For the past few years, the increase in cases of political corruption, the loss of politicians credibility, the development of social and political forms of pathology (notably the rise of the extreme right along with exclusionist ideologies), and the role of the State have been at the center of political debates. In one way or another, these problems raise the question of the legitimacy of the established powers. The result is that legitimacy, a key notion of political thought in general, has today become a burning issue. Coicaud examines all these issues and proffers insightful answers to questions such as the connections between morality and politics, how rulers acquire or lose the right to govern, and how one can become the advocate of a theory of political justice that, while establishing limits, respects and even ensures the promotion of plurality within societies.
This book discusses theories in economics and ethics to help the reader understand all points of view regarding the crossroads between economic systems and individual and social values. Covering microeconomic and macroeconomic theory, as well as many topics discussed in a university-level ethics course, Beyond Naïveté demonstrates how ethics and philosophy speak to economic questions and how economics addresses philosophical and ethical questions. Easily accessible to non-specialists, the book also provides numerous insights for specialists in economics, philosophical ethics, or both.
The Moral Menagerie offers a broad philosophical analysis of the recent debate over animal rights. Marc Fellenz locates the debate in its historical and social contexts, traces its roots in the history of Western philosophy, and analyzes the most important arguments that have been offered on both sides. Fellenz argues that the debate has been philosophically valuable for focusing attention on fundamental problems in ethics and other areas of philosophy, and for raising issues of concern to both Anglo-American and continental thinkers. More provocatively, he also argues that the form the debate often takes--attempting to extend our traditional human-centered moral categories to cover other animals--is ultimately inadequate. Making use of the critical perspectives found in environmentalism, feminism and post-modernism, he concludes that taking animals seriously requires a more radical reassessment our moral framework than the concept of ‘animal rights’ implies.
History has shown us that the power of political speech can be put to both positive and manipulative ends - while rhetoric is a powerful tool for those who seek to persuade others to adopt their views, it can also be employed to foment factionalism and undermine the very basis of a democratic society. In this unique study, Marc Hanvelt shows how eighteenth-century philosopher David Hume confronted questions about the negative moral and political effects of rhetoric, and how he differentiated between manipulative and non-manipulative political speech. Drawing on Hume's philosophical, historical, and popular writings, The Politics of Eloquence presents an understanding of rhetoric that can be properly ascribed to this important thinker, an understanding hitherto overlooked in the scholarly literature. Offering an original approach to thinking about political rhetoric an essential element of democratic politics Hanvelt makes important contributions to both Hume scholarship and to broader areas in political theory and philosophy.
What is a fair distribution of resources and other goods when individuals are partly responsible for their achievements? This book develops a theory of fairness incorporating a concern for personal responsibility, opportunities and freedom. With a critical perspective, it makes accessible the recent developments in economics and philosophy that define social justice in terms of equal opportunities. It also proposes new perspectives and original ideas. The book separates mathematical sections from the rest of the text, so that the main concepts and ideas are easily accessible to non-technical readers. It is often thought that responsibility is a complex notion, but this monograph proposes a simple analytical framework that makes it possible to disentangle the different concepts of fairness that deal with neutralizing inequalities for which the individuals are not held responsible, rewarding their effort, respecting their choices, or staying neutral with respect to their responsibility sphere. It dwells on paradoxes and impossibilities only as a way to highlight important ethical options and always proposes solutions and reasonable compromises among the conflicting values surrounding equality and responsibility. The theory is able to incorporate disincentive problems and is illustrated in the examination of applied policy issues such as: income redistribution when individuals may be held responsible for their choices of labor supply or education; social and private insurance when individuals may be held responsible for their risky lifestyle; second chance policies; the measurement of inequality of opportunities and social mobility.
Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Contemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law.
The definition and measurement of social welfare have been a vexed issue for the past century. This book makes a constructive, easily applicable proposal and suggests how to evaluate the economic situation of a society in a way that gives priority to the worse-off and that respects each individual's preferences over his or her own consumption, work, leisure and so on. This approach resonates with the current concern to go 'beyond the GDP' in the measurement of social progress. Compared to technical studies in welfare economics, this book emphasizes constructive results rather than paradoxes and impossibilities, and shows how one can start from basic principles of efficiency and fairness and end up with concrete evaluations of policies. Compared to more philosophical treatments of social justice, this book is more precise about the definition of social welfare and reaches conclusions about concrete policies and institutions only after a rigorous derivation from clearly stated principles.
In Paul Ricoeur's Renewal of Philosophical Anthropology: Vulnerability, Capability, Justice, Marc de Leeuw argues that Ricoeur’s philosophical project integrates the anthropological tradition while renewing its importance as a hermeneutic anthropology of human capability. Ricoeur posits that our cogito is neither its own absolute master, nor fully transparent to itself, inflicting a “wound” (brisé) and fracturing the center of Cartesian self-certainty. But the Nietzschean disillusionment that ensues does not simply amount to a victorious anti-cogito; it opens another path towards self-understanding. In place of the direct route of intuition is found a more complex way forward, one guided by interpretation. The task of philosophical anthropology is to understand the human through its interpretative, critical, and imaginative ability as well as its capacity to act towards, with, and for others; the interpretation of the world in front of us, the interpretation of “who we are,” and the interpretation of what it means to be among others (as "other selves") coalesces in an anthropology that binds the question of the self to a moral, ethical, and political project, one aiming to reflect our existence-in-common. For Ricoeur, the basic question of our subjective and normative “standing” demands a fundamental response—a response toward our own otherness and to responsibilities triggered by the appeal of Others. In both cases, our vulnerability is inescapable: we can never have an absolute self-knowledge nor an absolute knowledge of Others. Ricoeur turns this fundamental aporia into an affirmative philosophical anthropology of human action, attestation, and justice.
Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.
Foreword by Eric Maskin (Nobel Laureate in Economics, 2007)This book is a collection of articles written by the two authors on the topic of equality of opportunity. All articles build on the idea that a just society should equalize the resources that determine the opportunities agents face in order to follow their goals. Resources are either external, like financial resources, or internal, like preferences or skills. The authors propose to define “equality of opportunity” as the combination of ethical principles of compensation and responsibility. The principle of compensation requires external resources to be used to compensate low-skilled agents (considering that inequalities due to skill differences are unjust). The principle of responsibility requires external resources to be allocated without regards to inequalities due to differences in preferences (considering that these inequalities are not unjust). The articles present different ways of combining the two principles in different economic contexts.The book offers many possible aspects of the analysis of equality of opportunity, ranging from axiomatic discussions in abstract compensation models, to the design of redistribution policies in concrete labor income taxation models.
Since the 1980s, two different paradigms have reshaped industrial societies: the Neoliberal paradigm and a Research and Innovation paradigm. Both have been conceptualized and translated into strong policies with massive economic and social consequences. They provide divergent responses to the environmental transition. The Neoliberal paradigm is based on economic models and geopolitical solutions. The Research and Innovation paradigm’s goal is to manage knowledge differently in order to reorient the evolution of society. Since the mid-1990s, a version of the Research and Innovation paradigm has led to the design of large-scale research and innovation policies. This book examines how these policies have evolved and how they can be extended and reformed to respond to present and future environmental constraints. It studies the mutation of the conception, organization and role of science and technology in the evolution of industrial societies and explores the future of these developments. The book offers three unique lines of enquiry. The first is to focus not specifically on economics, sociology, political science or history, but on knowledge creation from an institutional and reflexive point of view. The second is to establish a convergence between the British school of science and technology studies and the research trends opened by the work of Michel Foucault. Both introduced trans-disciplinary and policy-oriented research associating case studies, long-term perspectives and theory. The third is to consider climate change as the overwhelming challenge of our time. The book is an insightful guide for students, scholars and researchers across the humanities and social sciences, including philosophy, political science, law, economics, business and media.
In spite of recurrent criticism and an impressive production of alternative indicators by scholars and NGOs, GDP remains the central indicator of countries' success. This book revisits the foundations of indicators of social welfare, and critically examines the four main alternatives to GDP that have been proposed: composite indicators, subjective well-being indexes, capabilities (the underlying philosophy of the Human Development Index), and equivalent incomes. Its provocative thesis is that the problem with GDP is not that it uses a monetary metric but that it focuses on a narrow set of aspects of individual lives. It is actually possible to build an alternative, more comprehensive, monetary indicator that takes income as its first benchmark and adds or subtracts corrections that represent the benefit or cost of non-market aspects of individual lives. Such a measure can respect the values and preferences of the people and give as much weight as they do to the non-market dimensions. A further provocative idea is that, in contrast, most of the currently available alternative indicators, including subjective well-being indexes, are not as respectful of people's values because, like GDP, they are too narrow and give specific weights to the various dimensions of life in a more uniform way, without taking account of the diversity of views on life in the population. The popular attraction that such alternative indicators derive from being non-monetary is therefore based on equivocation. Moreover, it is argued in this book that "greening" GDP and relative indicators is not the proper way to incorporate sustainability concerns. Sustainability involves predicting possible future paths, therefore different indicators than those assessing the current situation. While various indicators have been popular (adjusted net savings, ecological footprint), none of them involves the necessary forecasting effort that a proper evaluation of possible futures requires.
Lucid and logical in structure, this new edition, previously entitled Sourcebook on Medical Law draws together a wide range of essential material, including extracts from statutes, cases and academic commentary from medical law; an area which is fast becoming an important part of undergraduate syllabuses.Fully updated to take account of recent developments in this dynamic area of law, it examines two major pieces of legislation: the Mental Capacity Act 2005 and the Human Tissue Act 2004 as well as a significant amount of new case law, including the House of Lords decisions in Chester v Afshar and Gregg v Scott and the Court of Appeal decision in R (on the application of Burke) v GMC and others.Divided into two parts, it covers:the general principles that permeate medical law, exploring illness and the ethics of care and healthcare in England and Wales and consent to treatment, confidentiality and medical malpracticeissues which arise in relation to specific areas of medical treatment, including infertility treatment and surrogacy, pregnancy and abortion, treating the incompetent, the mentally ill, medical research, organ transplants and euthanasia. This textbook is an invaluable reference tool for all those studying medical law as well as those studying medicine.
In my view, [Murphy] has written the most incisive general critical essay on the Human Genome Project yet to appear."--Troy Duster, Director, Institute for the Study of Social Change, University of California, Berkeley "In my view, [Murphy] has written the most incisive general critical essay on the Human Genome Project yet to appear."--Troy Duster, Director, Institute for the Study of Social Change, University of California, Berkeley
This book provides a multi-disciplinary framework for developing and analyzing health sector reforms, based on the authors' extensive international experience. It offers practical guidance - useful to policymakers, consultants, academics, and students alike - and stresses the need to take account of each country's economic, administrative, and political circumstances. The authors explain how to design effective government interventions in five areas - financing, payment, organization, regulation, and behavior - to improve the performance and equity of health systems around the world.
In the first of eight conversations, Ricoeur traces the trajectory of his life, recounting the origins of his convictions and the development of his intellect during the tragic events of the twentieth century. Declaring himself the "son of a victim of the First World War," Ricoeur, an orphan, sketches his early years in the house of stern but loving grandparents, and the molding of his intellect under the tutelage of Roland Dalbiez, Gabriel Marcel, and Andre Philip. Ricoeur tells the intriguing story of his capture and five-year imprisonment by the Germans during World War II, when he and his compatriots fashioned an intellectual life complete with a library and lectures, and when he, amazingly, was able to continue his dissertation research.
This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.
For more than a century Western democracies have struggled to keep faith with both economic efficiency and social justice. Yet reconciliation of these factors remains as baffling as ever. Among the many voices clamoring today for a theory of collective action, we hear most often of the great chasm between ?legitimacy? and ?efficiency?. It is the contention of the authors of this ground-breaking book that these antinomies can be seen as distinct ?moments of application? in the operation of normative judgement, and that a reflexive treatment of norms of collective action, by clarifying limitations in rules and beliefs, allows us to develop mechanisms to correct the limiting effects of such judgements and act accordingly. Drawing on and developing recent trends in the social sciences, The Action of Norms presents a powerful new theory of governance with far-reaching implications for the future of law, the judiciary, and justice itself. Among the contributing modern ideas that are explained and developed as pillars of the authors? thesis are the following: critiques of the ?political theory of interest groups?; the economic theory of efficiency; deliberative democracy; rational choice theory; the evolutionist debate; learning process theory; and the theory of risk. Lenoble and Maesschalck achieve a remarkable synthesis of relevant thought about forms of social organization?from Kant and Fichte through Hayek, Rawls, and Habermas to current theory?and place it at the service of a new and effective theory of the norm that promises to greatly elucidate the role of law and legal practice in the continuing development of democratic institutions.
Practical reasoning in contemporary Western societies is characterised by an unprecedented degree of idiosyncrasy and demands of personal authenticity. This has resulted from the decline of traditional moral authorities, the rise of individualistic lifestyles, increasing multiculturalism and rapid technological advance. These developments have given rise to reflection on the notion of 'reasons of one's own', an examination of the intelligibility of reasons that are closely connected to a particular agent, and recognised as such by others, although not shared by them. Problems addressed by the contributors include; How to account for the cognitive overtones in moral and motivational language given the apparent 'agent-relativity' of reasons. How to retain the 'agent-relativity' of reasons for action given that they require articulation through a language shared by the community, and how to account for the practical rationality required for co-operation between persons in view of the idiosyncrasy of a person's motivating reasons. In dealing with these issues this book presents a range of investigative essays on the concept of reasons of one's own by leading authors from all relevant philosophical areas of expertise.
Societal Dynamics and Fragility aims to address the social dimensions of fragility. Prepared as a complement to the 2011 World Development Report, this book frames fragility as a problem not only of state capacity, but also of relationships in society. Drawing on analytical work in Liberia, Central African Republic, Yemen, Indonesia (Aceh) and Haiti, it recommends placing social cohesion at the center of development efforts in fragile environments by cultivating an in-depth understanding of the societal dynamics at play in each context and adapting programs to address the sources of division that hinder state building. Specifically, the book advocates a focus on perceptions of injustice at least as much as measurable inequalities, and for creating space to facilitate constructive connections between institutions, especially between customary and state structures as well as often-nascent civil society institutions.
Across the social sciences and even in philosophy, trust is most often characterized in terms of expectations and probabilities. This book defends an alternative conception of trust as a moral phenomenon. When one person trusts another to do something, the first relies on the second’s commitment(s). So, trust reflects—and is a product of—agreement about the commitments and obligations that bind persons who live and work together. These commitments and obligations can be implicit, but building (or rebuilding) trust often requires making these commitments and obligations explicit, defining the terms of cooperation. Part 1 argues that this account of trust better captures our actual trust practices, and it draws out connections with both the philosophy and the social science literatures. It also describes the process of creating trust relationships with reference to trust invitations. Part 2 addresses practical applications of the account defended here, in the context of social relationships, economic systems, and within business organizations. These applications emphasize the material benefits of trust but, separate from those, Part 2 argues that trust is an intrinsic good—so we have moral reason to trust. The Nature and Practice of Trust will appeal to scholars and advanced students working in ethics, social and political philosophy, and the social sciences.
Household and Economy: Welfare Economics of Endogenous Fertility deals with welfare economics and the socially optimal population size, as well as the social consequences of individual choice with respect to family size within each generation. The general equilibrium implications of endogenous fertility for a number of issues of population policy are discussed. In addition to their own consumption, the number of children and the utility of each child is assumed to enter the utility function of the parents. Comprised of 10 chapters, this volume begins with a review of social welfare criteria for optimal population size and the static theory of optimal population size, optimal population growth with exogenous fertility, and the theory of endogenous fertility. The reader is then introduced to the basic principles of welfare economics and the economics of externalities, followed by a summary of the traditional theory of household behavior. Subsequent chapters focus on optimal population size according to various social welfare criteria; real and potential externalities generated by the endogeneity of fertility; and the principal alternative reason for having children: to transfer resources from the present to support the future consumption of parents in old age. The book concludes by assessing the implications of endogenous fertility for within-generation income distribution policies and reflecting on the directions in which future research may be fruitful. This monograph will be of value to economists, social scientists, students of welfare economics, and those who wish to understand the contribution of economic analysis to an improved understanding of population policy.
Anyone hoping to improve teamwork, performance, and budgeting, training, and evaluation programs in their organization should look no further. Completely revised, Public Productivity Handbook, Second Edition defines the role of leadership, dimensions of employee commitment, and multiple employee-organization based relationships for effective internal and external connections. It's coverage of new and systematic management approaches and well-defined measurement systems provides guidance on correct utilization of human resources that ensure improvements in productivity and performance. The authors discuss such topics as citizen-driven government and performance, public sector values and productivity, privatization, and productivity barriers in the public sector.
This is part of a two-volume work intended to map the theoretical heartland of the institutionalist perspective on political economy. Volume II considers basic economic processes, institutions for stabilizing and planning economic activities, the role of power and accountability, and emerging global interdependence. Marc R. Tool is the editor of "Journal of Economic Issues".
What today's political thinkers can learn from the radical democratic movements of twentieth-century America This is a major work of history and political theory that traces radical democratic thought in America across the twentieth century, seeking to recover ideas that could reenergize democratic activism today. The question of how citizens should behave as they struggle to create a more democratic society has haunted the United States throughout its history. Should citizens restrict themselves to patient persuasion or take to the streets and seek to impose change? Marc Stears argues that anyone who continues to wrestle with these questions could learn from the radical democratic tradition that was forged in the twentieth century by political activists, including progressives, trade unionists, civil rights campaigners, and members of the student New Left. These activists and their movements insisted that American campaigners for democratic change should be free to strike out in whatever ways they thought necessary, so long as their actions enhanced the political virtues of citizens and contributed to the eventual triumph of the democratic cause. Reevaluating the moral and strategic arguments, and the triumphs and excesses, of this radical democratic tradition, Stears contends that it still offers a compelling account of citizen behavior—one that is fairer, more inclusive, and more truly democratic than those advanced by political theorists today.
To Make the Earth Whole studies the art of citizen diplomacy_a process that can address clashes of religion and culture across regional lines even when traditional negotiations between governments can fail. While faith and regional differences have been sources of division around the world in recent decades, millions of citizens are also creating bonds of friendship and collaboration that are forming the basis of a global community. Drawing on the experiences gleaned from years practicing citizen diplomacy in some of the world's most politically charged climates, scholar-practitioner of conflict resolution and rabbi Marc Gopin describes his work in Syria as a central case study of the book. The author outlines the strategic basis for creating community across lines of enmity, the social network theory to explain how this happens, and the long term vision required for a progressive but inclusive global community that respects religious communities even as it limits their coercive power over others. This powerful and practical book outlines an incremental and evolutionary strategy of positive change that stands a strong chance of success, even in today's most conservative and repressive religious and political contexts. To Make the Earth Whole also examines the ethical challenges of citizen diplomacy from the perspectives of both Western and Eastern philosophies and religions. The world's wisdom traditions are essential in devising a way for citizens to develop the foundations for global community.
This dynamic text explores the theory and practice of negotiation while unpacking how to develop the head, heart, hand, and stomach of a successful negotiator. Authors Brad Winn and Marc Sokol frame negotiation as a creative process that can produce lasting positive results for all parties involved.
American communities are changing fast: ethnic minority populations are growing, home ownership is falling, the number of people per household is going up, and salaries are going down. According to Marc Brenman and Thomas W. Sanchez, the planning field is largely unprepared for these fundamental shifts. If planners are going to adequately serve residents of diverse ages, races, and income levels, they need to address basic issues of equity. Planning as if People Matter offers practical solutions to make our communities more livable and more equitable for all residents. While there are many books on environmental justice, relatively few go beyond theory to give real-world examples of how better planning can level inequities. In contrast, Planning as if People Matter is written expressly for planning practitioners, public administrators, policy-makers, activists, and students who must directly confront these challenges. It provides new insights about familiar topics such as stakeholder participation and civil rights. And it addresses emerging issues, including disaster response, new technologies, and equity metrics. Far from an academic treatment, Planning as if People Matter is rooted in hard data, on-the-ground experience, and current policy analysis. In this tumultuous period of economic change, there has never been a better time to reform the planning process. Brenman and Sanchez point the way toward a more just social landscape.
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