This book attempts to answer the question how health care can be incorporated into a comprehensive theory of justice, while realising an acceptable balance between efficiency, justice and care. It seems to be that we can have any two but not all three. Essentially, the central question addressed by this book is the following: how best to square the proverbial welfare circle.

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth. In this work, the lawyer and economist Klaus Mathis critically appraises Posner’s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith’s faith in the market as an ideal allocation model, and to Bentham’s ethical consequentialism. Finally, aligning himself with John Rawls’s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach. In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law.

Fifty years after the famous essay “The Problem of Social Cost” (1960) by the Nobel laureate Ronald Coase, Law and Economics seems to have become the lingua franca of American jurisprudence, and although its influence on European jurisprudence is only moderate by comparison, it has also gained popularity in Europe. A highly influential publication of a different nature was the Brundtland Report (1987), which extended the concept of sustainability from forestry to the whole of the economy and society. According to this report, development is sustainable when it “meets the needs of the present without compromising the ability of future generations to meet their own needs”. A key requirement of sustainable development is justice to future generations. It is still a matter of fact that the law as well as the theories of justice are generally restricted to the resolution of conflicts between contemporaries and between people living in the same country. This in turn raises a number of questions: what is the philosophical justification for intergenerational justice? What bearing does sustainability have on the efficiency principle? How do we put a policy of sustainability into practice, and what is the role of the law in doing so? The present volume is devoted to these questions. In Part One, “Law and Economics”, the role of economic analysis and efficiency in law is examined more closely. Part Two, “Law and Sustainability”, engages with the themes of sustainable development and justice to future generations. Finally, Part Three, “Law, Economics and Sustainability”, addresses the interrelationships between the different aspects.

Social justice has been the animating ideal of democratic governments throughout the twentieth century. Even those who oppose it recognize its potency. Yet the meaning of social justice remains obscure, and existing theories put forward by political philosophers to explain it have failed to capture the way people in general think about issues of social justice. This book develops a new theory. David Miller argues that principles of justice must be understood contextually, with each principle finding its natural home in a different form of human association. Because modern societies are complex, the theory of justice must be complex, too. The three primary components in Miller’s scheme are the principles of desert, need, and equality. The book uses empirical research to demonstrate the central role played by these principles in popular conceptions of justice. It then offers a close analysis of each concept, defending principles of desert and need against a range of critical attacks, and exploring instances when justice requires equal distribution and when it does not. Finally, it argues that social justice understood in this way remains a viable political ideal even in a world characterized by economic globalization and political multiculturalism. Accessibly written, and drawing upon the resources of both political philosophy and the social sciences, this book will appeal to readers with interest in public policy as well as to students of politics, philosophy, and sociology.

Examines state of the economy and the adverse effects of rising inflation, and unemployment, and subsequent rise in labor, health, and food costs.

Catholic health care is one of the key places where the church lives Catholic social teaching (CST). Yet the individualistic methodology of Catholic bioethics inherited from the manualist tradition has yet to incorporate this critical component of the Catholic moral tradition. Informed by the places where Catholic health care intersects with the diverse societal injustices embodied in the patients it encounters, this book brings the lens of CST to bear on Catholic health care, illuminating a new spectrum of ethical issues and practical recommendations from social determinants of health, immigration, diversity and disparities, behavioral health, gender-questioning patients, and environmental and global health issues.

This book describes and evaluates power and influence in the creation, administration, and distribution of health care in the United States. His work is uniquely concerned with distributive justice as well as power. Who ought to receive more (or less) health care? How should we decide these distributions? Such questions are addressed in works of philosophy with little attention to political, legal, and economic analysis of budget dilemmas, professional and industrial politics, and technology. This volume takes the issue a step further by placing health policy issues in the broader context of American politics, illuminating the conflict between health resources and other needs, and evaluating the trade offs.

`An excellent reader. It contains all the basic ingredients of a superb teaching book with the qualities of a thought-provoking text.... Should be required reading for all students of criminal justice policy and it will be a valuable teaching resource for all those involved in the delivery of courses on young people, justice and punishment' - Punishment and Society `This is a valuable student text; carefully collated and with an abuntant array of material... and will surely become a widely used course reader. For the practitioner and general reader it is a book to dip into, a means to access debates and remind oneself of the ebb and flow of policy' - Youth Justice Youth Justice brings together for the first time the most influential international contributors to the emergent field of youth justice studies. Youth Justice provides: · a critical introduction to the intellectual reframing of the history, theory, policy and practice of youth justice. · an essential resource of key debates and controversies from across the range of disciplines engaged in the study of youth in the social sciences · editorial essays at the beginning of each substantive section of the volume · specially commissioned chapters at the end of each section, which place the readings in their theoretical and historical context. The Reader is the set text for The Open University course, Youth Justice, Penality and Social Control (D864).

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.