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Posts tagged philosophy
Justice, Democracy and the Right to Justification: Rainer Forst in Dialogue

By Rainer Forst

Over the past 15 years, Rainer Forst has developed a fundamental research programme within the tradition of Frankfurt School Critical Theory. The core of this programme is a moral account of the basic right of justification that humans owe to one another as rational beings. This account is put to work by Forst in articulating - both historically and philosophically - the contexts and form of justice and of toleration. The result is a powerful theoretical framework within which to address issues such as transnational justice and multicultural toleration. In this volume, Forst sets out his ideas in an extended essay, which is responded to be influential interlocutors including: Andrea Sangiovanni, Amy Allen, Kevin Olson, Anthony Laden, Eva Erman and Simon Caney. The volume concludes with Forst's response to his interlocutors.

London: Bloomsbury Academic,  2014.  249p.

Philosophy and the Criminal Law: Principle and Critique

Edited by Antony Duff

Five preeminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, reflecting deeper political and social conflicts

Cambridge, UK: Cambridge University Press, 1998. 272p.

Plato's Penal Code: Tradition, Controversy, and Reform in Greek Penology

By Trevor J. Saunders

This book assesses Plato's penal code within the tradition of Greek penology. Saunders provides a detailed exposition of the emergence of the concept of publicly controlled, rationally calculated, and socially directed punishment in the period between Homer and Plato. He outlines the serious debate that ensued in the fifth century over the opposition by philosophers to popular judicial assumptions, and shows how the philosophical arguments gradually gained ground. He demonstrates that Plato advanced the most radical of the philosophical formulations of the concept of punishment in his Laws, arguing that punishment is or should be utilitarian and strictly reformative. This first comprehensive and detailed study of Plato's penology gives deserved attention to the works of a most important political and legal thinker.

Oxford, UK; New York: Clarendon Press/Oxford, 1991. 438p.

Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives

Edited by Denise Meyerson, Catriona Mackenzie, and Therese MacDermott

This book bridges a scholarly divide between empirical and normative theorizing about procedural justice in the context of relations of power between citizens and the state. Empirical research establishes that people’s understanding of procedural justice is shaped by relational factors. A central premise of this volume is that this research is significant but needs to be complemented by normative theorizing that draws on relational theories of ethics and justice to explain the moral significance of procedures and make normative sense of people’s concerns about relational factors. The chapters in Part 1 provide comprehensive reviews of empirical studies of procedural justice in policing, courts and prisons. Part 2 explores empirical and normative perspectives on procedural justice and legitimacy. Part 3 examines philosophical approaches to procedural justice. Part 4 considers the implications of a relational perspective for the design of procedures in a range of legal contexts.

London; New York: Routledge, 2021. 285p.

Cicero's Law

Edited by Paul J. du Plessis.

This volume brings together an international team of scholars to debate Cicero's role in the narrative of Roman law in the late Republic – a role that has been minimised or overlooked in previous scholarship. This reflects current research that opens a larger and more complex debate about the nature of law and of the legal profession in the last century of the Roman Republic.

University of Edinburgh Press (2018) 253 pages.