Archives for the month of: September, 2016

janetthomas

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Amatya Sen claims that ‘capabilities’ provide the relevant evaluative space for understanding equality. However Sen’s theory has been criticised on the grounds that it does not provide sufficient specification of which functionings and capabilities are valuable. This essay investigates the capabilities theory with reference to this kind of criticism and finds that, on the basis of its reliance upon universal values of liberty and autonomy,  Martha Nussbaum’s development of capabilities theory could provide a possible framework for specifying valuable functionings and capabilities.
The capabilities approach is dependent upon the evaluation of those particular functionings that are concerned with the value of life. In the study prepared for the United Nations, Amartya Sen put forward the argument that the capability approach is an improvement on other theories of justice, such as utilitarianism, Rawlsian egalitarianism and libertarianism because it uses other informational focuses to consider social advantage (p.30). The main criticism of…

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John Rawls’ “Theory of Justice” (1972) explains how social cooperation needs a system of justice and gives a basic idea of what justice means to the structure of society. Rawls presents the primary concept of justice as being fairness, an abstract extension of the social contract described by such philosophers as Locke, Rousseau and Kant. In Rawls’ theory, however, the social contract is replaced by a concept of an original position which allows for an original agreement on the principles of justice. Rawls contrasts this with the classical utilitarian view (p.3).

Rawls first considers the role of justice. He states that while society is seen as the cooperation of people for mutual advantage it also produces conflict through competing interests. Although social cooperation is the best way for people to better their lives there is a conflict of interests because people dispute inequalities of distribution of the products of society…

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janetthomas

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Thomas, J.E, (2006), “Humans in Winter”, Encaustic on paper

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janetthomas

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Neuroscience is making advances in mapping our brain. In doing so, it questions our fundamental beliefs about our autonomy within the law. However, to date, it still has not been successful in undermining principles of justice that have underpinned Western legal systems and international treaties for the past centuries. This essay provides a study upon what difference neuroscience makes, or not, to the law.

Neuroscience is an advancement in cognitive studies which has up until a few decades ago relied mostly upon behavioural studies. Presently there are claims made by corporations involved in neuro-technologies that claim to be able to detect deception accurately, and also to assess whether people have tendencies towards criminality. To study the issue of whether neuroscience in this capacity will not make a difference to the law, this essay will study the history of the cognitive sciences in the law, the claims of Greene and…

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