Metaphysical Elements of Justice

Metaphysical Elements of Justice
Author: Immanuel Kant
Publisher: Hackett Publishing
Total Pages: 260
Release: 1999-01-01
Genre: Philosophy
ISBN: 9780872204188

A revision of the Library of Liberal Arts edition of 1965. This volume offers the complete text of Kant's Metaphysics of Morals, Part I, translated by John Ladd, along with Ladd's illuminating Introduction to the first edition, expanded to include discussion of such issues as Kant's conception of marriage and its relevance to his view of women. An updated bibliography, glossary, and index are also provided.

The Elements of Justice

The Elements of Justice
Author: David Schmidtz
Publisher: Cambridge University Press
Total Pages: 229
Release: 2006-01-09
Genre: Philosophy
ISBN: 1139452037

What is justice? Questions of justice are questions about what people are due. However, what that means in practice depends on the context in which the question is raised. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, therefore, is a constellation of elements that exhibit a degree of integration and unity. Nonetheless, the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood rather than that of a building. A theory of justice offers individuals a map of that neighborhood, within which they can explore just what elements amount to justice.

A Theory of Justice

A Theory of Justice
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.

Ratio Legis

Ratio Legis
Author: Verena Klappstein
Publisher: Springer
Total Pages: 207
Release: 2018-05-02
Genre: Law
ISBN: 331974271X

The book is dedicated to the theoretical problems concerning ratio legis. In the contexts of legal interpretation and legal reasoning, the two most important intellectual tools employed by lawyers, ratio legis would seem to offer an extremely powerful argument. Declaring the ratio legis of a statute can lead to a u-turn argumentation throughout the lifespan of the statute itself – in parliament, or in practice during court sessions, when it is tested against the constitution. Though the ratio legis argument is widely used, much about it warrants further investigation. On the general philosophical map there are many overlapping areas that concern different approaches to human rationality and to the problems of practical reasoning. Particular problems with ratio legis arise in connection with different perspectives on legal philosophy and theory, especially in terms of the methods that lawyers use for legal interpretation and argumentation. These problems can be further subdivided into particular aspects of activities undertaken by lawyers and officials who use the ratio legis in their work, and the underlying theories. In short, this book examines what ratio legis is, what it could be, and its practical implications.

Reconstructing Rawls

Reconstructing Rawls
Author: Robert S. Taylor
Publisher: Penn State Press
Total Pages: 362
Release: 2015-11-10
Genre: Philosophy
ISBN: 0271056711

Reconstructing Rawls has one overarching goal: to reclaim Rawls for the Enlightenment—more specifically, the Prussian Enlightenment. Rawls’s so-called political turn in the 1980s, motivated by a newfound interest in pluralism and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has led liberalism more broadly toward cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. Robert Taylor believes that it is time to redeem A Theory of Justice’s implicit promise of a universalistic, comprehensive Kantian liberalism. Reconstructing Rawls on Kantian foundations leads to some unorthodox conclusions about justice as fairness, to be sure: for example, it yields a more civic-humanist reading of the priority of political liberty, a more Marxist reading of the priority of fair equality of opportunity, and a more ascetic or antimaterialist reading of the difference principle. It nonetheless leaves us with a theory that is still recognizably Rawlsian and reveals a previously untraveled road out of Theory—a road very different from the one Rawls himself ultimately followed.

On the Metaphysics of Morals and Ethics

On the Metaphysics of Morals and Ethics
Author: Immanuel Kant
Publisher: Start Classics
Total Pages: 0
Release: 2024-05-15
Genre: Philosophy
ISBN:

Collected here in this omnibus edition are Immanuel Kant's three most important works on the Metaphysics of Morals and Ethics. Included are Kant: Groundwork of the Metaphysics of Morals Introduction to the Metaphysic of Morals and The Metaphysical Elements of Ethics.Kant's Fundamental Principles of the Metaphysics of Morals is one of the most important works in modern moral philosophy. It belongs beside Plato Aristotle Machiavelli and Hobbes. Here Kant sets out to articulate and defend the Categorical Imperative - the fundamental principle that underlies moral reasoning - and to lay the foundation for a comprehensive account of justice and human virtues.In Introduction to the Metaphysic of Morals Kant states: "All duties are either duties of right that is juridical duties or duties of virtue that is ethical duties. Juridical duties are such as may be promulgated by external legislation; ethical duties are those for which such legislation is not possible."In The Metaphysical Elements of Ethics states: "If there exists on any subject a philosophy (that is a system of rational knowledge based on concepts) then there must also be for this philosophy a system of pure rational concepts independent of any condition of intuition in other words a metaphysic. It may be asked whether metaphysical elements are required also for every practical philosophy which is the doctrine of duties and therefore also for Ethics."

How Hume and Kant Reconstruct Natural Law

How Hume and Kant Reconstruct Natural Law
Author: Kenneth R. Westphal
Publisher: Oxford University Press
Total Pages: 286
Release: 2016-04-07
Genre: Philosophy
ISBN: 0191064122

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.