Reason And Fairness

Reason and Fairness offers a comparative history of the functionality of ordinary judicial competences, contemporary findings of its protective needs in the court internal and external spheres and completed by means of raising historical arguments in modern conventional law.

A polymath philosopher shares lighthearted examples of humanity's unspoken instinct toward favoritism to argue against zealous pursuits of fairness.

Have you ever wondered why some people are more tolerant and accepting of difference than others? Tolerance: The Glue That Binds Us: Empathy, Fairness and Reason is a ground-breaking book in its scope and in its examination of tolerance to human diversity. It is the first comprehensive publication about tolerance to human diversity which explores historical, philosophical (including the controversial relationship between freedom of speech and tolerance) and psychological aspects of tolerance as well as educational implications informed by theory and research. Rivka Witenberg suggests a new direction in research and theory and proposes an alternative way of viewing tolerance as a concept in its own right, better placed within the moral domain and not simply the opposite of prejudice. When tolerance is placed within the moral domain pertaining to empathy, equality, fairness, justice and avoiding harm to others, it should be viewed as positive in nature rather than simply forbearance or putting up with. She argues that to be tolerant is a fundamental human quality or value as central to human existence as love, charity and goodwill and that tolerance like morality is possibly instinctive. Significantly, while tolerance and prejudice do coexist, tolerance should not be confounded and confused with prejudice. Understanding more about the nature of tolerance to human diversity in todays increasingly diverse and complex world could not be more important for harmonious, cooperative intergroup living. Witenberg reflects on the origin of tolerance and its deep historical roots, exemplified by the Golden Rule. Analysis of philosophical theories and her psychological research about tolerance to human diversity further expands our understanding of this important matter. This book brings a new outlook on the questions about what tolerance is, how it is conceptualised and its practical implications. Moving away from the idea that tolerance is simply putting up with and the antithesis to prejudice, this is a major interdisciplinary work that alters our understanding of tolerance to human diversity. This book is unique in its approach and subject matter and should be of value not only to educators and policy makers but also to anyone interested in understanding this important issue. It is written in approachable language which allows everybody to understand this important topic.

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists.

This book presents a historically focused account of the concepts of 'reasonableness' and 'fairness', showing how they are subject to historical evolution.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

'Ben's book is an elegant and essential intervention in an era of enervating culture wars. It asks and answers nothing less than the most important question of our time: how can we recover the ability to talk to one another?' - Sathnam Sanghera, author of Empireland What does it mean to be fair? Why do we feel unfairness so strongly? What has happened to us today that we spend more time condemning each other's views than giving each other a fair hearing? The idea of fairness is one of the most commonly-expressed concepts, yet nobody ever stops to think what it really means. We all simply take the word 'fair' for granted. In this polemical guide to fairness, Ben Fenton explains the meaning of the word, how it fits into our genetic make-up and why we need our innate sense of fair play now more than ever. Fenton explores the idea that the unconscious procedure that humans go through in deciding fairness is the vital balancing act between competition and cooperation, the two driving forces that have made us the super-species of Planet Earth. He describes the neurology, anthropology, psychology, history and future of fairness and looks at how it affects our lives through politics, law, sex, religion, race, sport, business and even war. As a reporter of thirty years' experience, Fenton brings all his skills to bear in a lively and challenging description of the profound inner meaning of a throwaway phrase and why it matters so much to every single person in the world to seek To Be Fair. PART I – WHY SHOULD WE TRY TO BE FAIR? 1. Why You Should Read This Book 2. The Principles of Fairness 3. The Neurology and Psychology of Fairness 4. Fairness in History 5. Is Fairness a Creation of the English speaking World? (Spoiler alert: No) PART II – WHAT DOES FAIRNESS LOOK LIKE IN THE MODERN WORLD? 6. Fairness in Sport (and other forms of War) 7. Fairness in Business and Economics 8. Fairness in Law and Taxation 9. Fairness in Communication and Technology 10. Fairness in Politics and Government 11. Fairness in Human Relationships 12. Is Fair Play the Answer to the Ultimate Question?

Rightness as Fairness provides a uniquely fruitful method of 'principled fair negotiation' for resolving applied moral and political issues that requires merging principled debate with real-world negotiation.