Rights Restitution And Risk

Author : Judith Jarvis Thomson
Publisher : Harvard University Press
Page : 286 pages
File Size : 49,7 Mb
Release : 1986
Category : Philosophy
ISBN : 0674769813

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Rights, Restitution, and Risk by Judith Jarvis Thomson Pdf

Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts. In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?

Author : Judith Jarvis Thomson
Publisher : Harvard University Press
Page : 400 pages
File Size : 47,7 Mb
Release : 1990
Category : Philosophy
ISBN : 0674749499

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The Realm of Rights by Judith Jarvis Thomson Pdf

Thomson provides a systematic theory of human and social rights, elucidating what in general makes an attribution of a right true. This is a major effort to provide a stable foundation for the deeply held belief that we are not mere cogs in a communal machine, but are instead individuals whose private interests are entitled to respect.

Author : Judith Jarvis Thomson
Publisher : Princeton University Press
Page : 208 pages
File Size : 47,9 Mb
Release : 2009-02-09
Category : Philosophy
ISBN : 9781400824724

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Goodness and Advice by Judith Jarvis Thomson Pdf

How should we live? What do we owe to other people? In Goodness and Advice, the eminent philosopher Judith Jarvis Thomson explores how we should go about answering such fundamental questions. In doing so, she makes major advances in moral philosophy, pointing to some deep problems for influential moral theories and describing the structure of a new and much more promising theory. Thomson begins by lamenting the prevalence of the idea that there is an unbridgeable gap between fact and value--that to say something is good, for example, is not to state a fact, but to do something more like expressing an attitude or feeling. She sets out to challenge this view, first by assessing the apparently powerful claims of Consequentialism. Thomson makes the striking argument that this familiar theory must ultimately fail because its basic requirement--that people should act to bring about the "most good"--is meaningless. It rests on an incoherent conception of goodness, and supplies, not mistaken advice, but no advice at all. Thomson then outlines the theory that she thinks we should opt for instead. This theory says that no acts are, simply, good: an act can at most be good in one or another way--as, for example, good for Smith or for Jones. What we ought to do is, most importantly, to avoid injustice; and whether an act is unjust is a function both of the rights of those affected, including the agent, and of how good or bad the act is for them. The book, which originated in the Tanner lectures that Thomson delivered at Princeton University's Center for Human Values in 1999, includes two chapters by Thomson ("Goodness" and "Advice"), provocative comments by four prominent scholars--Martha Nussbaum, Jerome Schneewind, Philip Fisher, and Barbara Herrnstein Smith--and replies by Thomson to those comments.

Author : Judith Jarvis Thomson
Publisher : Open Court
Page : 240 pages
File Size : 42,6 Mb
Release : 2015-12-20
Category : Philosophy
ISBN : 9780812699517

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Normativity by Judith Jarvis Thomson Pdf

Judith Jarvis Thomson's Normativity is a study of normative thought. She brings out that normative thought is not restricted to moral thought. Normative judgments divide into two sub-kinds, the evaluative and the directive; but the sub-kinds are larger than is commonly appreciated. Evaluative judgments include the judgments that such and such is a good umbrella, that Alfred is a witty comedian, and that Bert answered Carol's question correctly, as well as the judgment that David is a good human being. Directive judgments include the judgment that a toaster should toast evenly, that Edward ought to get a haircut, and that Frances must move her rook, as well as the judgment that George ought to be kind to his little brother. Thomson describes how judgments of these two sub-kinds interconnect and what makes them true when they are true. Given the extensiveness of the two sub-kinds of normative judgment, our everyday thinking is rich in normativity, and moreover, there is no gap between normative and factual thought. The widespread suspicion of the normative is therefore in large measure due to nothing deeper than an excessively narrow conception of what counts as a normative judgment.

Author : John Oberdiek
Publisher : Oxford University Press
Page : 193 pages
File Size : 45,6 Mb
Release : 2017
Category : Law
ISBN : 9780199594054

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Imposing Risk by John Oberdiek Pdf

When we impose risk upon others, what are we doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book constructs a normative framework of risk imposition to help answer these important and oft-ignored questions.

Author : Gilbert Harman,Judith Thomson
Publisher : Wiley-Blackwell
Page : 240 pages
File Size : 43,8 Mb
Release : 1996-01-09
Category : Philosophy
ISBN : 0631192115

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Moral Relativism and Moral Objectivity by Gilbert Harman,Judith Thomson Pdf

Do moral questions have objective answers? In this great debate, Gilbert Harman explains and argues for relativism, emotivism, and moral scepticism. In his view, moral disagreements are like disagreements about what to pay for a house; there are no correct answers ahead of time, except in relation to one or another moral framework. Independently, Judith Jarvis Thomson examines what she takes to be the case against moral objectivity, and rejects it; she argues that it is possible to find out the correct answers to some moral questions. In her view, some moral disagreements are like disagreements about whether the house has a ghost. Harman and Thomson then reply to each other. This important, lively accessible exchange will be invaluable to all students of moral theory and meta-ethics.

Author : John Oberdiek
Publisher : Oxford University Press
Page : 235 pages
File Size : 48,9 Mb
Release : 2017-09-08
Category : Law
ISBN : 9780191065965

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Imposing Risk by John Oberdiek Pdf

We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory. Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.

Author : Ronald Dworkin
Publisher : Vintage
Page : 288 pages
File Size : 43,6 Mb
Release : 2011-05-11
Category : Law
ISBN : 9780307787910

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Life's Dominion by Ronald Dworkin Pdf

Internationally renowned lawyer and philosopher Ronald Dworkin addresses the crucially related acts of abortion and euthanasia in a brilliantly original book that examines their meaning in a nation that prizes both life and individual liberty. From Roe v. Wade to the legal battle over the death of Nancy Cruzan, no issues have opened greater rifts in American society than those of abortion and euthanasia. At the heart of Life's Dominion is Dworkin's inquest into why abortion and euthanasia provoke such controversy. Do these acts violate some fundamental "right to life"? Or are the objections against them based on the belief that human life is sacred? Combining incisive moral reasoning and close readings of indicidual court decisions with a majestic interpretation of the U.S. Constitution itself, Dworkin gives us a work that is absolutely essential for anyone who cares about the legal status of human life.

Author : Shelly Kagan
Publisher : Routledge
Page : 352 pages
File Size : 47,8 Mb
Release : 2018-02-12
Category : Philosophy
ISBN : 9780429967207

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Normative Ethics by Shelly Kagan Pdf

Providing a thorough introduction to current philosophical views on morality, Normative Ethics examines an acts rightness or wrongness in terms of such factors as consequences, harm, and consent. Shelly Kagan offers a division between moral factors and theoretical foundations that reflects the actual working practices of contemporary moral philosophers.Intended for upper-level or graduate students of philosophy, this book should also appeal to the general reader looking for a clearly written overview of the basic principles of moral philosophy. }Providing a thorough introduction to current philosophical views on morality, Normative Ethics examines an acts rightness or wrongness in light of such factors as consequences, harm, and consent. Shelly Kagan offers a division between moral factors and theoretical foundations that reflects the actual working practices of contemporary moral philosophers. The first half of the book presents a systematic survey of the basic normative factors, focusing on controversial questions concerning the precise content of each factor, its scope and significance, and its relationship to other factors. The second half of the book then examines the competing theories about the foundations of normative ethics, theories that attempt to explain why the basic normative factors have the moral significance that they do.Intended for upper-level or graduate students of philosophy, this book should also appeal to the general reader looking for a clearly written overview of the basic principles of moral philosophy.

Author : Judith Jarvis Thomson
Publisher : MIT Press
Page : 260 pages
File Size : 50,9 Mb
Release : 2001
Category : Philosophy
ISBN : 0262024985

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Fact and Value by Judith Jarvis Thomson Pdf

A diverse collection of essays, which reflect the breadth of Judith Jarvis Thomson's philosophical work. The diversity of topics discussed in this book reflects the breadth of Judith Jarvis Thomson's philosophical work. Throughout her long career at MIT, Thomson's straightforward approach and emphasis on problem-solving have shaped philosophy in significant ways. Some of the book's contributions discuss specific moral and political issues such as abortion, self-defense, the rights and obligations of prospective fathers, and political campaign finance. Other contributions concern the foundations of moral theory, focusing on hedonism, virtue ethics, the nature of nonconsequentialism, and the objectivity of moral claims. Finally, contributions in metaphysics and epistemology discuss the existence of sets, the structures reflected in conditional statements, and the commitments of testimony. Contributors Jonathan Bennett, Richard L. Cartwright, Joshua Cohen, N. Ann Davis, Catherine Z. Elgin, Gilbert Harman, Barbara Herman, Frances Myrna Kamm, Claudia Mills, T.M. Scanlon, Ernest Sosa

Author : Gilbert Harman
Publisher : Oxford University Press
Page : 260 pages
File Size : 44,8 Mb
Release : 2000
Category : Law
ISBN : 0198238045

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Explaining Value and Other Essays in Moral Philosophy by Gilbert Harman Pdf

In this selection of Gilbert Harman's shorter writings in moral philosophy, the essays are divided into four sections, focusing on moral relativism, values and valuing, character traits and virtue ethics, and ways of explaining aspects of morality.

Author : Borzu Sabahi
Publisher : OUP Oxford
Page : 280 pages
File Size : 47,5 Mb
Release : 2011-06-30
Category : Law
ISBN : 9780191021589

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Compensation and Restitution in Investor-State Arbitration by Borzu Sabahi Pdf

This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Author : Paul Reed (Barrister)
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2021
Category : Electronic
ISBN : 0414074963

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Construction all risks insurance by Paul Reed (Barrister) Pdf

Author : Rafaela Hillerbrand,Per Sandin,Martin Peterson
Publisher : Springer Science & Business Media
Page : 1209 pages
File Size : 43,9 Mb
Release : 2012-01-12
Category : Science
ISBN : 9789400714335

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Handbook of Risk Theory by Rafaela Hillerbrand,Per Sandin,Martin Peterson Pdf

Risk has become one of the main topics in fields as diverse as engineering, medicine and economics, and it is also studied by social scientists, psychologists and legal scholars. But the topic of risk also leads to more fundamental questions such as: What is risk? What can decision theory contribute to the analysis of risk? What does the human perception of risk mean for society? How should we judge whether a risk is morally acceptable or not? Over the last couple of decades questions like these have attracted interest from philosophers and other scholars into risk theory. This handbook provides for an overview into key topics in a major new field of research. It addresses a wide range of topics, ranging from decision theory, risk perception to ethics and social implications of risk, and it also addresses specific case studies. It aims to promote communication and information among all those who are interested in theoetical issues concerning risk and uncertainty. This handbook brings together internationally leading philosophers and scholars from other disciplines who work on risk theory. The contributions are accessibly written and highly relevant to issues that are studied by risk scholars. We hope that the Handbook of Risk Theory will be a helpful starting point for all risk scholars who are interested in broadening and deepening their current perspectives.

Author : Jo-Anne M. Wemmers
Publisher : University of Toronto Press
Page : 340 pages
File Size : 41,6 Mb
Release : 2017-01-01
Category : Victims of crimes
ISBN : 9781442634831

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Victimology by Jo-Anne M. Wemmers Pdf

Written by one of the world's leading experts on victimology, this book is designed to offer a broad introduction to the subject.