Suchergebnisse

The concept of desert is enjoying a revival in contemporary political philosophy. After a period in which this principle has been largely neglected & John Rawls's critique of it widely endorsed, the possibility that desert should be adopted within a theory of distributive justice is now defended by several writers on the subject. This article maps the ground for the adoption of desert as a principle of justice. After identifying a few main features that characterize the concept of desert in the abstract, the article identifies three main areas of contention in characterizing the principle. These concern the question of what constitutes the appropriate bases on which individuals become deserving; the issue of the relation between desert & responsibility; & the question of whether desert is a pre-institutional principle. By examining these thorny issues in the desert debate & the possible stances that may be taken on them, the article aims to make room for the possibility that a defensible principle of desert may be articulated & adopted within a theory of justice. Adapted from the source document.

The idea of self-ownership is often used by libertarians to deny that the state is morally authorized to modify free market transactions coercively by means of taxation &, more generally, redistributive policies. From this perspective, if I am the owner of myself, I also own, according to Lockean teaching, the outcomes of my labor. Thus, there is no room for distributive justice without violating self-ownership. In this essay, the author argues against this idea. The author demonstrates some problems with the Lockean theory of labor mixing. He criticizes the Lockean theory as it has been recently reformulated by Robert Nozick. He explains why the supposed conflict between self-ownership & distributive justice can be accommodated & why it is possible & necessary to continue to elaborate theories of justice compatible with the idea of self-ownership. Adapted from the source document.

In order to imagine the law's future, we need reconstruct its past. The evolution of law in western countries disclaim a process of positivization: the law become and it is conceived as positive, i. e. less or more contingent, available for change. In more recent areas of law, such as constitutional, international and European Union's law, However, inverses processes occur: the de-positivization of law. In constitutional case-law, in particular, an ever more crucial role is played by implicit norm as equality, reasonabless, proportionality. These principles are positive only in a very weak sense of the term: in reality, they are only a part, and a necessary part of the very concept of distributive justice.

The article analyses some relatively new aspects of the Participatory Budgeting in Porto Alegre. In particular it tackles the double bond for the Conselho do Orcamento Participativo (imperative mandate & budget constraint according to redistributive justice), as well as the rule providing for an equal proportion between the participants at the assemblies & the number of delegates for each Forum. Participatory budgeting is suggesting to be a procedure aimed at adopt fair decision from a social point of view, & not only at promote the largest political participation of the citizens. According to the author the originality of the Brazilian experiment is to propose the formalization of "constitutional" rules for achieving social justice, beyond the virtues of popular participation. Adapted from the source document.

In order to imagine the law's future, we need reconstruct its past. The evolution of law in western countries disclaim a process of positivization: the law become and it is conceived as positive, i. e. less or more contingent, available for change. In more recent areas of law, such as constitutional, international and European Union's law, However, inverses processes occur: the de-positivization of law. In constitutional case-law, in particular, an ever more crucial role is played by implicit norm as equality, reasonabless, proportionality. These principles are positive only in a very weak sense of the term: in reality, they are only a part, and a necessary part of the very concept of distributive justice.

In order to imagine the law's future, we need reconstruct its past. The evolution of law in western countries disclaim a process of positivization: the law become and it is conceived as positive, i. e. less or more contingent, available for change. In more recent areas of law, such as constitutional, international and European Union's law, However, inverses processes occur: the de-positivization of law. In constitutional case-law, in particular, an ever more crucial role is played by implicit norm as equality, reasonabless, proportionality. These principles are positive only in a very weak sense of the term: in reality, they are only a part, and a necessary part of the very concept of distributive justice. ; L'unico modo per immaginare il futuro e pensarlo come prosecuzione del passato. Il passato del diritto occidentale consiste in un processo di positivizzazione: dove 'positivo' significa contingente o mutevole, in modo che il diritto possa adattarsi sempre meglio a cambiamenti sempre piu rapidi e imprevedibili. Peraltro, proprio nelle regioni piu recenti del giuridico – diritto costituzionale, internazionale, comunitario – si sta verificando um processo contrario, che potrebbe chiamarsi de-positivizzazione. Nelle giurisprudenze di tutti questi settori, in altri termini, si vanno affermando principi spesso impliciti – uguaglianza, ragionevolezza, proporzionalita – che possono dirsi positivi solo in un censo debolissimo del termine: nel senso di costituire la parte comune, nella sua genericita, alla maggior parte delle dottrine normative della giustizia.

The chapter investigates the features and the activity of a peculiar representative assembly born in Spanish Lombardy in mid-Sixteenth Century and abolished after the French invasion in 1796, the so-called Congregazione dello Stato. It offers a new perspective, that of Cremona, one of the most important lombard cities, that led a long and tenacious opposition to Milan, the head of the Congregation and most powerful actor in the region's political arena. Cremona' s point of view, expressed by a rich and little known archival series, is loyal to the Spanish Monarchy and at the same time upholds a sort of republican principle according to which all the cities must be treated on an equal basis and be supportive to one another, as requested by the rules of distributive and commutative justice. ; 1 ; simona.mori@unibg.it ; open ; Non definito ; scientifica ; Il volume sarà diffuso in open access ; open ; Mori, Simona ; Mori, Simona