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Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

Price: £100.00

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Equal Justice

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Eric RakowskiActing Professor of Law, University of California, Berkeley, USA

ISBN13: 9780198248750
ISBN: 019824875X
Published: May 1991
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, the author considers three types of problems which urgently require solutions - the distribution of resources, property rights, and the saving of life - and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.;Among the topics discussed are the principles by which earnings, wealth, and gifts should be taxed; whether the compulsory removal of organs for transplantation can be justified; how doctors and public officials should make life-or-death decisions when all those endangered cannot be helped in equal measure; and the morality of killing human beings and animals. The work is aimed at scholars and students of legal, moral, and political philosophy, and medical ethics.

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Part 1 Equality of fortune: the presumption in favour of equal shares; voluntary choices and emergent inequalities; ineluctable risks - illness and injury; occupational preferences, effort, and desert; unequal endowments; gifts, bequests, and intergenerational obligations; justice and the transfer of body parts.
Part 2 Corrective justice: the problem of liability rules - the failings of wealth maximization as a normative ideal; outline of a theory of corrective justice; illustrations.
Part 3 Saving and taking life: do numbers count when saving lives?; the relevance of personal characteristics to choices between lives; killing people or animals to benefit others.