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Efficiency, Sustainability, and Justice to Future Generations

Part of the Law and Philosophy Library Book Series (volume 98)

Editors: Mathis, Klaus

DOI: 10.1007/978-94-007-1869-2

ISBN: 978-94-007-1868-5

Publisher: Springer Netherlands - Springer Journals

Aug 17, 2011

1 - 10 of 10 Chapters

Available

Consequentialism in Law

Mathis, Klaus

Pages: 3 –29

[This essay analyses the significance of consequentialism in legislation and legal adjudication. After a short discussion of legislative impact assessment, the debate on consequentialism in legal adjudication is presented in detail, making particular reference to the situation in Germany,...
Available

Consequence-Based ArgumentsConsequence-based Arguments in Legal Reasoning: A Jurisprudential Preface to Law and Economics

Cserne, Péter

Pages: 31 –54

[One of the persistent problems surrounding the discipline of law and economics is the role of economic arguments in legal reasoning. The problem has been extensively discussed in the literature but has not been ultimately solved. The present paper is a contribution to this ongoing discussion....
Available

Is the RationalityRationality of Judicial Judgements Jeopardized by Cognitive BiasesCognitive biases and EmpathyEmpathy?

Mathis, Klaus; Diriwächter, Fabian

Pages: 55 –73

[The introduction to this essay embarks on a discussion of the extent to which cognitive biases jeopardize the rationality of judicial judgements and, consequently, which interventions or institutional precautions are necessary to ensure that the judgements delivered by judges are nevertheless as...
Available

Our Responsibility Towards Future Generations

Becchi, Paolo

Pages: 77 –96

[The future, for a long time, was a concept to which philosophers and jurists paid little attention. Barely any of the great thinkers of the past classed it as relevant to human action. Even Kant, who shows some signs of taking the problem of generational succession into consideration, bases his...
Available

Future Generations in John RawlsRawls, John’ Theory of Justice

Mathis, Klaus

Pages: 97 –112

[One question addressed by John Rawls in “A Theory of Justice” (1971) is that of justice between the generations. The question presents Rawls with certain difficulties which stem from the fact that in his theory, Hume’s conditions of justice are spliced together with Kant’s principle of...
Available

What Is It Like to Be Unborn?

Gruber, Malte-Christian

Pages: 113 –137

[The International Year of Biodiversity presents an opportunity to revisit the underlying causes of the relentless loss of biological as well as cultural diversity and to reconsider the anthropocentric framing of environmental conservation. As long as economic and juridical perspectives do not...
Available

Cultural Heritage Preservation and Socio-Environmental Sustainability: Sustainable Development, Human Rights and CitizenshipCitizenship

Melo, Milena Petters

Pages: 139 –161

[Nowadays, by considering the principles of the 1992 Rio Declaration and the outcomes of the 2002 Johannesburg Summit, it is not difficult to understand an integrated approach to human rights and sustainable development: both are inextricably linked, complementary, multifaceted and mutually...
Available

Discounting the Future?

Mathis, Klaus

Pages: 165 –180

[To determine the value of public projects, cost-benefit analysis is an important instrument for assessing the profitability of an investment. Discounting is a practice that most economists take for granted almost unquestioningly. Philosophers, on the other hand, largely seem to agree that it is...
Available

A Critical Review of “Efficiency Ethics”: The Case of Climate Economics

Ekardt, Felix

Pages: 181 –210

[By examining the problem of climate change this paper develops (a) a substantial critique of the background assumptions that not only the formulation of economic theories but also, in parts, that of sociological/political theories is based upon, and (b) an approach to what should be understood...
Available

Valuing the Invaluable?

Hammer, Balz

Pages: 211 –235

[Starting from the practical necessity of valuing human life for the purposes of assessing the cost-efficiency of state projects aimed at the mitigation of risk (healthcare, environmental protection, etc.), this essay begins by outlining and offering a critical appraisal of the various economic...

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