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Political Structures

Simon Caney

in Justice Beyond Borders: A Global Political Theory

Published in print:
2005
Published Online:
April 2005
ISBN:
9780198293507
eISBN:
9780191602337
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829350X.003.0005
Subject:
Political Science, Political Theory

Having argued in Chs 3 and 4 that there are cosmopolitan principles of civil and political justice and cosmopolitan principles of distributive justice, one is logically led to the question, ‘if one ... More


Introduction and Summary: ‘Administration of Justice’ in International Investment Law and Adjudication?

Ernst Ulrich Petersmann

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter summarizes the main conclusions of Parts II to IV and, together with chapters 7 to 12, places them into the broader context of ‘principles of justice’, ‘global ... More


The Concept of Distributive Justice: Ideas for Equality

Tsuneo Ishikawa

in Income and Wealth

Published in print:
2002
Published Online:
November 2003
ISBN:
9780198288626
eISBN:
9780191596469
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019828862X.003.0002
Subject:
Economics and Finance, Public and Welfare

The purpose of this chapter is to examine the logical foundations of typical views of distributive justice––as well as being significant in its own right, the examination will provide a basic ... More


The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Jules Coleman

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.001.0001
Subject:
Law, Philosophy of Law

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; ... More


Minimum Standards of Procedural Justice in Administrative Adjudication

Giacinto della Cananea

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0002
Subject:
Law, Constitutional and Administrative Law, Public International Law

Due to globalization, States are increasingly affected by external factors, whilst at the same time influencing the behaviour of individuals and firms, including foreign investors. Their decisions ... More


Justice and Accountability: The State

Mathias Risse

in On Global Justice

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691142692
eISBN:
9781400845507
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142692.003.0017
Subject:
Philosophy, Political Philosophy

This chapter examines how the state might best live up to its obligation to be accountable. It first considers the notion of one ground being embedded in another, noting that since states are ... More


Introduction: Walking the Tightrope

Andrew Kuper

in Democracy Beyond Borders: Justice and Representation in Global Institutions

Published in print:
2004
Published Online:
November 2004
ISBN:
9780199274901
eISBN:
9780191601552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199274908.003.0001
Subject:
Political Science, International Relations and Politics

In the face of globalization, an international political system based on states is unable to meet daunting political challenges that confront our world. Is it possible to develop a global order that ... More


Justice and Trade

Mathias Risse

in On Global Justice

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691142692
eISBN:
9781400845507
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142692.003.0014
Subject:
Philosophy, Political Philosophy

This chapter examines what justice requires for international trade. It considers two problems: first, what follows about trade from the human rights–oriented principles already discussed, and ... More


The Public Basis View

Paul Weithman

in Why Political Liberalism?: On John Rawls's Political Turn

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195393033
eISBN:
9780199894901
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195393033.003.0002
Subject:
Philosophy, Political Philosophy

This chapter lays out the received view of Rawls's political turn, according to which Rawls recast his view because of dissatisfaction with the argument which would serve as the public basis for ... More


Justice and Accountability: The World Trade Organization

Mathias Risse

in On Global Justice

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691142692
eISBN:
9781400845507
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691142692.003.0018
Subject:
Philosophy, Political Philosophy

This chapter examines questions of justice and accountability by focusing on the World Trade Organization (WTO). More specifically, it considers whether a suitably reformed version of the WTO could ... More


Liberalism: The Right, The Good, and The Scope of Public Law (II)

P. P. CRAIG

in Public Law and Democracy in the United Kingdom and the United States of America

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198256373
eISBN:
9780191681646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198256373.003.0009
Subject:
Law, Constitutional and Administrative Law

Attacks on liberalism differ in degree, and the content of criticisms varies from writer to writer. This chapter focuses upon principal criticisms of liberalism, and evaluates their relevance to, and ... More


The Basic Structure of Society as the Primary Subject of Justice

Samuel Freeman

in Liberalism and Distributive Justice

Published in print:
2018
Published Online:
July 2018
ISBN:
9780190699260
eISBN:
9780190699291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699260.003.0008
Subject:
Philosophy, Political Philosophy

Rawls says that there are two sources for the primacy assigned to the basic structure: the profound effects of basic social institutions on persons and their future prospects, and the need to ... More


Ideal Theory and the Justice of Institutions

Samuel Freeman

in Liberalism and Distributive Justice

Published in print:
2018
Published Online:
July 2018
ISBN:
9780190699260
eISBN:
9780190699291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699260.003.0009
Subject:
Philosophy, Political Philosophy

The first part of this chapter addresses Amartya Sen’s argument against Rawls’s reliance on ideal theory and “a perfectly just society.” I argue that Rawls’s ideal theory and principles of justice ... More


Human Rights in International Investment Law and Arbitration

Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni (eds)

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of national and international courts, ... More


Private Law and Rawls’s Principles of Justice

Samuel Freeman

in Liberalism and Distributive Justice

Published in print:
2018
Published Online:
July 2018
ISBN:
9780190699260
eISBN:
9780190699291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699260.003.0006
Subject:
Philosophy, Political Philosophy

This chapter discusses the application of Rawls’s principles of justice to private law, or the law of legal relationships between individuals, including the law of property, contracts, and torts. ... More


Human Dignity, Associative Duties, and Egalitarian Global Justice

Darrel Moellendorf

in Cosmopolitanism versus Non-Cosmopolitanism: Critiques, Defenses, Reconceptualizations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199678426
eISBN:
9780191757839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678426.003.0011
Subject:
Political Science, Political Theory

This chapter provides a brief statement of an account of global egalitarianism based on the moral supposition of equal respect for human dignity and an account of duties of justice as associative ... More


The State as an Agent of Trade Justice

Mathias Risse and Gabriel Wollner

in On Trade Justice: A Philosophical Plea for a New Global Deal

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198837411
eISBN:
9780191874116
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837411.003.0007
Subject:
Political Science, Political Theory, Political Economy

This chapter theorizes the normative role of states in the global order generally and in trade specifically. One challenge for a theory of multiple grounds of justice is that an assignment of duties ... More


Constructivism and Self-constitution

Paul Guyer

in Kant on Practical Justification: Interpretive Essays

Published in print:
2013
Published Online:
May 2013
ISBN:
9780195395686
eISBN:
9780199979295
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395686.003.0009
Subject:
Philosophy, Moral Philosophy, Political Philosophy

John Rawls introduced the term "constructivism" to characterize his procedure in political philosophy, but it has more recently been extended to characterize procedure in moral philosophy in general, ... More


Bilateralism

JULES L. COLEMAN

in The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264124
eISBN:
9780191707698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264124.003.0003
Subject:
Law, Philosophy of Law

This chapter argues that economic analysis is unsatisfactory as conceptual analysis. It defends a certain form of conceptual explanation of tort law, which takes the form of showing how a certain ... More


Harris’s principle of justice in health care

Ruth Macklin

in From reason to practice in bioethics: An anthology dedicated to the works of John Harris

Published in print:
2015
Published Online:
January 2016
ISBN:
9780719096235
eISBN:
9781781708392
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719096235.003.0013
Subject:
Society and Culture, Ethical Issues and Debates

This chapter discusses Harris’s principle of justice in health care. Harris contends that his view is an equal opportunity principle of justice representing “the patient’s conception of benefit,” and ... More


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