Impartiality in Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Impartiality in Context write by Shane O'Neill. This book was released on 1997-07-10. Impartiality in Context available in PDF, EPUB and Kindle. In this book, Shane O'Neill argues that the theory of justice must take seriously two dimensions of pluralism in the modern world. While it must acknowledge the plurality of individual conceptions of the good that is characteristic of every modern society, it must also reckon with the plurality of historically unique, culturally specific, political societies. O'Neill offers a distinctive perspective on an extremely significant current debate about universalism and particularism in political philosophy. Justice, he maintains, must be understood both in terms of an impartial point of view that respects differing conceptions of the good and in relation to the particular contexts in which disputes about norms and principles arise. Liberals, most notably John Rawls, have tended to privilege the former aspect of justice, while communitarians, especially Michael Walzer, have stressed the latter. O'Neill shows how Habermas's discourse ethics can overcome the limitations of these alternatives by providing theoretical tools that allow us to ground impartiality in particular contexts. This position is developed through an exploration of the complementary roles of moral and ethical discourses and an application of the theory to the political conflict in Northern Ireland. This careful and detailed philosophical argument offers a valuable critical introduction to a range of important topics, including the communitarian critique of liberalism, feminist perspectives on justice, the interpretive turn in political philosophy, the theory of communicative action, the dynamics of a discursive democracy, and the politics of recognition.
Impartiality in Context
Impartiality in Context - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Impartiality in Context write by Shane O'Neill. This book was released on 1997-07-10. Impartiality in Context available in PDF, EPUB and Kindle. Assesses critically the work of Rawls, Walzer, and Habermas and presents a theory of justice that responds to two senses of pluralism.
The Possibility of Impartiality
The Possibility of Impartiality - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Possibility of Impartiality write by William Lucy. This book was released on 2010. The Possibility of Impartiality available in PDF, EPUB and Kindle. This essay offers a general account of the idea of impartiality and examines the senses in which adjudication is and is not impartial. Against those who would derive an account of impartiality from more general moral or political theories, the essay shows that ordinary thought embodies a coherent and reasonably rich conception of impartiality, some of the principal features of which are also in play in adjudication. Against those who claim that impartiality in adjudication is impossible or illusory, it is argued that there are some meaningful senses in which adjudication is indeed impartial. The essay concludes that in the adjudicative context impartiality might even be considered a virtue, albeit a limited one.
A Theory of Mediators' Ethics
A Theory of Mediators' Ethics - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Theory of Mediators' Ethics write by Omer Shapira. This book was released on 2016-03-14. A Theory of Mediators' Ethics available in PDF, EPUB and Kindle. Omer Shapira proposes and justifies a theory of mediators' ethics which guides mediators' conduct and applies to mediators at large.
How Judges Think
How Judges Think - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook How Judges Think write by Richard A. Posner. This book was released on 2010-05-01. How Judges Think available in PDF, EPUB and Kindle. A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
