Second Best Justice

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Second-Best Justice

Author : J. Mark Ramseyer
Publisher : University of Chicago Press
Page : 296 pages
File Size : 40,6 Mb
Release : 2015-11-19
Category : Law
ISBN : 9780226282046

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Second-Best Justice by J. Mark Ramseyer Pdf

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.

Second-Best Justice

Author : J. Mark Ramseyer
Publisher : University of Chicago Press
Page : 296 pages
File Size : 52,7 Mb
Release : 2015-11-19
Category : Law
ISBN : 9780226281995

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Second-Best Justice by J. Mark Ramseyer Pdf

Japanese society is as legalistic and rulebound as that of the US, yet Japanese people file far fewer lawsuits than Americans. Explanations for this behavior range from circular arguments about Japanese culture to suggestions that the Japanese court system is so slow-moving and unfriendly to plaintiffs that everyone knows better than to engage in it. However, there is much more to civil litigation in Japan, as preeminent scholar of Japanese law J. Mark Ramseyer explains inDoing Well by Making Do: Second-Best Judging in Japanese Law. With illustrations drawn from tort claims across many domainsauto accidents, product liability, medical malpractice, landlord-tenant law, and moreRamseyer shows that the low rate of lawsuits in Japan is compelled not by distrust of a dysfunctional system, but by a system that sorts and resolves disputes in such an overwhelmingly predictable pattern that only rarely do contesting parties find it worthwhile to involve themselves in the uncertainty of a trial. Japanese judges do not pretend to offer the level of particularized inquiry that one expects in American courts. The Japanese court system is not designed to find perfect justice. It is designed to make do.” Through close attention to key arenas of tort litigation, as well as more obscure corners of the law including labor, landlord-tenant, and consumer-finance disputes,Doing Well by Making Do offers a key to unlocking the aims, incentives, flaws, and virtues of the distinctive Japanese court system.

Social Justice in Practice

Author : Juha Räikkä
Publisher : Springer
Page : 167 pages
File Size : 52,6 Mb
Release : 2014-07-08
Category : Philosophy
ISBN : 9783319046334

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Social Justice in Practice by Juha Räikkä Pdf

In this book the practical dimension of social justice is explained using the analysis and discussion of a variety of well-known topics. These include: the relation between theory and practice in normative political philosophy; the issue of justice under uncertainty; the question of whether we can and should unmask social injustices by means of conspiracy theories; the issues of privacy and the right to privacy; the issue of how certain psychological states may affect our moral obligations, in particular the obligation to treat others fairly; and finally the concepts of morality, fairness, and self-deception. The primary goal of the book is to provide readers with an updated discussion of some important and practical social justice issues. These issues are presented from a new perspective, based on the author ́s research. It is hoped that bringing these topics together in a single book will promote the emergence of new insights and challenges for future research. Juha Räikkä is a professor at the Department of Philosophy at the University of Turku, Finland. His research focuses on ethics and political philosophy.

Climate Justice in a Non-ideal World

Author : Jennifer Clare Heyward,Dominic Roser
Publisher : Oxford University Press
Page : 342 pages
File Size : 41,9 Mb
Release : 2016
Category : Political Science
ISBN : 9780198744047

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Climate Justice in a Non-ideal World by Jennifer Clare Heyward,Dominic Roser Pdf

Climate change is a pressing international political issue, for which a practical but principled solution is urgently required. Climate Justice in a Non-Ideal World aims to make normative theorising on climate justice more relevant and applicable to political realities and public policy. The motivation behind this edited collection is that normative theorising has something to offer even in an imperfect world mired by partial compliance and unfavourable circumstances. In the last years, a lively debate has sprung up in political philosophy about non-ideal theory and there has also been an upsurge of interest in the various normative issues raised by climate change such as intergenerational justice, transnational harm, collective action, or risk assessment. However, there has been little systematic discussion of the links between climate justice and non-ideal theory even though the former would seem like a paradigm example of the relevance of the latter. The aim of this edited volume is to address this. In doing so, the volume presents original work from leading experts on climate ethics, including several who have participated in climate policy. The first part of the book discusses those facets of the debate on climate justice that become relevant due to the shortcomings of current global action on climate change. The second part makes specific suggestions for adjusting current policies and negotiating procedures in ways that are feasible in the relatively short term while still decreasing the distance between current climate policy and the ideal. The chapters in the third and final part reflect upon how philosophical work can be brought to bear on the debates in climate science, communication, and politics.

Social Justice in the Liberal State

Author : Bruce Ackerman
Publisher : Yale University Press
Page : 406 pages
File Size : 47,9 Mb
Release : 1980-01-01
Category : Political Science
ISBN : 9780300027570

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Social Justice in the Liberal State by Bruce Ackerman Pdf

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue

The Oxford Handbook of Global Justice

Author : Thom Brooks
Publisher : Oxford University Press
Page : 576 pages
File Size : 45,5 Mb
Release : 2020-02-27
Category : Political Science
ISBN : 9780191023804

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The Oxford Handbook of Global Justice by Thom Brooks Pdf

Global justice is an exciting area of refreshing, innovative new ideas for a changing world facing significant challenges. Not only does work in this area often force us to rethink about ethics and political philosophy more generally, but its insights contain seeds of hope for addressing some of the greatest global problems facing humanity today. The Oxford Handbook of Global Justice has been selective in bringing together some of the most pressing topics and issues in global justice as understood by the leading voices from both established and rising stars across twenty-five new chapters. This Handbook explores severe poverty, climate change, egalitarianism, global citizenship, human rights, immigration, territorial rights, and much more.

On the Currency of Egalitarian Justice, and Other Essays in Political Philosophy

Author : G. A. Cohen
Publisher : Princeton University Press
Page : 288 pages
File Size : 44,7 Mb
Release : 2011-01-03
Category : Philosophy
ISBN : 1400838665

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On the Currency of Egalitarian Justice, and Other Essays in Political Philosophy by G. A. Cohen Pdf

G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice. Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin.

Pursuing Justice, 2nd Edition

Author : Margot Hurlbert
Publisher : Fernwood Publishing
Page : 419 pages
File Size : 45,9 Mb
Release : 2020-07-25T00:00:00Z
Category : Social Science
ISBN : 9781773634029

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Pursuing Justice, 2nd Edition by Margot Hurlbert Pdf

Pursuing justice is daunting. It plays out in a variety of contexts — like the environment, employment, the criminal justice system — and raises tough issues like racism, gender discrimination and poverty. But ultimately the aim of studying justice is to achieve it. This book is about justice in Canada: its definition, its boundaries, its contradictions and its nuances. It is also about the mechanisms and practices that enable the pursuit of justice. It problematizes the notion of justice while defining and pursuing the illusive notion of justice in Canadian society. This second edition features updated content from the popular first edition as well as new content about social justice and racism, the experiences of racialized persons with police, settler colonialism and issues of justice for gender and sexual minorities — all from a Canadian perspective. Additionally, each chapter contains objectives of the chapter, case studies and discussion questions.

Practical Equality: Forging Justice in a Divided Nation

Author : Robert Tsai
Publisher : W. W. Norton & Company
Page : 288 pages
File Size : 52,5 Mb
Release : 2019-02-19
Category : Law
ISBN : 9780393652031

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Practical Equality: Forging Justice in a Divided Nation by Robert Tsai Pdf

A path-breaking account of how Americans have used innovative legal measures to overcome injustice—and an indispensable guide to pursuing equality in our time. Equality is easy to grasp in theory but often hard to achieve in reality. In this accessible and wide-ranging work, American University law professor Robert L. Tsai offers a stirring account of how legal ideas that aren’t necessarily about equality at all—ensuring fair play, behaving reasonably, avoiding cruelty, and protecting free speech—have often been used to overcome resistance to justice and remain vital today. Practical Equality is an original and compelling book on the intersection of law and society. Tsai, a leading expert on constitutional law who has written widely in the popular press, traces challenges to equality throughout American history: from the oppression of emancipated slaves after the Civil War to the internment of Japanese Americans during World War II to President Trump’s ban on Muslim travelers. He applies lessons from these and other past struggles to such pressing contemporary issues as the rights of sexual minorities and the homeless, racism in the criminal justice system, police brutality, voting restrictions, oppressive measures against migrants, and more. Deeply researched and well argued, Practical Equality offers a sense of optimism and a guide to pursuing equality for activists, lawyers, public officials, and concerned citizens.

Restorative Justice, Reconciliation, and Peacebuilding

Author : Jennifer J. Llewellyn,Daniel Philpott
Publisher : Oxford University Press
Page : 272 pages
File Size : 44,9 Mb
Release : 2014-04-17
Category : Political Science
ISBN : 9780199364886

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Restorative Justice, Reconciliation, and Peacebuilding by Jennifer J. Llewellyn,Daniel Philpott Pdf

All over the world, the practice of peacebuilding is beset with common dilemmas: peace versus justice, religious versus secular approaches, individual versus structural justice, reconciliation versus retribution, and the harmonization of the sheer number of practices involved in repairing past harms. Progress towards resolving these dilemmas requires reforming institutions and practices but also clear thinking about basic questions: What is justice? And how is it related to the building of peace? The twin concepts of reconciliation and restorative justice, both involving the holistic restoration of right relationship, contain not only a compelling logic of justice but also great promise for resolving peacebuilding's tensions and for constructing and assessing its institutions and practices. This book furthers this potential by developing not only the core content of these concepts but also their implications for accountability, forgiveness, reparations, traditional practices, human rights, and international law.

Arguing about Justice

Author : Yannick Vanderborght
Publisher : Presses univ. de Louvain
Page : 423 pages
File Size : 43,5 Mb
Release : 2011-10-27
Category : Philosophy
ISBN : 9782874632754

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Arguing about Justice by Yannick Vanderborght Pdf

Fifty of today's finest thinkers were asked to let their imaginations run free to advance new ideas on a wide range of social and political issues. They did so as friends, on the occasion of Philippe Van Parijs's sixtieth birthday.

The Germ of Justice

Author : Leslie Green
Publisher : Oxford University Press
Page : 417 pages
File Size : 41,9 Mb
Release : 2023-07-05
Category : Law
ISBN : 9780192886965

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The Germ of Justice by Leslie Green Pdf

General jurisprudence is the theory of law in general, identifying features that law has wherever and whenever legal institutions exist. But it is no hermetic inquiry. Law depends on, and has consequences for, politics and morality. In The Germ of Justice, one of the subject's prominent exponents disentangles these relationships. Professor Leslie Green probes three clusters of problems: the nature of law as a social construction, the relations between law and morality, and the demands that law makes of its officers and its subjects. Along the way, Green asks what jurisprudence can learn from the social sciences, how it is related to the humanities, how it might make progress, and why it is of value. This wonderful and accessible text engages leading theories of law and key works of Hume, Kelsen, Hart, Dworkin, Finnis, and Raz. The Germ of Justice is a must-have work in contemporary jurisprudence and a powerful contribution to political theory and moral philosophy.

Handbook of Restorative Justice

Author : Gerry Johnstone,Daniel W. Van Ness
Publisher : Taylor & Francis
Page : 674 pages
File Size : 41,8 Mb
Release : 2007
Category : Law
ISBN : 9781843921516

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Handbook of Restorative Justice by Gerry Johnstone,Daniel W. Van Ness Pdf

Discusses the key concepts and principles of restorative justice; explains how the campaign for restorative justice arose and developed into an influential social movement; describes the variety of restorative justice practices; and identifies and examines key issues within the restorative justice movement.

Principles of Social Justice

Author : David Miller
Publisher : Harvard University Press
Page : 352 pages
File Size : 51,5 Mb
Release : 2001-09-30
Category : Philosophy
ISBN : 9780674007147

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Principles of Social Justice by David Miller Pdf

Social justice has been the animating ideal of democratic governments throughout the twentieth century. Even those who oppose it recognize its potency. Yet the meaning of social justice remains obscure, and existing theories put forward by political philosophers to explain it have failed to capture the way people in general think about issues of social justice. This book develops a new theory. David Miller argues that principles of justice must be understood contextually, with each principle finding its natural home in a different form of human association. Because modern societies are complex, the theory of justice must be complex, too. The three primary components in Miller's scheme are the principles of desert, need, and equality. The book uses empirical research to demonstrate the central role played by these principles in popular conceptions of justice. It then offers a close analysis of each concept, defending principles of desert and need against a range of critical attacks, and exploring instances when justice requires equal distribution and when it does not. Finally, it argues that social justice understood in this way remains a viable political ideal even in a world characterized by economic globalization and political multiculturalism. Accessibly written, and drawing upon the resources of both political philosophy and the social sciences, this book will appeal to readers with interest in public policy as well as to students of politics, philosophy, and sociology.

Corporate Social Responsibility and Corporate Governance

Author : Lorenzo Sacconi,Margaret Blair,R. Edward Freeman
Publisher : Springer
Page : 441 pages
File Size : 48,6 Mb
Release : 2010-12-14
Category : Business & Economics
ISBN : 9780230302112

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Corporate Social Responsibility and Corporate Governance by Lorenzo Sacconi,Margaret Blair,R. Edward Freeman Pdf

Corporate social responsibility is examined in this book as multi-stakeholder approach to corporate governance. This volume outlines neo-institutional and stakeholder theories of the firm, new rational choice and social contract normative models, self regulatory and soft law models, and the advances from behavioural economics.