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Compensatory Justice

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Compensatory Justice

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This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

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Transitional Justice

Rosemary Nagy

Transitional Justice

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Criminal tribunals, truth commissions, reparations, apologies and memorializations are the characteristic instruments in the transitional justice toolkit that can help societies transition from authoritarianism to democracy, from civil war to peace, and from state-sponsored extra-legal violence to a rights-respecting rule of law. Over the last several decades, their growing use has established transitional justice as a body of both theory and practice whose guiding norms and structures...

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Rosemary Nagy

Integrity and Conscience

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Integrity and Conscience

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Can individuals believe that they are acting with integrity, yet in disobedience to the dictates of their conscience? Can they retain fidelity to their conscience while ignoring a sense of what integrity requires? Integrity and conscience are often thought to be closely related, perhaps even different aspects of a single impulse. This timely book supports a different and more complicated view. Acting with integrity and obeying one's conscience might be mutually reinforcing in some settings,...

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Federalism and Subsidiarity

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Federalism and Subsidiarity

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In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of...

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Secession and Self-Determination

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Secession and Self-Determination

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The many questions that surround movements for secession and self-determination are both practically urgent and theoretically perplexing. The United States settled its secession crisis in the 1860s. But the trauma and unfinished business of those events are still with us. Around the world secession and self-determination are the key issues that cause strife and instability. This volume provides an unusually comprehensive consideration of the many challenges of law and political philosophy that...

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Moral Universalism and Pluralism

Melissa S. Williams

Moral Universalism and Pluralism

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Moral universalism, or the idea that some system of ethics applies to all people regardless of race, color, nationality, religion, or culture, must have a plurality over which to range  a plurality of diverse persons, nations, jurisdictions, or localities over which morality asserts a universal authority. The contributors to Moral Universalism and Pluralism , the latest volume in the NOMOS series, investigate the idea that, far from denying the existence of such pluralities, moral...

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Melissa S. Williams

Theory and Practice

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Theory and Practice

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With 16 original essays all published here for the first time, Theory and Practice focuses on the relationship between philosophical tradition and everyday life in the Western tradition. In this comprehensive volume, Ian Shapiro and Judith Wagner DeCew have gathered contributions from some of the most influential thinkers of our generation including Cass Sunnstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenwalt. What are the relations between philosophical theories...

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Political Legitimacy

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Political Legitimacy

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Essays on the political, legal, and philosophical dimensions of political legitimacy. Scholars, journalists, and politicians today worry that the world’s democracies are facing a crisis of legitimacy. Although there are key challenges facing democracy—including concerns about electoral interference, adherence to the rule of law, and the freedom of the press—it is not clear that these difficulties threaten political legitimacy. Such ambiguity derives in part from the contested nature of the...

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Immigration, Emigration, and Migrat...

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Immigration, Emigration, and Migration

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Immigration, Emigration and Migration consists of essays written by distinguished scholars across the fields of law, political science, and philosophy that examine questions of travel and migration across national borders. Questions of immigration and border enforcement practices are particularly salient in contemporary public discourse, and examinations of policy and practice bring forth new philosophical quandaries. Why the common assumption that each country has the right to control its...

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Criminal Justice

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Criminal Justice

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This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers «The Moral and Metaphysical Sources of the Criminal Law,» with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau,...

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American Conservatism

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American Conservatism

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The topic of American conservatism is especially timely—and perhaps volatile. Is there what might be termed an “exceptional” form of conservatism that is characteristically American, in contrast to conservatisms found in other countries? Are views that are identified in the United States as conservative necessarily congruent with what political theorists might classify under that label? Or does much American conservatism almost necessarily reflect the distinctly...

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Wealth

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Wealth

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An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. [b][/b]Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion...

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Getting to the Rule of Law

James E. Fleming

Getting to the Rule of Law

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The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an...

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James E. Fleming

Moral and Political Education

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Moral and Political Education

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What are the proper aims of education in a liberal democracy? Given the deep disagreement about moral and religious values in modern societies, what is the proper balance between public and private claimants to educational authority? Should parents be given greater control over their children's formal education? Are today's public schools promoting a culture of rootless individualism? Do we increasingly resort to prisons and punishment instead of schooling and moral education to...

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Compensatory Justice

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Compensatory Justice

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Markets and Justice

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Markets and Justice

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In this thirty-first annual volume in the American Society of Legal and Political Philosophy's NOMOS series, entitled Markets and Justice , a number of distinguished authors consider a variety of topics in the area where economics, philosophy, and political science join paths. Included are essays such as «Contractarian Method, Private Property, and the Market Economy,» «Justice Under Capitalism,» and «Market Choice and Human Choice.» Authors include Joshua Cohen, MIT; Gerald F. Gaus,...

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Markets and Justice

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Markets and Justice

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Due Process

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Due Process

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Privatization

Melissa Schwartzberg

Privatization

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A distinguished group of scholars explore the moral values and political consequences of privatization The 21st century has seen a proliferation of privatization across industries in the United States, from security and the military to public transportation and infrastructure. In shifting control from the state to private actors, do we weaken or strengthen structures of governance? Do state-owned enterprises promise to be more equal and fair than their privately-owned rivals? What role can...

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Melissa Schwartzberg

Humanitarian Intervention

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Humanitarian Intervention

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Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international...

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Compromise

Jack Knight

Compromise

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A distinguished group of scholars explores compromise in contemporary affairs [/b][b] Do lawmakers have a greater ethical responsibility to compromise than ordinary citizens? How does one rectify what is at stake when lawmakers concede to compromise for the sake of reaching resolution? Is compromise necessarily equalizing and is it a reasonable mode of problem solving and dispute resolution? In this latest installment from the NOMOS series, distinguished scholars across the fields of political...

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Jack Knight

Loyalty

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Loyalty

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Few topics are more ubiquitous in everyday life and, at the same time, more controversial in practice, than that of one’s moral obligation to loyalty. Featuring essays by scholars working in a variety of subjects from law to psychology, Loyalty presents diverse perspectives on dilemmas posed by potential conflicts between loyalties to specific institutions or professional roles and more universalistic conceptions of moral duty. The volume begins with a philosophical exploration of...

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Majorities and Minorities

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Majorities and Minorities

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In this thirty-second annual volume in the American Society for Political and Legal Philosophy's NOMOS series, entitled Majorities and Minorities, thirteen distinguished contributors consider a diverse selection of topics. Included are essays on legitimacy of the majority, the utilitarian view of majoritarianism, majorities and elections, pluralism and equality, democratic theory, and American democracy and majority rules. Of Interest to political scientists, philosophers, and legal...

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Passions and Emotions

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Passions and Emotions

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Throughout the history of moral, political, and legal philosophy,many have portrayed passions and emotions as beingopposed to reason and good judgment. At the same time,others have defended passions and emotions as temperingreason and enriching judgment, and there is mountingempirical evidence linking emotions to moral judgment. InPassions and Emotions, a group of prominent scholars inphilosophy, political science, and law explore three clustersof issues: “Passion &...

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