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Home > Law > Jurisprudence and general issues > Methods, theory and philosophy of law > Equal Justice
Equal Justice

Equal Justice


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About the Book

The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Eric Rakowski considers three types of problem which urgently require solutions - the distribution of resources, property rights, and the saving of life - and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.Among the topics discussed are the principles by which earnings, wealth, and gifts should be taxed; whether the compulsory removal of organs for transplantation can be justified; how doctors and public officials should make life-or-death decisions when all those endangered cannot be helped in equal measure; and the morality of killing human beings and non-human animals.

Table of Contents:
Introduction; Part I. Equality of Fortune: The presumption in favor of equal shares; Voluntary choices and emergent inequalities; Ineluctable risks: illness and injury; Occupational preferences, effort, and desert; Unequal endowments; Gifts, bequests, and intergenerational obligations; Justice and the transfer of body parts; Part II. Corrective Justice: The problem of liability rules: the failings of wealth maximization as a normative ideal; Outline of a theory of corrective justice; Illustrations; Part III. Saving and Taking Life: Do numbers count when saving lives?; The relevance of personal characteristics to choices between lives; Killing people or animals to benefit others; Envoi; Bibliography; Index

Review :
`A provocative, well-argued, elegantly written book that will root out any complacency that a reader might have had about these eternal issues on starting it.' Howard Davies, Times Higher Education Supplement


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Product Details
  • ISBN-13: 9780198248750
  • Publisher: Oxford University Press
  • Publisher Imprint: Clarendon Press
  • Height: 241 mm
  • No of Pages: 398
  • Spine Width: 25 mm
  • Width: 162 mm
  • ISBN-10: 019824875X
  • Publisher Date: 05 Sep 1991
  • Binding: Hardback
  • Language: English
  • Returnable: N
  • Weight: 784 gr


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