Basic Equality
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Author | : Jeremy Waldron |
Publisher | : Harvard University Press |
Total Pages | : 277 |
Release | : 2017-06-19 |
Genre | : History |
ISBN | : 0674659767 |
Cover -- Title Page -- Copyright -- Dedication -- Contents -- Preface -- 1. "More Than Merely Equal Consideration"? -- 2. Prescriptivity and Redundancy -- 3. Looking for a Range Property -- 4. Power and Scintillation -- 5. A Religious Basis for Equality? -- 6. The Profoundly Disabled as Our Human Equals -- Index
Author | : Nicholas Smith |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 244 |
Release | : 2011 |
Genre | : Law |
ISBN | : 9781409428435 |
Basic Equality and Discrimination examines the justification, interpretation and application of discrimination law. In order to navigate the often dense and conflicted jurisprudence in this area, the work first considers equality as a moral and political concept, thus providing a clearer understanding of the nature of the value - equality - and illustrating the nature of the difficulties posed by constitutional and ordinary 'equality law'.
Author | : Alexander Kaufman |
Publisher | : Routledge |
Total Pages | : 256 |
Release | : 2007-05-07 |
Genre | : Philosophy |
ISBN | : 1134236840 |
The capabilities approach to equality, developed by Amartyr Sen and Martha Nussbaum, seeks to answer the question: what is a proper measure of a person's condition for the purposes of determining what we owe each other, as a matter of justice? While the capabilities theory has avoided many of the conceptual difficulties that have undermined competing accounts of egalitarian justice, recent criticisms have raised questions regarding the focus, structure and justification of the theory. In this volume, leading scholars present new and original essays that address these controversies.
Author | : Nicholas Mark Smith |
Publisher | : Routledge |
Total Pages | : 239 |
Release | : 2016-04-15 |
Genre | : Social Science |
ISBN | : 1317176057 |
The focus of this book is the idea of equality as a moral, political and jurisprudential concept. The author is motivated primarily by a concern to better understand conundrums in the justification, interpretation and application of discrimination law. Nicholas Smith aims to provide a clearer understanding of the nature of the value that the law is trying to uphold - equality. He rejects the notion that the concept of equality is vacuous and defends the idea as the proper range of moral concern. After discussing the general characteristics of the denial of equality and some types of discrimination, Smith considers prominent views on the point of equality law. He argues that human rights lawyers should step back from the business of trying to steer courts towards vague equality goals informed by conceptions of equality that are either empty or even more abstract than the notion of equality itself. If they do, Smith thinks that the meaning of 'equality' will be apparent, though abstract, and our difficulties will be shown to be, in the first instance, moral ones. These moral issues will require more rigorous attention before we can draft discrimination law which gives clear effect to a widely legitimate understanding of what it means to uphold and promote equality. This book will be a valuable resource for students and researchers working in the areas of legal philosophy, political theory, public law, and human rights law.
Author | : Paul Sagar |
Publisher | : Princeton University Press |
Total Pages | : 240 |
Release | : 2024-04-16 |
Genre | : Philosophy |
ISBN | : 0691257795 |
An innovative argument that vindicates our normative commitment to basic equality, synthesising philosophy, history, and psychology What makes human beings one another’s equals? That we are "basic equals" has become a bedrock assumption in Western moral and political philosophy. And yet establishing why we ought to believe this claim has proved fiendishly difficult, floundering in the face of the many inequalities that characterise the human condition. In this provocative work, Paul Sagar offers a novel approach to explaining and justifying basic equality. Rather than attempting to find an independent foundation for basic equality, he argues, we should instead come to see our commitment to this idea as the result of the practice of treating others as equals. Moreover, he continues, it is not enough to grapple with the problem through philosophy alone—by just thinking very hard, in our armchairs; we must draw insights from history and psychology as well. Sagar writes that, as things stand, there appear to be no good arguments for believing in the truth of basic equality. Indeed, for much of Western intellectual history and social practice, basic inequality has been the default position. How is it then, Sagar asks, that in Western societies, in a period of less than a century, basic equality emerged as the dominant view? Sagar approaches this not as a mere philosophical puzzle, but as a dramatic historical development. In so doing, he shows us what is at stake when human beings treat one another as equals just because they are human beings.
Author | : Anne Phillips |
Publisher | : Princeton University Press |
Total Pages | : 160 |
Release | : 2023-05-02 |
Genre | : Philosophy |
ISBN | : 0691226164 |
Why equality cannot be conditional on a shared human “nature” but has to be for all For centuries, ringing declarations about all men being created equal appealed to a shared human nature as the reason to consider ourselves equals. But appeals to natural equality invited gradations of natural difference, and the ambiguity at the heart of “nature” enabled generations to write of people as equal by nature while barely noticing the exclusion of those marked as inferior by their gender, race, or class. Despite what we commonly tell ourselves, these exclusions and gradations continue today. In Unconditional Equals, political philosopher Anne Phillips challenges attempts to justify equality by reference to a shared human nature, arguing that justification turns into conditions and ends up as exclusion. Rejecting the logic of justification, she calls instead for a genuinely unconditional equality. Drawing on political, feminist, and postcolonial theory, Unconditional Equals argues that we should understand equality not as something grounded in shared characteristics but as something people enact when they refuse to be considered inferiors. At a time when the supposedly shared belief in human equality is so patently not shared, the book makes a powerful case for seeing equality as a commitment we make to ourselves and others, and a claim we make on others when they deny us our status as equals.
Author | : Uwe Steinhoff |
Publisher | : |
Total Pages | : 239 |
Release | : 2015 |
Genre | : Philosophy |
ISBN | : 0198719507 |
In present-day political and moral philosophy the idea that all persons are in some way moral equals is an almost universal premise, with its defenders often claiming that philosophical positions that reject the principle of equal respect and concern do not deserve to be taken seriously. This has led to relatively few attempts to clarify, or indeed justify, 'basic equality' and the principle of equal respect and concern. Such clarification and justification, however, would be direly needed. After all, the ideas, for instance, that Adolf Hitler and Nelson Mandela have equal moral worth, or that a rape victim owes equal respect and concern to both her rapist and to her own caring brother, seem to be utterly implausible. Thus, if someone insists on the truth of such ideas, he or she owes his or her audience an explanation. The authors in this volume-which breaks new ground by engaging egalitarians and anti-egalitarians in a genuine dialogue-attempt to shed light into the dark. They try to clarify the concepts of "basic equality", "equal moral worth","equal respect and concern", "dignity," etc; and they try to (partially) justify-or to refute-the resulting clarified doctrines. The volume thus demonstrates that the claim that all persons have equal moral worth, are owed equal concern and respect, or have the same rights is anything but obvious. This finding has not only significant philosophical but also political implications.
Author | : Thomas Christiano |
Publisher | : OUP Oxford |
Total Pages | : 320 |
Release | : 2010-06-10 |
Genre | : Political Science |
ISBN | : 0191613916 |
What is the ethical basis of democracy? And what reasons do we have to go along with democratic decisions even when we disagree with them? And when do we have reason to say that we may justly ignore democratic decisions? These questions must be answered if we are to have answers to some of the most important questions facing our global community, which include whether there is a human right to democracy and whether we must attempt to spread democracy throughout the globe. This book provides a philosophical account of the moral foundations of democracy and of liberalism. It shows how democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways they can see are treating them as equals. The principle of public equality is shown to be the fundamental principle of social justice. This account enables us to understand the nature and roles of adversarial politics and public deliberation in political life. It gives an account of the grounds of the authority of democracy. It also shows when the authority of democracy runs out. The author shows how the violations of democratic and liberal rights are beyond the legitimate authority of democracy, how the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy.
Author | : Jody Heymann |
Publisher | : University of California Press |
Total Pages | : 416 |
Release | : 2020-01-14 |
Genre | : Political Science |
ISBN | : 0520309634 |
In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.
Author | : John RAWLS |
Publisher | : Harvard University Press |
Total Pages | : 624 |
Release | : 2009-06-30 |
Genre | : Philosophy |
ISBN | : 0674042603 |
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.