Law And Social Justice

by Campbell, Joseph Keim; O'Rourke, Michael; Shier, David

• ISBN13: 9780262532747
• ISBN10: 0262532743
• Format: Paperback
• Copyright: 2005-12-01
• Publisher: Bradford Books

Summary

These essays by leading scholars illustrate the complexity and range of philosophical issues raised by consideration of law and social justice. The contributors to Law and Social Justiceexamine such broad foundational issues as instrumentalist versus Kantian conceptions of rights as well as such specific problems as the admissibility or inadmissibility of evidence of causation in toxic tort cases. They consider a variety of subjects, including the implications of deliberative democracy for privacy rights, equality as a principle of distributive justice, the paradox of "moral luck," the treatment of intellectual property in China and its roots in Chinese tradition, and the extent to which initial acquisition of goods yields full property rights. Two special sections at the end of the volume discuss the treatment of law and social justice issues in the work of two philosophers: "Wittgenstein and Legal Theory," on the influence of Wittgenstein's thought on legal philosophy, and a discussion of Jules L. Coleman's The Practice of Principle, which concludes with a contribution, "Facts, Fictions, and the Grounds of Law," by Coleman himself.

Table of Contents

Acknowledgments	ix
Part I
Law and Social Justice: A Framework	3	(12)
Harry S. Silverstein
Privacy, Pluralism, and Democracy	15	(26)
Joshua Cohen
An Argument for Egalitarian Justice and against the Leveling-Down Objection	41	(26)
Thomas Christiano
Justice, Inference to the Best Explanation, and the Judicial Evaluation of Scientific Evidence	67	(38)
Carl F. Cranor
Moral Luck and the Criminal Law	105	(20)
Nir Eisikovits
Intellectual Property and Traditional Chinese Culture	125	(18)
Philip J. Ivanhoe
Initial Acquisition and the Right to Private Property	143	(20)
Ann Levey
Justice and Strict Liability	163	(16)
Harry S. Silverstein
The Value of Rights	179	(34)
Leif Wenar
Part II
Introduction: Wittgenstein and Legal Theory	213	(4)
Douglas Lind
Cautions and Caveats for the Application of Wittgenstein to Legal Theory	217	(14)
Brian Bix
Prolegomenon to Any Future Legal Theory: Wittgenstein and Jurisprudence	231	(8)
Dennis Patterson
Legal Process and the Practices of Principle	239	(12)
Anthony J. Sebok
Part III
Introduction: The Practice of Principle	251	(4)
Kenneth Einar Himma
Backward and Forward with Tort Law	255	(30)
John Gardner
Pragmatism, Positivism, and the Conventionalistic Fallacy	285	(26)
Benjamin C. Zipursky
Conceptual Jurisprudence and the Intelligibility of Law's Claim to Obligate	311	(16)
Kenneth Einar Himma
Facts, Fictions, and the Grounds of Law	327	(26)
Jules L. Coleman
Index	353