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  7. Epistemic Justice, Ignorance, and Procedural Objectivity—Editor's Introduction.Alison Wylie - 2011 - Hypatia 26 (2):233-235.
    The groundwork has long been laid, by feminist and critical race theorists, for recognizing that a robust social epistemology must be centrally concerned with questions of epistemic injustice; it must provide an account of how inequitable social relations inflect what counts as knowledge and who is recognized as a credible knower. The cluster of papers we present here came together serendipitously and represent a striking convergence of interest in exactly these issues. In their different ways, each contributor is concerned both (...)
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  8. Organizational Justice and Job Outcomes: Moderating Role of Islamic Work Ethic.Khurram Khan, Muhammad Abbas, Asma Gul & Usman Raja - 2015 - Journal of Business Ethics 126 (2):1-12.
    Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In (...)
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  9. Sulfate Aerosol Geoengineering: The Question of Justice.Toby Svoboda, Klaus Keller, Marlos Goes & Nancy Tuana - 2011 - Public Affairs Quarterly 25 (3):157-180.
    Some authors have called for increased research on various forms of geoengineering as a means to address global climate change. This paper focuses on the question of whether a particular form of geoengineering, namely deploying sulfate aerosols in the stratosphere to counteract some of the effects of increased greenhouse gas concentrations, would be a just response to climate change. In particular, we examine problems sulfate aerosol geoengineering (SAG) faces in meeting the requirements of distributive, intergenerational, and procedural justice. (...)
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  10. Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - forthcoming - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott (eds.), Procedural Justice and Relational Theory: Philosophical, Empirical and Legal Perspectives. Routledge.
    This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...)
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  11. Determinants of Organizational Justice and Their Relationship to Conscientious Behavior From the Point Of View of Officers Working In the Palestinian Police Force.Ahmed I. Alhussaina, Mohammed N. R. Abusamaan, Mazen J. Al-Shobaki, Suliman A. El Talla & Samy S. Abu-Naser - 2021 - International Journal of Academic Accounting, Finance and Management Research(IJAAFMR) 5 (2):67-88.
    Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among (...)
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  12. The Rule of Law and the Importance of Procedure.Jeremy Waldron - 2011 - Nomos 50:3-31.
    Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do (...)
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  13. COSMIC JUSTICE HYPOTHESES.John Corcoran & William Frank - 2014 - Bulletin of Symbolic Logic 20 (2):247-248.
    Cosmic Justice Hypotheses. -/- This applied-logic lecture builds on [1] arguing that character traits fostered by logic serve clarity and understanding in ethics, confirming hopeful views of Alfred Tarski [2, Preface, and personal communication]. Hypotheses in one strict usage are propositions not known to be true and not known to be false or—more loosely—propositions so considered for discussion purposes [1, p. 38]. Logic studies hypotheses by determining their implications (propositions they imply) and their implicants (propositions that imply them). Logic (...)
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  14. Metaaksiologiczna legitymizacja procedur a Konstytucja RP [Mataaxiological Legitimisations of Procedures and the Polish Constitution]. Piechowiak - 2014 - In Małgorzata Masternak-Kubiak, Anna Młynarska-Sobaczewska & Artur Preisner (eds.), Prawowitość władzy państwowej. beta-druk. pp. 129-146.
    W niniejszym opracowaniu zmierzać będę do uzasadnienia tezy, że przyj­ mowane procedury prawotwórcze i interpretacyjne nie tylko, co oczywiste, są legitymizowane wartościami typu formalnego, i co więcej, nie tylko war­ tościami typu materialnego, których realizacji służyć ma system prawny, ale także fundamentalnymi rozstrzygnięciami metaaksjologicznymi, dotyczącymi tego, jak istnieją i jak mogą być poznawane wartości. Zmierzając do realizacji tego celu uwyraźnię problematykę metaaksjologiczną w kontekście zagadnie­nia legitymizacji, formułując zasadnicze dylematy, które sprowadzają się do wyboru między koncepcją czystych wartości a koncepcją wartości (...)
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  15.  50
    Sensing Organizational Justice and Its Relationship to Altruistic Behavior in the Palestinian Police.Rafat H. Alhor, Mohammed N. R. Abusamaan, Mazen J. Al Shobaki, Suliman A. El Talla & Samy S. Abu-Naser - 2021 - International Journal of Academic Accounting, Finance and Management Research(IJAAFMR) 5 (3):17-43.
    Abstract: This study aimed to analyze the relationship between the determinants of organizational justice and altruistic behavior from the point of view of the police officers in Gaza Strip. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates (...)
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  16. Doing Justice To Recognition.Will Colish - 2009 - Les ateliers de l'éthique/The Ethics Forum 4 (2):4-15.
    The traditional role of justice is to arbitrate where the good will of people is not enough, if even present, to settle a dispute between the concerned parties. It is a procedural approach that assumes a fractured relationship between those involved. Recognition, at first glance, would not seem to mirror these aspects of justice. Yet recognition is very much a subject of justice these days. The aim of this paper is to question the applicability of (...) to the practice of recognition. The methodological orientation of this paper is a Kantian-style critique of the institution of justice, highlighting the limits of its reach and the dangers of overextension. The critique unfolds in the following three steps: 1) There is an immediate appeal to justice as a practice of recognition through its commitment to universality. This allure is shown to be deceptive in providing no prescription for the actual practice of this universality. 2) The interventionist character of justice is designed to address divided relationships. If recognition is only given expression through this channel, then we can only assume division as our starting ground. 3) The outcome of justice in respect to recognition is identification. This identification is left vulnerable to misrecognition itself, creating a cycle of injustice that demands recognition from anew. It seems to be well accepted that recognition is essential to justice, but less clear how to do justice to recognition. This paper is an effort in clarification. (shrink)
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  17. Justice and the Crooked Wood of Human Nature.Adam Cureton - 2014 - In Alexander Kaufman (ed.), Distributive Justice and Access to Advantage: G. A. Cohen's Egalitarianism. Cambridge University Press: pp. 79-94.
    G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his (...)
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  18. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...)
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  19.  82
    Access to Justice and the Public Interest in the Administration of Justice.Lucinda Vandervort - 2012 - University of New Brunswick Law Journal 63:124-144.
    The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author (...)
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  20. Libertarian Patriarchalism: Nudges, Procedural Roadblocks, and Reproductive Choice.Govind Persad - 2014 - Women’s Rights L. Rep 35:273--466.
    Cass Sunstein and Richard Thaler's proposal that social and legal institutions should steer individuals toward some options and away from others-a stance they dub "libertarian paternalism"-has provoked much high-level discussion in both academic and policy settings. Sunstein and Thaler believe that steering, or "nudging," individuals is easier to justify than the bans or mandates that traditional paternalism involves. -/- This Article considers the connection between libertarian paternalism and the regulation of reproductive choice. I first discuss the use of nudges to (...)
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  21. The Entitlement Theory of Justice in Nozick’s Anarchy, State and Utopia.Okpe Timothy Adie & Joseph Simon Effenji - 2018 - GNOSI: An Interdisciplinary Journal of Human Theory and Praxis 1 (1):79-68.
    Nozick’s entitlement theory of justice has its major attempts to defend the institution of private property and to criticize the redistributive measures on the part of government. Nozick frowns at Rawls’ approach and the approach of welfare economics, which focused on evaluating only current time-slices of a distribution with no concern about the procedural aspects of justice. His notion of distributive justice has its anchorage on the account of what and how a given person is entitled (...)
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  22. Conceptual Disagreement About Justice: Verbal, but Not Merely Verbal.Kyle Johannsen - 2019 - Dialogue 58 (4):701-9.
    In this paper, I introduce the articles contained in this special issue, and I briefly explain some of the main arguments presented in my book 'A Conceptual Investigation of Justice'. A central claim in my book is that a verbal and yet also philosophically substantial disagreement over the word ‘justice’ lies at the heart of a number of issues in contemporary political philosophy. Over the course of introducing my book’s arguments and the commentaries in this issue, I also (...)
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  23. On the Conceptual Status of Justice.Kyle Johannsen - 2015 - Dissertation, Queen's University
    In contemporary debates about justice, political philosophers take themselves to be engaged with a subject that’s narrower than the whole of morality. Many contemporary liberals, notably John Rawls, understand this narrowness in terms of context specificity. On their view, justice is the part of morality that applies to the context of a society’s institutions, but only has indirect application to the context of citizens’ personal lives. In contrast, many value pluralists, notably G.A. Cohen, understand justice’s narrowness in (...)
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  24. Against Sen Against Rawls On Justice.Evan Riley - 2011 - Indian Journal of Human Development 5 (1):211-221.
    Amartya Sen has recently leveled a series of what he alleges to be quite serious very general objections against Rawls, Rawlsian fellow travelers, and other social contract accounts of justice. In The Idea of Justice, published in 2009, Sen specifically charges his target philosophical views with what calls transcendentalism, procedural parochialism, and with being mistakenly narrowly focused on institutions. He also thinks there is a basic incoherence—arising from a version of Derek Parfit’s Identity Problem—internal to the Rawslian (...)
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  25. Mitochondrial Replacement Techniques: Genetic Relatedness, Gender Implications, and Justice.César Palacios-González & Tetsuya Ishii - 2017 - Gender and the Genome 1 (4):1-6.
    In 2015 the United Kingdom (UK) became the first nation to legalize egg and zygotic nuclear transfer procedures using mitochondrial replacement techniques (MRTs) to prevent the maternal transmission of serious mitochondrial DNA diseases to offspring. These techniques are a form of human germline genetic modification and can happen intentionally if female embryos are selected during the MRT clinical process, either through sperm selection or preimplantation genetic diagnosis (PGD). In the same year, an MRT was performed by a United States (U.S.)-based (...)
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  26. Trading on Ignorance: Amending Insufficiencies in Nozick's Entitlement Theory.Matt Jeffers - 2014 - Libertarian Papers 6.
    Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as (...)
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  27.  86
    Gleiche Gerechtigkeit: Grundlagen Eines Liberalen Egalitarismus.Stefan Gosepath - 2004 - Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, (...)
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  28. Difficult Trade-Offs in Response to COVID-19: The Case for Open and Inclusive Decision-Making.Ole Frithjof Norheim, Joelle Abi-Rached, Liam Kofi Bright, Kristine Baeroe, Octavio Ferraz, Siri Gloppen & Alex Voorhoeve - 2021 - Nature Medicine 27:10-13.
    We argue that deliberative decision-making that is inclusive, transparent and accountable can contribute to more trustworthy and legitimate decisions on difficult ethical questions and political trade-offs during the pandemic and beyond.
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  29. Justified Belief and Just Conviction.Clayton Littlejohn - forthcoming - In Jon Robson & Zachary Hoskins (eds.), Truth and Trial. Routledge.
    Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...)
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  30. What is Wrong with Nimbys? Renewable Energy, Landscape Impacts and Incommensurable Values.Anne Schwenkenbecher - 2017 - Environmental Values 26 (6):711-732.
    Local opposition to infrastructure projects implementing renewable energy (RE) such as wind farms is often strong even if state-wide support for RE is strikingly high. The slogan “Not In My BackYard” (NIMBY) has become synonymous for this kind of protest. This paper revisits the question of what is wrong with NIMBYs about RE projects and how to best address them. I will argue that local opponents to wind farm (and other RE) developments do not necessarily fail to contribute their fair (...)
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  31. Proceed with Caution.Annette Zimmermann & Chad Lee-Stronach - 2021 - Canadian Journal of Philosophy.
    It is becoming more common that the decision-makers in private and public institutions are predictive algorithmic systems, not humans. This article argues that relying on algorithmic systems is procedurally unjust in contexts involving background conditions of structural injustice. Under such nonideal conditions, algorithmic systems, if left to their own devices, cannot meet a necessary condition of procedural justice, because they fail to provide a sufficiently nuanced model of which cases count as relevantly similar. Resolving this problem requires deliberative (...)
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  32. Public Provision of Environmental Goods: Neutrality or Sustainability? A Reply to David Miller.Michael Hannis - 2005 - Environmental Politics 14 (5):577-595.
    Theorists of liberal neutrality, including in this context David Miller, claim that it is unjust for environmental policy to privilege a particular conception of the good by appealing to normative principles derived from any substantive conception of human flourishing. However, analysis of Miller's arguments reveals the inability of procedural justice thus understood to adequately engage with the complex and contested issue of the relationship between human beings and the rest of the world. Miller's attempt to distinguish categories of (...)
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  33. Are Algorithms Value-Free? Feminist Theoretical Virtues in Machine Learning.Gabbrielle Johnson - forthcoming - Journal Moral Philosophy.
    As inductive decision-making procedures, the inferences made by machine learning programs are subject to underdetermination by evidence and bear inductive risk. One strategy for overcoming these challenges is guided by a presumption in philosophy of science that inductive inferences can and should be value-free. Applied to machine learning programs, the strategy assumes that the influence of values is restricted to data and decision outcomes, thereby omitting internal value-laden design choice points. In this paper, I apply arguments from feminist philosophy of (...)
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  34.  41
    A Place Without a Form.David Kolb - 1981 - In Proceedings of the Fifteenth Heidegger Conference.
    The old spiritual masters told us to be in the world but not of it. We moderns have given this a secular twist. We are in our world — we have values, ways of life, world pictures — but not of it — we are to be aware of our freedom, aware of the contingency of our world and its dependence on factors many of which are or will be under our control. We both inhabit our world and enjoy the (...)
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  35. Lockean Provisos and State of Nature Theories.J. H. Bogart - 1985 - Ethics 95 (4):828-836.
    State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of (...)
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  36.  69
    Echo Chambers, Epistemic Injustice and Anti-Intellectualism.Carline Klijnman - 2021 - Social Epistemology Review and Reply Collective 10 (6):36-45.
    C. Thi Nguyen's (2020) recent account of echo chambers as social epistemic structures that actively exclude outsiders’ voices has sparked debate on the connection between echo chambers and epistemic injustice (Santos 2021; Catala 2021; Elzinga 2021).In this paper I am mainly concerned with the connection between echo chambers and testimonial injustice, understood as an instance whereby a speaker receives less epistemic credibility than they deserve, due to a prejudice in the hearer (Fricker 2007). In her reconstruction of the types of (...)
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  37. Renewables.Anne Schwenkenbecher & Martin Brueckner - forthcoming - In Benjamin Hale & Andrew Light (eds.), Routledge Companion to Environmental Ethics. Routledge.
    There exist overwhelming – and morally compelling – reasons for shifting to renewable energy (RE), because only that will enable us to timely mitigate dangerous global warming. In addition, several other morally weighty reasons speak in favor of the shift: considerable public health benefits, broader environmental benefits, the potential for sustainable and equitable economic development and equitable energy access, and, finally, long-term energy security. Furthermore, it appears that the transition to RE is economically, technologically, and politically feasible at this point (...)
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  38. From Choice to Chance? Saving People, Fairness, and Lotteries.Tim Henning - 2015 - Philosophical Review 124 (2):169-206.
    Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of (...)
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  39. Political Quality.David Estlund - 2000 - Social Philosophy and Policy 17 (1):127.
    Political equality is in tension with political quality, and quality has recently been neglected. My thesis is that proper attention to the quality of democratic procedures and their outcomes requires that we accept substantive inequalities of political input in the interest of increasing input overall. Mainly, I hope to refute political egalitarianism, the view that justice or legitimacy requires substantive political equality, specifically equal availability of power or influence over collective choices that have legal force. I hope to show (...)
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  40. Jeremy Waldron on Law and Disagreement.David Estlund - 2000 - Philosophical Studies 99 (1):111-128.
    Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement (...)
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  41. Rawls’s Justification Model for Ethics: What Exactly Does It Justify?Necip Fikri Alican - 2017 - Humanitas 30 (1/2):112–147.
    John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a (...)
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  42. Rawls’s Justification Model for Ethics: What Exactly Justifies the Model?Necip Fikri Alican - 2020 - Dialogue and Universalism 30 (1):171–190.
    This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same op-position. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to pursue in (...)
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  43. In Defence of Exploitation.Justin Schwartz - 1995 - Economics and Philosophy 11 (2):275--307.
    Roemer's attempt to undermine the normative reasons that Marxists have thought exploitation important (domination, alienation, and inequality) is vitiated by several crucial errors. First, Roemer ignores the dimension of freedom which is Marx's main concern and replaces it with an interest in justice, which Marx rejected. This leads him to misconstrue the nature of exploitation as Marx understands it. Second, his procedure for disconnecting these evils from exploitation, or denying their importance, involves the methodological assumption that exploitation must strictly (...)
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  44. The Structure of Death Penalty Arguments.Matt Stichter - 2014 - Res Publica 20 (2):129-143.
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...)
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  45. Towards a Non-Positivist Approach to Cosmopolitan Immigration: A Critique of the Inclusion/Exclusion Dialectic and an Analysis of Selected European Immigration Policies.Mason Richey - 2010 - Journal of International and Area Studies 17 (1):55-74.
    This interdisciplinary paper identifies principles of an affluent country (im)migration policy that avoids: (1) the positivist inclusion/exclusion mechanism of liberalism and communitarianism; and (2) the idealism of most cosmopolitan (im)migration theories. First, I: (a) critique the failure of liberalism and communitarianism to consider (im)migration under distributive justice; and (b) present cosmopolitan (im)migration approaches as a promising alternative. This paper’s central claim is that cosmopolitan (im)migration theory can determine normative shortcomings in (im)migration policy by coupling elements of Frankfurt School methodology (...)
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  46. On the Universality of Habermas's Discourse Ethics.Mira Johri - 1997 - Dissertation, Mcgill University (Canada)
    This thesis investigates Habermas's attempt to establish a credible form of universalism in moral and political philosophy by means of the theoretical approach which he terms "discourse ethics." The central question motivating this study is whether Habermas succeeds in this ambition. Discourse ethics specifies a procedure which purports to enable all agents involved in a conflict of interest in which issues of justice are at stake to come to a rational and cooperative resolution. It proposes a position unique among (...)
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  47.  57
    Reconstrução Normativa vs. Procedimentalismo: a crítica de Axel Honneth ao liberalismo procedimental.Thadeu Weber & Gustavo Oliva de Oliveira - 2019 - Kinesis 11 (28):114-132.
    Contemporary political philosophy is, to a certain degree, dominated by a family of theories that invoke hypothetical procedures as a method of normative justification. This article intends to analyze Axel Honneth’s critique of the so-called “proceduralism” in theories of justice, as well as to examine the author’s alternative proposal for a justification method, what he calls “normative reconstruction”. Honneth’s complaints are divided in three parts: critiques of the understanding of justice, the method of justification, and the scope of (...)
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  48. Cultural Claims and the Limits of Liberal Democracy.Ranjoo Seodu Herr - 2008 - Social Theory and Practice 34 (1):25-48.
    Amy Gutmann and Dennis Thompson’s theory of deliberative democracy has been widely influential and favorably viewed by many as a successful attempt to combine procedural and substantive aspects of democracy, while remaining quintessentially liberal. Although I admit that their conception is one of the strongest renditions of liberal democracy, I argue that it is inadequate in radically multicultural societies that house non-liberal cultural minorities. By focusing on Gutmann’s position on minority claims of culture in the liberal West, which follows (...)
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  49. Punishment and Psychology in Plato’s Gorgias.J. Clerk Shaw - 2015 - Polis 32 (1):75-95.
    In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.
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  50. Il relativismo etico fra antropologia culturale e filosofia analitica.Sergio Volodia Marcello Cremaschi - 2007 - In I. Tolomio (ed.), Rileggere l'etica tra contingenza e principi. Padova, Italy: CLUEP. pp. 15-46.
    I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are at least (...)
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