New PDF release: Equal Justice (Clarendon Paperbacks)

By Eric Rakowski

ISBN-10: 0198240791

ISBN-13: 9780198240792

The middle of this e-book is a unique idea of distributive justice premised at the primary ethical equality of folks. within the gentle of this concept, Rakowski considers 3 forms of difficulties which urgently require solutions--the distribution of assets, estate rights, and the saving of life--and presents hard and unconventional solutions. additional, he criticizes the industrial research of legislations as a normative conception, and develops an alternate account of tort and estate law.

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Example text

Arneson excludes them from consideration in measuring a person's welfare and thus that person's opportunity for welfare. For a theory that accords welfare, or at any rate its possibility, pride of place, this exclusion cannot but seem odd. After all, external preferences are no less potential sources of welfare than are self-interested preferences. Some people assign them considerably more importance than they do all but their most basic self-interested preferences, and adjudge their lives successes or failures to a far greater degree according to the satisfaction or frustration of their most important external preferences than according to how well their self-interested preferences have fared.

Utilitarians would give the raise to the second person; few of us would approve. In the context of handicaps, the problem takes two forms. Some people who are despondent cannot be cheered very much by a flood of gold. If severely handicapped people fall into this category, is it just to give them less when they have so little to begin with through no fault of their own and would still benefit somewhat from the extra cash? The second form this problem takes involves handicapped persons who are not forlorn but irrepressibly happy.

Egalitarian Welfarism Utilitarianism's chief flaw is its obsession with aggregate quantities of welfare to the neglect of welfare's distribution. Egalitarian welfarism--the view that society should equalize the welfare of its members or contribute ____________________ 23 Derek Parfit argues that if his reductionist theory of personal identity is correct, then the case for taking persons rather than desires as the proper subjects of equality is weakened. See Parfit ( 1984), ch. 15. This claim is certainly debatable.

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Equal Justice (Clarendon Paperbacks) by Eric Rakowski


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