Justice, Ethics, and New Zealand Society

by Oddie, Graham; Perrett, Roy W.

• ISBN13: 9780195582413
• ISBN10: 0195582411
• Format: Paperback
• Copyright: 1993-04-29
• Publisher: Oxford University Press

Summary

What is sovereignty? Was it ceded to the Crown in the Treaty of Waitangi? If land was unjustly confiscated over a century ago, should it be returned? Is an ecosystem valuable in itself, or only because of its value to people? Does a property right entail a right to destroy? Can collectives (such as tribes) bear moral responsibility? Do they have moral rights? If so, what are the implications for the justice system? These questions are essentially philosophical, yet all thoughtful New Zealanders will be keen to see them discussed clearly, rigorously, and dispassionately. This book gathers together essays by eminent philosophers on some of these problems. All of them are New Zealanders or have connections with this region. The problems which this book addresses on aspects of justice and ethics are of concern to all New Zealanders. Students of law, Maori studies, philosophy, politics, and history will find it particularly helpful.

Table of Contents

Acknowledgements
List of Contributors
Introduction: Philosophy in a New Zealand Setting
The Colonization of Maori Philosophy	p. 1
A Maori Concept of Collective Responsibility	p. 11
Individualism, Justice, and the Maori View of the Self	p. 27
Sovereigns, Sovereignty, and the Treaty of Waitangi	p. 41
The Treaty of Waitangi and Hobbes's Condition of Mere Nature	p. 60
Is the Treaty of Waitangi a Social Contract?	p. 73
Legal Reasoning and the Treaty of Waitangi: Orthodox and Radical Approaches	p. 91
The Treaty and the Universities	p. 109
Principled Pragmatism: Edmund Burke, the Americans, and Waitangi	p. 126
Historic Injustice: Its Remembrance and Supercession	p. 139
Liberty in the Republic	p. 171
Property Rights and Preservationist Duties	p. 192
On the Value Core of Deep-Green Theory	p. 222
Index	p. 230
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