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Topic: Legal egalitarianism


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In the News (Tue 22 Dec 09)

  
  Egalitarianism - Wikipedia, the free encyclopedia
Egalitarianism is the moral doctrine that equality ought to prevail throughout society.
Common forms of egalitarianism are material or economic egalitarianism, moral egalitarianism, legal egalitarianism, democratic egalitarianism, political egalitarianism, gender egalitarianism and opportunity egalitarianism.
Libertarianism can be understood as radical political egalitarianism, according to which everyone is equal (or nearly equal) in coercive political power, because no one has any (or those who have it have little and are strictly limited in their use of it).
en.wikipedia.org /wiki/Egalitarian   (682 words)

  
 Encyclopedia: Egalitarianism   (Site not responding. Last check: 2007-10-17)
Economic egalitarianism is a term used to define a state of affairs in which the members of a society are of equal standing in terms of economic power or wealth.
Political egalitarianism is a term used to define a state of affairs in which the members of a society are of equal standing in terms of political power or influence.
Economic egalitarianism, popular with liberals throughout much of the 20th Century, has given way to a concern not that everyone be strictly equal in material possession, but rather that everyone be equal in having enough material goods to successfully fulfill his or her native human capacities.
www.nationmaster.com /encyclopedia/Egalitarianism   (1256 words)

  
 Egalitarianism
Egalitarianism is a protean doctrine, because there are several different types of equality, or ways in which people might be treated the same, that might be thought desirable.
Interpreting Karl Marx as an egalitarian normative theorist is a tricky undertaking, however, in view of the fact that he tends to eschew explicit theorizing on moral principles and to regard assertions of moral principles as so much ideological dust thrust in the eyes of the workers by defenders of capitalism.
A just and egalitarian society is not plausibly held to be obligated to do whatever turns out to be necessary to bring it about that their members attain any given level or share of quality of life.
plato.stanford.edu /entries/egalitarianism   (12667 words)

  
 Legal Theory Lexicon   (Site not responding. Last check: 2007-10-17)
Normative legal theorists of all stripes--conservatives and liberals, welfarists and deontologists—tend to agree that the institution of law is fundamentally legitimate and that the legal regulation has a large role to play.
Legal phenomena are examined in a variety of other disciplines—ranging from philosophy and sociology to history and anthropology, but political science (or “politics” or “government”) is the academic discipline that is most strongly associated with the study of law outside of the law schools.
Legal theory is a much broader and encompassing term, encompassing the philosophy of law and jurisprudence as well as theorizing from a variety of other perspectives, including law and economics and the law and society movement.
legaltheorylexicon.blogspot.com   (17320 words)

  
 Egalitarianism -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-17)
Egalitarianism is the moral doctrine that (The quality of being the same in quantity or measure or value or status) equality ought to prevail throughout society.
The (An Indo-European language belonging to the West Germanic branch; the official language of Britain and the United States and most of the Commonwealth countries) English word is derived from the (The Romance language spoken in France and in countries colonized by France) French word égal meaning equal or level.
Meanwhile, other defenders of material egalitarianism have rejected Marxist communism in favor of such views as (Click link for more info and facts about Libertarian socialism) Libertarian socialism, which does not advocate the transitional use of the state as a means of redistribution.
www.absoluteastronomy.com /encyclopedia/e/eg/egalitarianism.htm   (741 words)

  
 Egalitarian   (Site not responding. Last check: 2007-10-17)
Different kinds of egalitarianism can sometimes conflict, while in other situations they may be indispensable to each other.For instance, communism is an egalitarian doctrine according to which everyone insupposed to enjoy material equality.
Meanwhile, other defenders of material egalitarianism have rejectedMarxist communism in favor of such views as Libertariansocialism, which does not advocate the transitional use of the state as a means of redistribution.
Economic egalitarianism, popular on the Left throughout much of the 20thCentury, has given way to a concern not that everyone be strictly equal in material possession, but rather that everyone be equalin having enough material goods to successfully fulfill his or her native human capacities.
www.therfcc.org /egalitarian-11059.html   (626 words)

  
 City Journal Autumn 2001 | Dangerous Egalitarian Dreams by John Kekes
In their egalitarian philosophical system, there's no need to debate the merits of progressive taxation, anti-poverty programs, socialized medicine, affirmative action, and welfare legislation: a society that lacks them is, by definition, not a just society.
Economic egalitarianism requires depriving the 86 percent of citizens who live above the poverty level of a substantial portion of their legally owned property in order to give it to the 14 percent who live below it.
The amazing egalitarian claim is that rationality requires us to disregard these concrete circumstances and actual principles in order to conform to more fundamental abstract and general principles, which Rawls and Dworkin then use to justify the radical transformation of our society and the confiscation of legitimately owned property.
www.city-journal.org /html/11_4_urbanities-dangerous.html   (3456 words)

  
 Legal and Psychotherapeutic Approaches to the Three Types of Parental Alienation Syndrome Families: - Richard A. ...
Here I focus on the therapeutic and legal approaches to the treatment of these children and their families, which (with increased experience) I have divided into three types.
They believe that gender egalitarianism in custody disputes is a disservice to children but are healthy enough not to involve themselves in courtroom litigation in order to gain primary custody.
This proposal is essentially sex blind (thereby satisfying present demands for gender egalitarianism) because it allows that a father's input may outweigh the mother's in the formative years, even though he starts at a disadvantage.
www.fact.on.ca /Info/pas/gardnr01.htm   (6027 words)

  
 Egalitarianism biography .ms   (Site not responding. Last check: 2007-10-17)
Egalitarianism is the moral doctrine that equality ought to prevail among some group along some dimension.
Originally this statement excluded women, slaves and other minority groups, but over time this kind of egalitarianism has won wide adherence and is a core component of liberal, democratic polities.
Economic egalitarianism, popular on the Left throughout much of the 20th Century, has given way to a concern not that everyone be strictly equal in material possession, but rather that everyone be equal in having enough material goods to successfully fulfill his or her native human capacities.
egalitarianism.biography.ms   (651 words)

  
 Egalitarianism   (Site not responding. Last check: 2007-10-17)
Common forms of of egalitarianism are material or economic egalitarianism, moral egalitarianism, legal egalitarianism, democratic egalitarianism, political egalitarianism, and opportunity egalitarianism.
However, because material inequality is pervasive, any regime that wishes to erase these inequalities must set up a mechanism of material redistribution, and because people do not ordinarily part willingly with their property for redistrubutive purposes, this mechanism must be coercive.
Therefore, some defenders of material egalitarianism have rejected Marxist communism in favor of such views as Libertarian socialism, which doesn't advocate the transitional use of the state as a means of redistribution.
www.termsdefined.net /eg/egalitarianism.html   (635 words)

  
 LexisNexis(TM) Academic - Document
Liberal egalitarian discussions of this problem, however, generally repeat Kelman's unexplained discontinuity between outright compulsion (like forcing someone to work to pay the tax) and mere incentive or inducement (like penalizing the decision to work).
As a terminological matter, Murphy warns against permitting the terms "liberal" and "egalitarian" to be appropriated by subscribers to the choices thesis, noting that many people who consider themselves liberal and egalitarian in sentiment find the thesis dubious.
Rakowski specifically criticizes "egalitarian welfarism," or the view that everyone's welfare should be equalized, as distinct from the aim of maximizing total welfare by some weighted or unweighted metric.
www.elon.edu /justice/fire/shaviroin.htm   (9008 words)

  
 [No title]   (Site not responding. Last check: 2007-10-17)
Egalitarianism is the doctrine that states that people should be equal in a certain respect.
Obviously, the way that the term 'egalitarian' is used today is different from the term's definitional meaning, and as a result, we see many kinds of egalitarianism in today's world.
Collectivist Egalitarianism ('evil') is based upon the idea that we are all the same, mere cogs in the social machine, and that any deviance from this reduces one?s moral worth, hence justifying the sacrifice of individuals to the group.
www.libertarian.org.au /blog/readArticle.jsp?articleID=92109   (1103 words)

  
 [No title]
Moreover, many egalitarians believe that egalitarianism is not only fully compatible with respect for freedom and autonomy, but that the concern to ensure conditions of equal freedom is an important motivation behind egalitarianism and its emphasis on choice-sensitivity.
Many egalitarians believe that, in whole or in part, one’s natural and social talents are morally arbitrary, with respect to one’s needs or claims for social resources, but are not necessarily a matter of luck.
The short answer is that a system may be egalitarian if it aims to eliminate the influence of factors that are arbitrary from a moral point of view and if its departures from choice-sensitivity are in the service of providing an equal opportunity for freedom to everyone.
www.law.nyu.edu /clppt/program2001/readings/shiffrin/egalitarianism.doc   (11884 words)

  
 Egalitarianism   (Site not responding. Last check: 2007-10-17)
Según egalitarianism legal, cada uno ought ser considerado igual bajo ley.
Según egalitarianism político, cada uno ought ser igual en energía política.
Sin embargo, los egalitarians políticos, tales como los libertarians, hacen frente a menudo a crítica fuerte de los egalitarians económicos que se preocupan de los extremos de la desigualdad económica hechos posibles por los mercados unfettered.
www.yotor.net /wiki/es/eg/Egalitarianism.htm   (477 words)

  
 Alison M. Fincher   (Site not responding. Last check: 2007-10-17)
The liberal egalitarian seeks to correct this problem with the libertarian argument by implementing a "framework of political and legal institutions" that guarantee equality of opportunity by guaranteeing equality of starting points (Rawls 62).
The second difference between liberal egalitarians and libertarians is the way in which they define "everyone's advantage." The former would base a system of universal advantage on the difference principle, while the later would base it on efficiency.
This definition is an attempt to reconcile the beliefs of liberal egalitarians with those of libertarians and is almost a restatement of the difference principle.
www.adamsolove.com /mindkiller/archives/000565.html   (5379 words)

  
 Matriarchy - Wikipedia, the free encyclopedia
Historian Ronald Hutton has argued that there is no necessary correlation between the worship of female deities and relative levels of social or legal egalitarianism between the sexes.
Spain can be compared to the seventeenth century Netherlands, where the worship of female quasi-deities was emphatically rejected and female clergy did not exist.
Yet, the social and legal status of women was much higher in the Netherlands than in Spain during this period.
www.wikipedia.org /wiki/Matriarchy   (1885 words)

  
 Online edition of Daily News - Features   (Site not responding. Last check: 2007-10-17)
Here then is the connection that the legal profession as defined by me has to political stability and economic growth.
Arising from this, the central issue that I want to impress upon the profession is to ask that it recognise as its concerns, not only the standards and values inherent in his or her own professional work, but also its wider political and quasi political responsibilities, so as to ensure stability and growth.
The legal profession, as broadly defined by me, is the one most important segment of the society that must support this effort and provide the infrastructure necessary to achieve it.
www.dailynews.lk /2002/02/22/fea01.html   (2373 words)

  
 Learn more about Ronald Dworkin in the online encyclopedia.   (Site not responding. Last check: 2007-10-17)
Ronald Dworkin (born 1931) is a philosopher, especially noted for his contributions to legal, political, and moral philosophy.
He argues that law is best understood as an interpretation of the political practices of a society.
Thus, in deciding a legal case, judges decide in accord with the interpretation of the society's institutions and legal texts that best fits and justifies the society's history and practices.
www.onlineencyclopedia.org /r/ro/ronald_dworkin.html   (453 words)

  
 
The Consequences of Variable Intelligence - Book Review
He challenges the egalitarian dream of socialists, sociologists, and liberal egalitarians, according to which intelligence is uniformly distributed in all populations and all humans were equal to any social and intellectual task if only they were not held down.
He accuses the ideology of egalitarianism for the genocides and holocausts of this century.
It is becoming clear that environmental egalitarians were wrong in their traditional assumption that human behavior and social structures are principally, if not completely, shaped by our environment.
www.eugenics.net /papers/Itzkoff.html   (4817 words)

  
 he asked for one page
The core of civil society remains the commitment to pursue egalitarian justice with no legal privileges to the elites.
legal and cultural privilege for aristocratic elites, both of the sword and of the pen
But these new nations chose to ally with the Soviet Union not for their ideolgoy, but because they preferred the soviet "managed economy;" not because they liked communism’s social egalitarianism (even more radical than the West’s legal egalitarianism), but because they wanted its authoritarian, top-down structures.
www.mille.org /people/rlpages/religion_civil_society2003.html   (6982 words)

  
 Herbert Spencer [Internet Encyclopedia of Philosophy]
He also rejected utilitarianism and its model of distributive justice because he held that it rested on an egalitarianism that ignored desert and, more fundamentally, biological need and efficiency.
Spencer further maintained that the utilitarian account of the law and the state was also inconsistent---that it tacitly assumed the existence of claims or rights that have both moral and legal weight independently of the positive law.
When parliaments attempt to do more than protect the rights of their citizens by, for example, 'imposing' a conception of the good--be it only on a minority--Spencer suggested that they are no different from tyrannies.
www.iep.utm.edu /s/spencer.htm   (3489 words)

  
 Law Library News, Jan. 17, 2005
Law School: Legal Education in America from the 1850s to the 1980s (Chapel Hill: University of North Carolina Press, 1983) (KF272.S8 1983 at Classified Stacks) is written by Robert Stevens, a one-time Yale law professor, president of Haverford College, and chancellor at U.C. Santa Cruz.
This is the best book on the history of American legal education, and is one of fifty most-cited law books between 1978 and 1999 (for a complete list of most-cited law books, see http://lib.law.washington.edu/ref/mostcited.html).
The twentieth century saw a time of tension between elitism and egalitarianism in legal education.
lib.law.washington.edu /news/2005/Jan17.html   (1268 words)

  
 Matriarchy -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-17)
Historian (Click link for more info and facts about Ronald Hutton) Ronald Hutton has argued that there is no necessary correlation between the worship of female (Click link for more info and facts about deities) deities and relative levels of social or legal egalitarianism between the sexes.
He has pointed out that within European history, in (Click link for more info and facts about seventeenth century) seventeenth century (A parliamentary monarchy in southwestern Europe on the Iberian Peninsula; a former colonial power) Spain there were many religious institutions staffed exclusively by women.
Spain can be compared to the seventeenth century (A constitutional monarchy in western Europe on the North Sea; achieved independence from Spain in 1579; half the country lies below sea level) Netherlands, where the worship of female quasi-deities was emphatically rejected and female (Clergymen collectively (as distinguished from the laity)) clergy did not exist.
www.absoluteastronomy.com /encyclopedia/m/ma/matriarchy.htm   (1883 words)

  
 The Right Coast
After meeting with her on Friday, Sen. Conrad Burns, R-Mont., praised Miers' sense of humor, knowledge of the West and "great understanding of the importance of the legal arena in our nation." But he said he wouldn't be able to decide whether to support her until he can learn more through her confirmation hearings.
But there is no reason at all to believe either that she is a legal conservative or--and more importantly--that she has the spine and steel necessary to resist the pressures that constantly bend the American legal system toward the left.
This is a chance that may never occur again: a decisive vacancy on the court, a conservative president, a 55-seat Republican majority, a large bench of brilliant and superbly credentialed conservative jurists...
therightcoast.blogspot.com   (6194 words)

  
 \documentstyle[endnotes,doublesp,titlepage,fullpage]{article}
In that situation, the Québécois express the feeling (LaPonce, 1987) that legal egalitarianism is simply not enough, and have attempted to legally restrict and diminish the domains of English within the French-speaking territory.
Though this enrages many English Canadians, who feel that egalitarianism is what the law requires, and is inherently fair, the francophones, however, contend that egalitarianism is not equal, because it does not lead to equal outcomes, but in the case of Canada, to English dominance.
In the final analysis, egalitarianism is not equality if one group is ten times the size of the other, whether in North America or in Singapore.
ccat.sas.upenn.edu /~haroldfs/public/tongueti.htm   (7862 words)

  
 Read Article
Clearly the Bush Administration has been issued legal advice that a pre-emptive strike against Iraq at this time would contravene international law and conventions protecting human rights.
With appeasement the goal, but the E.U. in a deadlock, a European-block compromise was sought: on one side Germany sought a level playing field, and an ethic of legal egalitarianism.
White House legal teams and scores of diplomats have been working around the clock moving to erase the ICC risk from the Iraqi war equation.
www.unobserver.com /printen.php?id=435   (2557 words)

  
 FrontPage magazine.com :: Requiem for the Left (Continued) by Barry Loberfeld
A clique of Critical Legal Studies professors at Harvard Law proposed that the professoriate and the custodial staff switch positions every six months.
It is precisely the mechanics of this moral elitism that produces a superstructure of political elitism, the coercive rule of self-appointed experts, which is what every socialist government to date has been.
What the Left has always condemned "capitalism" for most profoundly is its legal egalitarianism, its "formal equality" -- that is, its granting of political equality to moral unequals.
www.frontpagemag.com /articles/readarticle.asp?ID=19036&p=1   (2948 words)

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