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Liberalism, Justice, and Markets: A Critique of Liberal Equality

Colin M. Macleod

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198293972
eISBN:
9780191599798
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198293976.001.0001
Subject:
Political Science, Political Theory

This book presents a systemic and definitive critique of Ronald Dworkin's highly influential theory of liberal equality. Focusing on the connection Dworkin attempts to establish between economic ... More


Liberal Foundations

Matthew Clayton

in Justice and Legitimacy in Upbringing

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199268948
eISBN:
9780191603693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199268940.003.0002
Subject:
Political Science, Political Theory

This chapter sets out the liberal ideals of justice and legitimacy that form the basis of the conception of upbringing defended in later chapters. It begins with a summary of Rawls’s conception of ... More


Childrearing Rights and Their Distribution

Matthew Clayton

in Justice and Legitimacy in Upbringing

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199268948
eISBN:
9780191603693
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199268940.003.0003
Subject:
Political Science, Political Theory

On what bases should childrearing rights and resources be allocated to different individuals? Criticising child-centred responses to this question, this chapter sets out a dual interest conception ... More


Social Justice and Environmental Goods 1

David Miller

in Fairness and Futurity: Essays on Environmental Sustainability and Social Justice

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294894
eISBN:
9780191599064
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294891.003.0007
Subject:
Political Science, Environmental Politics

David Miller grapples with the sustainability question in the context of liberal theories of justice. He believes that environmental goods are as appropriately related to theories of justice as any ... More


Introduction: The “International” Constitutional Judge

Stephen Breyer

in Exploring Law's Empire: The Jurisprudence of Ronald Dworkin

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546145
eISBN:
9780191706462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546145.003.0001
Subject:
Law, Philosophy of Law

Justice Breyer's introductory essay recounts a discussion Dworkin led at a conference of international judges. Justice Breyer goes on to describe how Dworkin's work has influenced the way judges on ... More


Rights as Valid Claims

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0004
Subject:
Political Science, Political Theory

No real consensus has emerged on whether rights, in order to be rights, require social recognition (and beyond that, social maintenance). In considering this issue one school of thought—embracing ... More


The Concept of Overall Freedom

Ian Carter

in A Measure of Freedom

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198294535
eISBN:
9780191598951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198294530.003.0002
Subject:
Political Science, Political Theory

Some authors, such as Felix Oppenheim, Will Kymlicka and Ronald Dworkin, have claimed that the notion of degrees of freedom makes no sense, or in any case plays no part in a liberal theory of ... More


Introduction

Colin M. Macleod

in Liberalism, Justice, and Markets: A Critique of Liberal Equality

Published in print:
1998
Published Online:
November 2003
ISBN:
9780198293972
eISBN:
9780191599798
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198293976.003.0001
Subject:
Political Science, Political Theory

Provides an overview of the nature and importance of Ronald Dworkin's influential account of liberal equality expressed in theory of equality of resources. Special emphasis is placed on the novelty ... More


Euthanasia

Richard Kraut

in Against Absolute Goodness

Published in print:
2012
Published Online:
January 2012
ISBN:
9780199844463
eISBN:
9780199919550
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199844463.003.0026
Subject:
Philosophy, Moral Philosophy

The intrinsic value of human life was cited in a 1990 decision of the U.S. Supreme Court (Cruzan v. Director, Missouri Department of Health) as one legitimate basis on which a state can forbid ... More


In Defense of Legal Positivism: Law Without Trimmings

Matthew H. Kramer

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.001.0001
Subject:
Law, Philosophy of Law

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety ... More


Introduction

MATTHEW D. ADLER and KENNETH EINAR HIMMA

in The Rule of Recognition and the U.S. Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343298
eISBN:
9780199867806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343298.003.0014
Subject:
Law, Constitutional and Administrative Law

This introductory chapter begins with a discussion of H. L. A. Hart's rule of recognition model of a legal system which remains the center for nearly all contemporary work in analytic jurisprudence. ... More


Objections and Replies

Charles Goodman

in Consequences of Compassion: An Interpretation and Defense of Buddhist Ethics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195375190
eISBN:
9780199871377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195375190.003.0011
Subject:
Religion, Buddhism

This chapter considers and replies to various objections that could be raised against character consequentialism, both as an interpretation of Buddhist ethics and as a view in its own right. Keown’s ... More


Law and Legal Theory in England and America

Richard A. Posner

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264712
eISBN:
9780191682773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264712.001.0001
Subject:
Law, Comparative Law

This book explores the relationship between the legal systems of the UK and USA. The chapters in this volume range widely over themes. The first chapter compares the work of the two most prominent ... More


Luck Egalitarianism: A Modest Account

Kok-Chor Tan

in Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199588855
eISBN:
9780191738586
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588855.003.0004
Subject:
Philosophy, Political Philosophy, Moral Philosophy

Part II of the book addresses the question why equality matters and defends luck egalitarianism against “democratic equality.” Chapter 4 begins by recalling the familiar core ideas of luck ... More


Objectivity in Law

Nicos Stavropoulos

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258995
eISBN:
9780191681899
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258995.001.0001
Subject:
Law, Philosophy of Law

The question of objectivity in legal interpretation has emerged in recent years as an important topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal ... More


The Most Reliable Judgment Standard for Soft Legal Paternalism

William J. Talbott

in Human Rights and Human Well-Being

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195173482
eISBN:
9780199872176
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195173482.003.0012
Subject:
Philosophy, Political Philosophy

This author shows how the main principle would endorse a new ground-level principle of weak legal paternalism, the most reliable judgment standard, and compares this standard with the most ... More


From Personal to Political Responsibility

Iris Marion Young

in Responsibility for Justice

Published in print:
2011
Published Online:
January 2011
ISBN:
9780195392388
eISBN:
9780199866625
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195392388.003.0001
Subject:
Philosophy, Moral Philosophy, Political Philosophy

The first purpose of this chapter is to evaluate the notion of personal responsibility in the context of welfare policy. It focuses on the writings of Charles Murray and Lawrence Mead, which ... More


The Scope of Autonomy: Agency, Freedom, and Morality

Katerina Deligiorgi

in The Scope of Autonomy: Kant and the Morality of Freedom

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199646159
eISBN:
9780191741142
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646159.003.0006
Subject:
Philosophy, History of Philosophy

Chapter 6 starts by locating the theory of autonomy presented here in the contemporary discussion about personal autonomy using the issues raised by Schiller as a conceptual bridge. Whereas the ... More


The Market’s Place and Scope in Contemporary Egalitarian Political Theory

Debra Satz

in Why Some Things Should Not Be for Sale: The Moral Limits of Markets

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195311594
eISBN:
9780199870714
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195311594.003.0003
Subject:
Philosophy, Political Philosophy

This chapter examines two prominent but divergent contemporary views about the relationship between markets and equality. On the first view, while markets have an important role to play in society, ... More


Deviating from Legal Standards

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0003
Subject:
Philosophy, Political Philosophy

This chapter first discusses judicial incentives to perform their official duties. It then distinguishes between various ways in which judges can take legal standards into account. A judge can ... More


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