Analyse & Kritik

Journal of Philosophy and Social Theory

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"Anthony de Jasay"

Titel: Fairness as Justice
Autor: Anthony de Jasay
Seite: 13-31

Abstract: The paper questions Binmore’s identification of justice with fairness and his corresponding focus on bargains to the neglect of conventions, notably of ownership. Section 1 deals mainly with the role ascribed to man’s earliest genetic heritage in shaping fairness norms and the putative effect of such norms on bargaining solutions. Section 2 argues that the scope of fairness as opposed to justice in determining the social order is quite narrow, It sketches a theory of fairness distinct from justice, derived from the principle of treating like cases alike.

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Titel: Gerechtigkeit
Autor: Anthony de Jasay
Seite: 143-170

Abstract: The concept of justice informs our sense of justice, rather than being formed by it. The concept escapes circularity, resting as it does on foundations that are independent of notions of justice. Those foundations can be found in constituent principles such as responsibility, presumption, and convention. Two realms of justice have to be separated: the realm of 'suum cuique' and of 'to each, according to... '. Contemporary theories of justice, however, tend to maximize their scope by obliterating 'suum cuique'. But the importance of the realm of 'suum cuique, anchors in fundaments of logic and epistemology which allow justice but little leeway.

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Titel: The Paretian Liberal, His Liberties and His Contracts
Autor: Anthony de Jasay / Hartmut Kliemt
Seite: 126-147

Abstract: The paper tries to relate classical liberal intuitions about rights and liberties to some of the more formal discussions of the putative impossibility of a Paretian liberal. Its focus is on the interpretation of formal modelling rather than on formal analysis. The theoretical concepts of the formalized approaches more often than not distort the meaning of the non-formalized concepts of classical liberal theory. Using proper explications of the concepts of liberties and rights respectively the alleged paradoxes of liberalism lose their paradoxical character.

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