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Author : Christopher McMahon
Publisher : Cambridge University Press
Page : 263 pages
File Size : 46,8 Mb
Release : 2016-11-03
Category : History
ISBN : 9781107177178
This book presents a historically focused account of the concepts of 'reasonableness' and 'fairness', showing how they are subject to historical evolution.
Author : Christopher McMahon
Publisher : Unknown
Page : 128 pages
File Size : 51,7 Mb
Release : 2016
Category : POLITICAL SCIENCE
ISBN : 1316831582
We all know, or think we know, what it means to say that something is 'reasonable' or 'fair', but what exactly are these concepts and how have they evolved and changed over the course of history? In this book, Christopher McMahon explores reasonableness, fairness, and justice as central concepts of the morality of reciprocal concern. He argues that the basis of this morality evolves as history unfolds, so that forms of interaction that might have been morally acceptable in the past are judged unacceptable today. The first part of his study examines the notions of reasonableness and fairness as they are employed in ordinary practical thought, and the second part develops a constructivist theory to explain why and how this part of morality can undergo historical development without arriving at any final form. His book will interest scholars of ethics, political theory, and the history of ideas.
Author : Stephen T. Asma
Publisher : University of Chicago Press
Page : 220 pages
File Size : 48,9 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780226029863
A polymath philosopher shares lighthearted examples of humanity's unspoken instinct toward favoritism to argue against zealous pursuits of fairness.
Author : Gordon Hewart Baron Hewart
Publisher : Praeger
Page : 0 pages
File Size : 54,6 Mb
Release : 1975-11-21
Category : Political Science
ISBN : 9780837183893
Author : John Bell,Mark Elliott,Jason NE Varuhas,Philip Murray
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 47,7 Mb
Release : 2016-04-07
Category : Law
ISBN : 9781849469937
This volume arises from the inaugural Public Law Conference hosted in September 2014 by the Centre for Public Law at the University of Cambridge, which brought together leading public lawyers from a number of common law jurisdictions. While those from such jurisdictions share background understandings, significant differences within the common law world create opportunities for valuable exchanges of ideas and debate. This collection draws upon one of the principal sub-themes that emerged during the conference – namely, the the way in which relationships and distinctions between the notions of 'process' and 'substance' play out in relation to and inform adjudication in public law cases. The essays contained in this volume address those issues from a variety of perspectives. While the bulk of the chapters consider topical issues in judicial review, either on common law or human rights grounds, or both, other chapters adopt more theoretical, historical, empirical or contextual approaches. Concluding chapters reflect generally on the papers in the collection and the value of facilitating cross-jurisdictional dialogue.
Author : Michael Geist
Publisher : University of Ottawa Press
Page : 476 pages
File Size : 50,7 Mb
Release : 2013-04-27
Category : Law
ISBN : 9780776620848
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Author : Chris Willett
Publisher : Routledge
Page : 465 pages
File Size : 48,6 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351937399
This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.
Author : Attila Badó
Publisher : Springer Science & Business Media
Page : 259 pages
File Size : 45,9 Mb
Release : 2013-10-23
Category : Law
ISBN : 9783319012162
This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.
Author : Lee Anne Fennell,Richard H. McAdams
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 52,6 Mb
Release : 2013
Category : Cost effectiveness
ISBN : 178100529X
Although the relationship between fairness and the economic concept of efficiency is usually cast as an adversarial one, this collection demonstrates the robust and diverse ways in which economics engages - and cannot avoid engaging - with fairness. Part I contains papers presenting positive analyses of fairness preferences and beliefs, which are fundamental means through which fairness matters for economic models. Part II turns to normative analysis and the broad question of how law should reconcile fairness and efficiency considerations. Part III presents a sampling of legal and policy applications in which both fairness and efficiency considerations prove important. Along with an original introduction by the editors this is a must-have volume that will appeal to students, academics and practitioners who are interested in this exciting field.
Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 44,5 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832
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.
Author : Lorne Mitchell Sossin,Colleen Marion Flood
Publisher : Unknown
Page : 607 pages
File Size : 53,5 Mb
Release : 2013
Category : Administrative law
ISBN : 1552394719
Author : John RAWLS
Publisher : Harvard University Press
Page : 624 pages
File Size : 52,5 Mb
Release : 2009-06-30
Category : Philosophy
ISBN : 9780674042605
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Author : Aaron James
Publisher : OUP USA
Page : 381 pages
File Size : 47,9 Mb
Release : 2012-04-13
Category : Business & Economics
ISBN : 9780199846153
In this book, the author argues that to achieve a fair global economy, there must be compensation of people harmed by their exposure to the global economy, but also equal division of the "gains of trade" across societies.
Author : Robert S. Taylor
Publisher : Penn State Press
Page : 362 pages
File Size : 55,5 Mb
Release : 2015-11-10
Category : Philosophy
ISBN : 9780271056715
Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.
Author : Paul Voice
Publisher : Open Court Publishing
Page : 220 pages
File Size : 50,8 Mb
Release : 2011
Category : Philosophy
ISBN : 9780812696806
In this context Rawls challenges us to see the world through the lens of fairness. Injustice can only be effectively challenged if we can articulate, to ourselves and to others, both why a situation is unjust and how we might move towards justice. Political philosophy at its best offers both an answer to the why of injustice and the how of political and economic change. --
