Engaging with Forst’s Right to Justification

2019 ◽  
pp. 33-52
Author(s):  
Claudio Corradetti
Keyword(s):  
Moral Imperative ◽  
Theory Of Justice ◽  
Cooperative Scheme ◽  
The Right ◽  
Moral Grounding

This chapter engages with Forst’s treatment of justification and how this relates to a fundamental ‘duty’ to justification. It raises doubts on the equation that he establishes between the unconditionality of a Kantian moral imperative and the pretense of unconditionality of the duty to justification. As a result, it contests that the right to justification stands as a ‘fundamentum inconcussum’ of a justificatory theory of justice, and suggests that the Kantian account takes the justification of morality and law as elements of a cooperative scheme of justice. It argues that at times, Forst’s moral grounding of justice might raise concerns with a truly post-metaphysical doctrine of justice.

Civil courage as a communicative act

2020 ◽  
Vol 11 (2) ◽  
pp. 316-335
Author(s):  
Paul Iganski
Keyword(s):  
Social Identity ◽  
Social Exclusion ◽  
Verbal Aggression ◽  
Moral Imperative ◽  
Turn On ◽  
Potential Value ◽  
Felt Sense ◽  
Communicative Act ◽  
The Right ◽  
Hate Violence

Abstract Hate violence which denigrates a person’s social identity whether it involves physical or verbal aggression off or online – is a communicative act. It transmits a message to the victim that they are devalued and unwelcome. It is a marginalising and exclusionary message. Answering back to hate violence by challenging hateful expression is one way of responding. It is a form of ‘civil courage’. Yet why should anybody want to take a stand and speak out – given the risks involved that perpetrators might turn on those who intervene or respond in some other way? This paper proposes that the importance of civil courage goes beyond being the right thing to do, or the humane thing, when a bystander witnesses hate violence off- or online. Instead, if we comprehend hate violence as a communicative act, and if we understand the particular impact of the exclusionary message it sends (and understand how bystander inaction can magnify the felt sense of social exclusion), then we might appreciate the potential value of an act of civil courage in response. There is a moral imperative for civil courage as it answers back to hate violence by sending an inclusionary message to the victim – as reasoned in this paper.

In Defense of Productive Human Rights

2018 ◽  
Author(s):  
Bas van der Vossen ◽  
Jason Brennan
Keyword(s):  
Human Rights ◽  
Private Property ◽  
Human Life ◽  
Theory And Practice ◽  
Individual Rights ◽  
Theory Of Justice ◽  
Freedom Of Contract ◽  
The Right

The chapter defends economic liberties such as the right to private property and freedom of contract as basic human rights, which the authors refer to as productive human rights. Despite being largely ignored or criticized in the theory and practice of human rights, they serve all the key functions that human rights generally serve. Using a basic interest framework, the chapter show that productive rights qualify as human rights because they both directly serve the interests of individual rights-holders, as well as the interests of people across the societies in which they are upheld. The chapter concludes by reflecting on the theoretical implications of a theory of justice that omits productive rights, and focuses only on things like meeting people’s needs. Such a theory will end up distorting important truths about human life and agency.

Inequalities Affecting Access to Healthcare: A Philosophical Reflection

2009 ◽  
Vol 13 (1) ◽  
pp. 7-15
Author(s):  
Cristi Campbell Coursen,
Keyword(s):  
Health Equity ◽  
John Rawls ◽  
Social Inequalities ◽  
Healthcare Delivery ◽  
Access To Healthcare ◽  
Moral Concern ◽  
Moral Imperative ◽  
Justice As Fairness ◽  
Theory Of Justice ◽  
Overwhelming Evidence

There is overwhelming evidence that social inequalities affect health outcomes. Health deprivation as a consequence of poverty is a moral concern. Inequitable access to healthcare may be considered a subject of social justice inquiry. Concepts within John Rawls’ (2001) theory of justice as fairness are used as a philosophical template to identify inequalities in healthcare delivery within the complexity of the Medicaid system. From a caring perspective, Medicaid can be fair if the individuals responsible for its policies and their implementation believe that health equity is a moral imperative and they act with intent to provide health equity

PROPERTY RIGHTS AND THE RIGHT TO THE FRUITS OF ONE'S LABOR: A NOTE ON ADAM SMITH'S JURISPRUDENCE

2005 ◽  
Vol 21 (2) ◽  
pp. 279-289 ◽  
Author(s):  
AMOS WITZTUM
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Private Ownership ◽  
Theory Of Justice ◽  
Natural Justice ◽  
Ethical Position ◽  
The Right ◽  
Smith Theory

This paper provides further evidence to the argument that Smith' theory of justice did not follow the natural justice school and that subsequently the ethical position on acquiring private property is not independent of the effects which such acquisition may have on the property-less individuals. I will show that the justification for private ownership is based on “reasonable expectations” which owners of assets have with regard to the fruits of the asset. The expectation to subsist through the use of one's natural assets is equally reasonable. This is not to say that Smith believed that society should equally distribute income. But it does mean that the acquisition of private property must not interfere with the rights of individuals to subsist. Consequently, distribution is clearly an important part of Smith's conception of justice.

scholarly journals POSITION OF PRADANA IN NYEBURIN MARRIAGE REVIEWED FROM THE LAW OF BALI INDIGENOUS HERITAGE IN BANJAR KUTUH DESA SAYAN KECAMATAN UBUD KABUPATEN GIANYAR

2020 ◽  
Vol 5 (1) ◽  
pp. 16-23
Author(s):  
Ni Kadek Sinta Dewi ◽  
I Nyoman Putu Budiartha (Scopus ID: 57202765630) ◽  
I Nyoman Sujana
Keyword(s):  
Social Status ◽  
Field Research ◽  
Indigenous Communities ◽  
Primary Data ◽  
Literature Study ◽  
Conceptual Approach ◽  
Theory Of Justice ◽  
Inheritance System ◽  
Study Techniques ◽  
The Right

The aims of this study are to know the Nyeburin Marriage Inheritance System in Banjar Kutuh, Sayan Village, Ubud District, Gianyar Regency women as Purusa or nyentana men as Pradana if their inheritance is in the form of land assets and to know the position of social social status of men as Pradana in Nyeburin Marriage in indigenous communities in the Village of Sayan Banjar Kutuh, Ubud District, Gianyar Regency. This method uses Empirical legal research. Using the statutory approach, case approach, and conceptual approach. Sources of data are sourced from primary data (field research) and secondary data (library research). Data collection techniques consisted of interview techniques, document study techniques, and literature study techniques. The data collected was analyzed descriptive qualitatively. The author uses the theory of justice, the theory of legal certainty, the theory of reception in complex u. Based on the results of the study it was found that the inheritance of nyeburin marriage in Banjar village is still strong in women because of their status as Purusa and their social social status is different if the work of a person who becomes a pradana, for example, a doctor may look higher. The conclusion is that a woman still has the right to inherit because as a purusa and if the inheritance in the form of land remains the right of the woman and in social status remains the head of the household in the community remains the same except for work that makes their social status different.

Analisis Teori Keadilan Menurut Yusuf Qardhawi terhadap Distribusi Konversi Minyak Tanah ke LPG bagi Masyarakat Berpenghasilan Rendah

2020 ◽  
pp. 10
Author(s):  
Apri Sunarsi ◽  
N. Eva Fauziah ◽  
Eva Misfah Bayuni
Keyword(s):  
Qualitative Research ◽  
Low Income ◽  
Research Method ◽  
Government Regulations ◽  
Theory Of Justice ◽  
Library Research ◽  
Principle Of Justice ◽  
Mean Equality ◽  
The Right ◽  
The Village

Abstract. According to Yusuf Qardhawi theory justice does not always mean equality. This study aims to determine the theory of justice according to Yusuf Qardhawi, the implementation of the distribution of kerosene to LPG conversion programs for low-income people in the Limau Manis sub-village, and analyze the theory of justice according to Yusuf Qardhawi to the kerosene to LPG conversion program for low-income people in the Limau Manis sub-village .The research method used is qualitative research with data collection techniques using questionnaires, interviews, documentation and library research. A sample of 28 people representing each type of work.The results of the analysis of justice theory according to Yusuf Qardhawi can be concluded that justice is not equal, same sense but a balance between individuals and society as well as material and spiritual elements, both the balance between society and other communities. The distribution of the kerosene to LPG conversion program of the kelurahan has not been appropriate and does not comply with government regulations regarding the criteria for the right to get a 3 kg kerosene to LPG conversion program. In the process of implementing distribution to the community carried out by the RT / RW there was also an imbalance because the distribution of the package was not witnessed directly by the distribution officer from the village and this was contrary to the principle of justice Yusuf Qardhawi.Keywords: Theory of Justice Yusuf Qardhawi, Distribution, Conversion of Kerosene to LPG Gas 3 KgAbstrak. Menurut teori Yusuf Qardhawi keadilan tidak selalu berarti pemerataan. Penelitian ini bertujuan untuk mengetahui teori keadilan menurut Yusuf Qardhawi, pelaksanaan distribusi program konversi minyak tanah ke LPG bagi masyarakat berpenghasilan rendah di Dusun Limau Manis, dan menganalisis teori keadilan menurut Yusuf Qardhawi terhadap program konversi minyak tanah ke LPG bagi masyarakat berpenghasilan rendah di Dusun Limau Manis.Metode penelitian yang digunakan adalah penelitian kualitatif dengan teknik pengumpulan data menggunakan penyebaran kuisioner, wawancara, dokumentasi dan library research. Sampelnya sebanyak 28 orang yang mewakili setiap jenis pekerjaan.Hasil dari analisis teori keadilan menurut Yusuf Qardhawi dapat disimpulkan keadilan itu bukan sama rata, sama rasa tetapi keseimbangan antar individu dan masyarakat maupun secara unsur materi dan spiritual, baik keseimbangan antara masyarakat dan masyarakat yang lainnya. Pelaksanaan pendistribusian program konversi minyak tanah ke LPG pihak kelurahan belum tepat dan tidak sesuai dengan peraturan pemerintah tentang kriteria yang berhak mendapatkan program konversi minyak tanah ke LPG 3 kg. Dalam proses pelaksanaan pendistribusian kepada masyarakat yang dilakukan oleh RT/RW juga terjadi ketimpangan karena dalam pembagian paket tersebut tidak disaksikan langsung oleh petugas pendistribusian dari kelurahan dan ini bertentangan dengan prinsip keadilan Yusuf Qardhawi.Kata kunci: Teori Keadilan Yusuf Qardhawi, Pendistribusian, Konversi Minyak Tanah Ke Gas LPG 3 Kg

Classical Liberalism and Rawlsian Revisionism

1977 ◽  
Vol 3 ◽  
pp. 95-119
Author(s):  
Elizabeth Rapaport
Keyword(s):  
Political Theory ◽  
John Rawls ◽  
17Th Century ◽  
Systematic Revision ◽  
Philosophical Foundations ◽  
Theory Of Justice ◽  
The Past ◽  
Anglo American ◽  
The Right ◽  
Competitive Economy

A certain view of Anglo-American liberal political theory has been commonplace for a couple of generations. It is said that the philosophical foundations of contractarian liberalism lie in the 17th century, chiefly in the formulations given to it by Hobbes and Locke. But for two distinct reasons these 17th century formulations fail to provide an adequate basis for contemporary political theory. First, the development of our political and economic institutions in the past two or three hundred years has made it impossible to accept a theory which assumes a minimal, laissez-faire state and a highly competitive economy. Second, the individualist psychological and moral assumptions of the theory are highly dubious if not clearly false.In A Theory of justice John Rawls attempts to provide the systematic revision which liberalism so clearly needs. The revisionist intent of Rawls’ work has not received the attention it deserves, except by critics of the right who deny that such revision is needed.

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