The Argument from Injustice

At the heart of this book is the age-old question of how law and morality are related.

The Argument from Injustice

Author: Robert Alexy

Publisher: Oxford University Press

ISBN: 0198259875

Page: 142

View: 375

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.

Structural Injustice

The Common Structure of Strong Statist Arguments The comparative merits of
different ways of justifying the claim that ... that our theory of structural injustice
identifies as fundamental and equally at home both within a society and beyond it
.

Structural Injustice

Author: Madison Powers

Publisher: Oxford University Press, USA

ISBN: 0190053984

Page: 324

View: 313

Madison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden's theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a structural theory to be broadly applicable both within and across national boundaries its central claims must be universally endorsable. Instead, Powers and Faden find support for their theory in examples of structural injustice around the world, and in the insights and perspectives of related social movements. Their theory also differs from approaches that make enhanced democratic decision-making or the global extension of republican institutions the centerpiece of proposed remedies. Instead, the theory focuses on justifiable forms of resistance in circumstances in which institutions are unwilling or unable to address pressing problems of injustice. The insights developed in Structural Injustice will interest not only scholars and students in a range of disciplines from political philosophy to feminist theory and environmental justice, but also activists and journalists engaged with issues of social justice.

Law Rights and Discourse

Both begin with the endorsement of the argument of correctness and continue by
contesting the claim that it has any power to undermine positivism . I attempt to
counter the first strategy by means of the argument from injustice , the second by
 ...

Law  Rights and Discourse

Author: Robert Alexy

Publisher: Hart Publishing

ISBN:

Page: 378

View: 547

This volume reflects the breadth of Alexy's philosophy, identifies new areas of inquiry and offers a new impetus to the discourse theory of law.

Reports of All the Cases Decided by All the Superior Courts Relating to Magistrates Municipal and Parochial Law

BRETT , J.A. – With regard to the argument of A conviction before justices under
16 & 17 Vict . c . injustice , I hold that where a statute is capable of 119 , s . 3 , for
keeping a gaming house , is a two constructions , one of which leads to manifest
 ...

Reports of All the Cases Decided by All the Superior Courts Relating to Magistrates  Municipal  and Parochial Law

Author: Great Britain. Magistrates' cases

Publisher:

ISBN:

Page:

View: 472

What Does Injustice Have to Do with Me

They're teaching them to emphasize ethnic solidarity . . . and I think that's exactly
the wrong thing to do in the public schools.54 On the other side was the
argument that the promulgation of a singular narrative, typically one with “
overwhelming ...

 What Does Injustice Have to Do with Me

Author: David Nurenberg

Publisher: Rowman & Littlefield Publishers

ISBN: 1475853750

Page: 224

View: 237

"This book provides educators with strategies for engaging privileged, affluent white students in developing competencies for social justice. The education of such students is not only critical for our society, but also for helping those young people transcend anxiety and cynicism to find meaning and self-confidence as activist allies"--

Prize Essay Local Taxation an essay on the injustice inequalities and anomalies of the present poor rate assessment To which was awarded the prize offered by the Local Taxation Committee

CHAPTER IV . . The argument refuted that rates are no taxation , but a rent
charge — The value of real property has not increased in an equal ratio with that
of other property — Mr . Mill's theory refuted that the increase in value of real
property ...

Prize Essay  Local Taxation  an essay on the injustice  inequalities and anomalies of the present poor rate assessment     To which was awarded the prize offered by the Local Taxation Committee

Author: Christian F. GARDNER

Publisher:

ISBN:

Page:

View: 864

Congressional Record

I am prompted only by a desire to right an injustice . Right an injustice . What has
neutrality to do with righting injustices ? Have we not heard that before ? I think I
have heard the Senator from North Dakota say , and , if I have not , I will stand ...

Congressional Record

Author: United States. Congress

Publisher:

ISBN:

Page:

View: 751

The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)

Making Sense of Affirmative Action

Turning to cases where compensation-focused arguments are relevant, I will take
my point of departure in what I shall call the compensation argument: 1. Members
of a particular group, G, are victims of past injustice.3 2. For any group, X, ...

Making Sense of Affirmative Action

Author: Kasper Lippert-Rasmussen

Publisher: Oxford University Press, USA

ISBN: 0190648783

Page: 296

View: 550

"What makes affirmative action morally (un)justified? That is this book's core question. Its main contribution consists in a meticulous scrutiny of the strength of the six main arguments for-i.e., the compensation, the anti-discrimination, the equality of opportunity, the role model, the diversity, and the integration-based justifications-and the five main objections to affirmative action-i.e., the reverse discrimination, the stigma, the mismatch, the publicity, and the merit-based objections-and of how these arguments relate to one another. The book argues that all of the five main objections to affirmative action are either flawed or quite limited in terms of their implications. With regard to the arguments in favor of affirmative action, the book shows why the anti-discrimination and equality of opportunity-based arguments provide strong justifications for many affirmative action schemes. In light thereof and the fact that the five most influential arguments against affirmative action are all flawed or otherwise weak, the overall claim defended in the book is that many of the schemes that people have in mind when they discuss affirmative action (many of which are presently on the retreat) are justified. However, the book also emphasizes that any definitive answer to the question Is affirmative action morally (un)justified? must rest on a wide range of empirical results in the social sciences etc., e.g., about the likely effects of various affirmative action schemes; and that the question, when posed in such general form (unlike when it is asked about specific schemes of affirmative action), admits of no direct positive or negative answer"--

Select British Eloquence

That is I think , the very act itself as an argument for the ground on which I rest ,
and here it Injustice of the abolition . If it is shown that , instead of be - is that I say
my right honorable friends the trade . ing " very advantageous " to Great Britain ...

Select British Eloquence

Author: Chauncey Allen Goodrich

Publisher:

ISBN:

Page: 947

View: 874

Philosophical Foundations of the Law of Equity

Rules, Discretion, and Justice Some rules do injustice because they have been
badly framed.4 The argument for equity is that rules may do injustice even where
there is no deficiency in their framing. How so? The argument goes back to ...

Philosophical Foundations of the Law of Equity

Author: Dennis Klimchuk

Publisher: Oxford University Press, USA

ISBN: 0198817657

Page: 400

View: 594

The law of Equity, a latecomer to the field of private law theory, raises fundamental questions about the relationships between law and morality, the nature of rights, and the extent to which we are willing to compromise on the rule of law ideal to achieve social goals. In this volume, leading scholars come together to address these and other questions about underlying principles of Equity and its relationship to the common law: What relationships, if any, are there between the legal, philosophical, and moral senses of 'equity'? Does Equity form a second-order constraint on law? If so, is its operation at odds with the rule of law? Do the various theories of Equity require some kind of separation of law and equity-and, if they do, what kind of separation? The volume further sheds light on some of the most topical questions of jurisprudence that are embedded in the debate around 'fusion'. A noteworthy addition to the Philosophical Foundations series, this volume is an important contribution to an ongoing debate, and will be of value to students and scholars across the discipline.

Law Reason and Justice

The process of legal reasoning is thus one of deploying a wide range of
acceptable arguments the scope of which ... to be convinced by ) the argument
that a certain interpretation of a statute would lead to a grave injustice , why
should we ...

Law  Reason  and Justice

Author: Graham Hughes

Publisher: New York : New York University Press

ISBN:

Page: 269

View: 357

Torture

Let me now briefly turn to another Italian philosopher , Pietro Verri . When he
writes on torture and its intrinsic injustice Verri is thinking about judicial torture ,
which is usually justified by the argument of public security and the common
good .

Torture

Author: Bev Clucas

Publisher: Nomos Verlagsgesellschaft Mbh & Company

ISBN:

Page: 206

View: 107

Not so long ago, the only respectable question for philosophical, legal, and political scholars to ask about torture was how to ensure its effective legal prohibition. Recently, however, some leading lawyers and legal theorists have challenged those who are absolutely opposed to torture, arguing that, in some circumstances, torture may be morally permissible or even required. This has provoked a range of responses, from outraged dismissal to cautious concessions that the law has to adjust to new realities. This volume contains writings by some of the leading contributors to these debates. Distinctively, it supplements the discussion about the morality of torture â?? and the morality of discussing torture â?? with essays which provide important legal, sociological, and historical analyses of this appalling human practice and of the attempts to control it. With an international and interdisciplinary authorship, Torture: Moral Absolutes and Ambiguities will be essential reading for legal and political theorists, philosophers, sociologists, historians, and indeed anybody interested in serious and informed thinking about this most disturbing phenomenon.

The Parliamentary Debates

The injustice , if it many arguments are based , how many be injustice , which you
say is committed changes have taken place ! -- changes con upon the millions in
Ireland would not be sequent upon the famine , upon emigration , the less ...

The Parliamentary Debates

Author: Great Britain. Parliament

Publisher:

ISBN:

Page:

View: 920

The New Englander

It is only a parody of the arguments by which it was proved that to inflict injustice
is more painful than to suffer it . ” ( 151 – 2 . ) Socrates , “ by looking inwards , "
read in his moral consciousness , the sublime fact , that “ to inflict injustice
wounds ...

The New Englander

Author:

Publisher:

ISBN:

Page:

View: 740