Amartya Sen And Law

This volume introduces and collects some of the leading articles on noted economist and philosopher Amartya Sen's contributions to law and jurisprudence. While Sen has not contributed explicitly to the discipline of law, his scholarship has inspired significant investigations of core jurisprudential subjects. With the publication of The Idea of Justice in 2009, Sen has contributed many notable ideas to important concepts of jurisprudence, challenging notions of universalism and institutionalism in jurisprudential concepts, and contributing his own ideas on justice and equality. He offers fresh insights on the content of democracy and enumerates what good decision making in different contexts might entail. He has written importantly on issues of identity and cosmopolitanism, demonstrating the complexity of modern ideas of diversity, fairness and most importantly, sensitivity to context in assessing policies and governmental strategies. This curated collection of essays seeks to explore what other scholars have made of Sen's contributions to law and jurisprudence and the achievement of justice at both local and global levels. It includes an introductory essay that provides an overview of Sen's corpus of work and sorts, defines and explains the issues that are explored more fully in the 14 essays that follow. Those essays engage with different aspect of Sen's work, addressing his influence on political theory; jurisprudence; law with applications to constitutional theory and adjudication; deliberative democracy; political participation and decision making; human rights; labour law; law and development; gender justice; economic and political development and measurements; and assessment and theories of individual, collective and global justice.

Presents an analysis of what justice is, the transcendental theory of justice and its drawbacks, and a persuasive argument for a comparative perspective on justice that can guide us in the choice between alternatives.

Traditional theories of justice as formulated by political philosophers, jurists and economists have all tended to see injustice as simply a breach of justice, a breakdown of the normal order. Amartya Sen's work acts as a corrective to this tradition by arguing that we can recognise patent injustices, and come to a reasoned agreement about the need to remedy them, without reference to an explicit theory of justice. Against Injustice brings together distinguished academics from a variety of different fields - including economics, law, philosophy and anthropology - to explore the ideas underlying Sen's critique of traditional approaches to injustice. The centrepiece of the book is the first chapter by Sen in which he outlines his conception of the relationship between economics, ethics and law. The rest of the book addresses a variety of theoretical and empirical issues that relate to this conception, concluding with a response from Sen to his critics.

The main focus of this book is on the causation of starvation in general and of famines in particular. The author develops the alternative method of analysis—the 'entitlement approach'—concentrating on ownership and exchange, not on food supply. The book also provides a general analysis of the characterization and measurement of poverty. Various approaches used in economics, sociology, and political theory are critically examined. The predominance of distributional issues, including distribution between different occupation groups, links up the problem of conceptualizing poverty with that of analyzing starvation.

The noted economist and philosopher Amartya Sen argues that the dictum “all people are created equal” serves largely to deflect attention from the fact that we differ in age, gender, talents, and physical abilities as well as in material advantages and social background. He argues for concentrating on higher and more basic values: individual capabilities and freedom to achieve objectives. By concentrating on the equity and efficiency of social arrangements in promoting freedoms and capabilities of individuals, Sen adds an important new angle to arguments about such vital issues as gender inequalities, welfare policies, affirmative action, and public provision of health care and education.

From Nobel Prize winner Amartya Sen, a long-awaited memoir about home, belonging, inequality, and identity, recounting a singular life devoted to betterment of humanity. The Nobel laureate Amartya Sen is one of a handful of people who may truly be called “a global intellectual” (Financial Times). A towering figure in the field of economics, Sen is perhaps best known for his work on poverty and famine, as inspired by events in his boyhood home of West Bengal, India. But Sen has, in fact, called many places “home,” including Dhaka, in modern Bangladesh; Kolkata, where he first studied economics; and Trinity College, Cambridge, where he engaged with the greatest minds of his generation. In Home in the World, these “homes” collectively form an unparalleled and profoundly truthful vision of twentieth- and twenty-first-century life. Here Sen, “one of the most distinguished minds of our time” (New York Review of Books), interweaves scenes from his remarkable life with candid philosophical reflections on economics, welfare, and social justice, demonstrating how his experiences—in Asia, Europe, and later America—vitally informed his work. In exquisite prose, Sen evokes his childhood travels on the rivers of Bengal, as well as the “quiet beauty” of Dhaka. The Mandalay of Orwell and Kipling is recast as a flourishing cultural center with pagodas, palaces, and bazaars, “always humming with intriguing activities.” With characteristic moral clarity and compassion, Sen reflects on the cataclysmic events that soon tore his world asunder, from the Bengal famine of 1943 to the struggle for Indian independence against colonial tyranny—and the outbreak of political violence that accompanied the end of British rule. Witnessing these lacerating tragedies only amplified Sen’s sense of social purpose. He went on to study famine and inequality, wholly reconstructing theories of social choice and development. In 1998, he was awarded the Nobel Prize for his contributions to welfare economics, which included a fuller understanding of poverty as the deprivation of human capability. Still Sen, a tireless champion of the dispossessed, remains an activist, working now as ever to empower vulnerable minorities and break down walls among warring ethnic groups. As much a book of penetrating ideas as of people and places, Home in the World is the ultimate “portrait of a citizen of the world” (Spectator), telling an extraordinary story of human empathy across distance and time, and above all, of being at home in the world.

"Selected Tanner lectures on moral philosophy."--T.p.