The Concept of Injustice challenges traditional Western justice theory. Thinkers from Plato and Aristotle through to Kant, Hegel, Marx and Rawls have subordinated the idea of injustice to the idea of justice. Misled by the word's etymology, political theorists have assumed injustice to be the sheer, logical opposite of justice. Heinze summons ancient and early modern texts, philosophical and literary, with special attention to Shakespeare, to argue that injustice is not primarily the negation, failure or absence of justice. It is the constant product of regimes and norms of justice. Justice is not always the cure for injustice, and is often its cause.

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

Ethics and international Relations (IR), once considered along the margins of the IR field, has emerged as one of the most eclectic and interdisciplinary research areas today. Yet the same diversity that enriches this field also makes it a difficult one to characterize. Is it, or should it only be, the social-scientific pursuit of explaining and understanding how ethics influences the behaviours of actors in international relations? Or, should it be a field characterized by what the world should be like, based on philosophical, normative and policy-based arguments? This Handbook suggests that it can actually be both, as the contributions contained therein demonstrate how those two conceptions of ethics and international relations are inherently linked. Seeking to both provide an overview of the field and to drive debates forward, this Handbook is framed by an opening chapter providing a concise and accessible overview of the complex history of the field of ethics and IR, and a conclusion that discusses how the field may progress in the future and what subjects are likely to rise to prominence. Within are forty-four distinct and original contributions from scholars teaching and researching in the field, which are structured around eight key thematic sections: philosophical foundations international relations theory international security and just war justice, rights and global governance international intervention environment, health and migration global economics religion and ethics Drawing together a diverse range of scholars, the Routledge Handbook of Ethics and International Relations provides a cutting-edge overview of the field by bringing together these eclectic, albeit dynamic, themes and topics. It will be an essential resource for students and scholars alike.

This title was first published in 2003. The Logic of Equality proposes a formal-logical method for examining the indeterminacy of legal discourse, using the example of the non-discrimination norm. It shows that the indeterminacy of a legal concept does not mean that it is completely chaotic - the indeterminacy of the non-discrimination norm arises out of, and presupposes, a determinate formal structure, which remains fixed and constant both within and across jurisdictions, regardless of institutional or doctrinal differences. To illustrate the argument, cases are presented from a variety of jurisdictions including the United States Supreme Court, the European Court of Human Rights, the European Court of Justice, and the German Constitutional Court. The book is aimed at theorists who are interested in the analysis of legal discourse, including comparative legal scholars and those who specialise in human rights and/or discrimination law.

This title was first published in 2000: This anthology of essays focuses on the human rights of children in the area of sexuality. Looking at the theoretical aspects, essays examine the history and construction of concepts of childhood and child sexuality, while other essays take an interdisciplinary approach, examining anthropological, sociological, psychological and economic perspectives on law and childhood sexuality. Specific problems that arise in litigation and judicial practice are looked at in more detail, and in some cases, comparative and international approaches are taken to the examination of law reform and initiatives in selected countries and in international organizations.

Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.

A Theory of Injustice: Philosophical and Literary Perspectives insists upon a re-thinking of Western theories of Justice. For 2500 years, philosophers have subordinated the concept of injustice to the concept of justice, as if injustice were only a secondary, derivative notion. This book summons literary classics, notably Shakespeare, to argue that injustice, not justice, should be the focus of our attention. A long line of thinkers, from Plato and Aristotle through to Kant, Hegel, Marx and Rawls, have overlooked the central problems of injustice. The book identifies two elements - unity and measurement - that are constantly assumed to be essential to justice. It shows how, in landmark literary classics, it is precisely those two elements that end up generating injustice. Western justice theory, it is concluded, cannot advance until it takes a new approach to the concept and the realities of injustice.

Individual rights raise endless conflicts and spawn intricate standards and policies. Increasing involvement by courts has added still greater complexity. It would seem that few meaningful principles can unite an area of law plagued by such uncertainty. In this book the author argues that a fixed structure underlies that complexity, determining the kinds of arguments that can be made about individual rights. Examples are drawn from the world's oldest and most intricate body of law on civil rights and liberties: the case law of the United States Supreme Court. Yet the model is designed to account for any legal system that recognizes civil rights and liberties. The author applies techniques of logical analysis (although no prior knowledge of logic is required) to identify a deeper discursive structure. He shows how simple concepts of harm and consent, which do not ordinarily appear to be relevant in all cases, provide unity within and across regimes of individual rights.

The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character.
This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.

What does it mean to say that a particular war is just or unjust, that terrorism is always wrong, or that torture can sometimes be morally justified? What are the moral bases for the possession or use of nuclear weapons, intervening in other nations' civil wars, or being a bystander to genocide? Such questions take us to the heart of what is morally right and wrong behaviour in our world. Global Violence: Ethical and Political Issues provides readers with the analytical tools to better understand the suppositions that underlie the debates about such questions, as well as equipping them to advance their own reasoned and informed moral analyses of these topics. The book engages different normative approaches from the fields of ethics, international relations and political philosophy and uses them to examine a set of case studies on the subjects of inter-state and civil war, nuclear weapons, terrorism, torture and genocide.

This title was first published in 2000: This anthology of essays focuses on the human rights of children in the area of sexuality. Looking at the theoretical aspects, essays examine the history and construction of concepts of childhood and child sexuality, while other essays take an interdisciplinary approach, examining anthropological, sociological, psychological and economic perspectives on law and childhood sexuality. Specific problems that arise in litigation and judicial practice are looked at in more detail, and in some cases, comparative and international approaches are taken to the examination of law reform and initiatives in selected countries and in international organizations.

Ethics and international Relations (IR), once considered along the margins of the IR field, has emerged as one of the most eclectic and interdisciplinary research areas today. Yet the same diversity that enriches this field also makes it a difficult one to characterize. Is it, or should it only be, the social-scientific pursuit of explaining and understanding how ethics influences the behaviours of actors in international relations? Or, should it be a field characterized by what the world should be like, based on philosophical, normative and policy-based arguments? This Handbook suggests that it can actually be both, as the contributions contained therein demonstrate how those two conceptions of ethics and international relations are inherently linked. Seeking to both provide an overview of the field and to drive debates forward, this Handbook is framed by an opening chapter providing a concise and accessible overview of the complex history of the field of ethics and IR, and a conclusion that discusses how the field may progress in the future and what subjects are likely to rise to prominence. Within are forty-four distinct and original contributions from scholars teaching and researching in the field, which are structured around eight key thematic sections: philosophical foundations international relations theory international security and just war justice, rights and global governance international intervention environment, health and migration global economics religion and ethics Drawing together a diverse range of scholars, the Routledge Handbook of Ethics and International Relations provides a cutting-edge overview of the field by bringing together these eclectic, albeit dynamic, themes and topics. It will be an essential resource for students and scholars alike.