Law and social justice

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Law and social justice

edited by Joseph Keim Campbell, Michael O'Rourke, and David Shier

(Topics in contemporary philosophy, v. 3)(Bradford book)

MIT Press, c2005

  • : hbk
  • : pbk

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Note

"Descendants of presentations given at the fifth annual Inland Northwest Philosophy Conference (INPC) in Moscow, Idaho and Pullman, Washington in April of 2002"--P. [ix]

Some copies have no series number

Includes bibliographical references and index

Contents of Works
  • Law and social justice : a framework / Harry S. Silverstein
  • Privacy, pluralism, and democracy / Joshua Cohen
  • An argument for egalitarian justice and against the leveling-down objection / Thomas Christiano
  • Justice, inference to the best explanation, and the judicial evaluation of scientific evidence / Carl F. Cranor
  • Moral luck and the criminal law / Nir Eisikovits
  • Intellectual property and traditional Chinese culture / Philip J. Ivanhoe
  • Initial acquisition and the right to private property / Ann Levey
  • Justice and strict liability / Harry S. Silverstein
  • The value of rights / Leif Wenar
  • Introduction : Wittgenstein and legal theory / Douglas Lind
  • Cautions and caveats for the application of Wittgenstein to legal theory / Brian Bix
  • Prolegomenon to any future legal theory : Wittgenstein and jurisprudence / Dennis Patterson
  • Legal process and the practices of principle / Anthony J. Sebok
  • Introduction : the practice of principle / Kenneth Einar Himma
  • Backward and forward with tort law / John Gardner
  • Pragmatism, positivism, and the conventionalistic fallacy / Benjamin C. Zipursky
  • Conceptual jurisprudence and the intelligibility of law's claim to obligate / Kenneth Einar Himma
  • Facts, fictions, and the grounds of law / Jules L. Coleman
Description and Table of Contents
Volume

: hbk ISBN 9780262033404

Description

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself.
Volume

: pbk ISBN 9780262532747

Description

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justice examine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself.

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