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Susan P. Liebell

Bio: Susan P. Liebell is an academic researcher from Saint Joseph's University. The author has contributed to research in topics: Originalism & Citizenship. The author has an hindex of 4, co-authored 6 publications receiving 31 citations.

Papers
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Journal ArticleDOI
TL;DR: In this article, the authors present self-defense in a way similar to American Stand Your Ground laws: lethal retribution in the name of individual freedom, and investigate a common law distinction between justifiable versus...
Abstract: John Locke presents self-defense in a way similar to American Stand Your Ground laws: lethal retribution in the name of individual freedom. Interrogating a common law distinction—justifiable versus...

13 citations

Journal ArticleDOI
TL;DR: The authors argue that contemporary liberals can use imagination and group identification to help reinforce the commitment of individuals and groups to liberal principles with which they might not otherwise identify, and illustrate this with regard to controversies surrounding the toleration of gays, lesbians and transgendered individuals in the US.
Abstract: liberals typically assume that group identification stimulates passions beyond our ability to reason, Lockean switching reveals that the emotive qualities of group interest can actually help reinforce our commitment to and understanding of liberal principles. Locke thus insists that imagination and emotional response can encourage reason and increase impartiality. Locke's carefully crafted scenarios force readers to consider hard political questions, something underscored by comparing Locke's rhetorical strategies with those of two other important liberals, Montesquieu and Rawls. Second, Locke's invocation of remote "outsiders" such as Jews and pagans humanizes the hated minorities of his time and place. But it also risks reifying the majority group and inflaming prejudice. Finally, Lockean switching reminds us that liberals must be alert to the dangers of pushing readers to accept principles that are reasonable but impossible to implement. By exploring Locke's method of shifting perspectives, and connecting it to a broader liberal tradition of "switching," I argue that contemporary liberals can use imagination and group identification to help reinforce the commitment of individuals and groups to liberal principles with which they might not otherwise identify. I conclude by illustrating this with regard to controversies surrounding the toleration of gays, lesbians and transgendered individuals in the US.

7 citations

Journal ArticleDOI
01 Apr 2021-Polity
TL;DR: In this paper, the authors synthesize insights from political theory, feminist legal theory, critical race theory, and American legal history for the case of District of Columbia v. Heller.
Abstract: This case study of the Second Amendment precedent, District of Columbia v. Heller, synthesizes insights from political theory, feminist legal theory, critical race theory, and American legal histor...

7 citations

Journal ArticleDOI
07 Feb 2011-Polity
TL;DR: For example, this paper argued that the Second Treatise provides a fruitful source for constructing an environmentally sensitive and sustainable twenty-first-century environmental liberalism, and argued that Locke's economic, political, and social circumstances sensitized him to issues of scarcity and the importance of material resources.
Abstract: Some green theorists have criticized John Locke's theory of property as the source of liberalism's failure to address environmental degradation. Yet when properly read, Locke's Second Treatise provides a fruitful source for constructing an environmentally sensitive and sustainable twenty-first-century liberalism. This article contends that Locke's economic, political, and social circumstances sensitized him to issues of scarcity and the importance of material resources that are critical to a twenty-first-century environmental liberalism. His theory of property limits individual rights by establishing rules of fair play (enough and as good), prohibiting waste (spoilage), and requiring the support of the poor (sufficiency). His text—particularly, the “enough and as good proviso”—connects equality, fairness, and the common good to the natural world.

6 citations

Journal ArticleDOI
28 Feb 2023-Polity
TL;DR: In 2018, the United States Supreme Court overturned Roe v. Wade, the precedent that had guaranteed access to abortion as a fundamental liberty ensured by the Fourteenth Amendment for almost half a century as mentioned in this paper .
Abstract: In June 2022, the United States Supreme Court overturned Roe v.Wade, 1 the precedent that had guaranteed access to abortion as a fundamental liberty ensured by the Fourteenth Amendment for almost half a century. Most Americans don’t know much about the Supreme Court or the due process clause of the Fourteenth Amendment, but the abortion decision in Dobbs v. Jackson Women’s Health Organization triggered political protests, extensive press coverage, and a wave of voter registration. Candidates for political offices revised their campaign strategies. Millions of dollars were poured into a state-wide referendum on abortion in Kansas. In his majority decision in Dobbs, Justice Alito insisted that the Constitution speaks clearly; abortion is not a fundamental right to be defended by the Court but a policy issue to be determined by the political branches of government. Yet voters are skeptical about whether the Constitution provides such clarity. Polls have consistently shown that people (especially those who identify as Democrats) believe the justices of the Supreme Court are increasingly political, pursuing conservative goals rather than impersonally ruling on constitutionality. Political scientists have

3 citations


Cited by
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Journal ArticleDOI
TL;DR: It is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction.
Abstract: All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam's private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

3,076 citations

Journal ArticleDOI

1,156 citations

13 Mar 2016
TL;DR: The case of Nitokalisi Fonua (hereinafter, "Nick") as mentioned in this paper, who admitted to stealing a white GMC Blazer from a motel room at the Days Inn in Utah.
Abstract: FACTS An officer in Midvale, Utah was doing some paperwork in his patrol car when he was approached by man, later identified as Nitokalisi Fonua (hereinafter, “Nick”). Nick “looked suspicious,” mainly because he was “jittery, looking around and appeared to be very nervous.” Nick’s suspicion rating jumped dramatically when, for no apparent reason, he informed the officer he had stolen a white GMC Blazer, which he had parked nearby. Naturally, the officer asked Nick if he would show him the Blazer, and Nick said sure. When they located the Blazer, the officer walked over and looked inside. The first thing he saw was a sawed-off shotgun on the back seat. Then he noticed some markings on the shotgun, “markings that looked gang-related.” Nick told the officer that the key to the Blazer was inside his motel room at the Days Inn. Also in the room, he said, were his “cousins,” meaning “people he knows from the streets.” The officer asked Nick “if we could obtain the keys to the vehicle so we could turn those back over to the owner.” Nick said the keys “were in the room somewhere” and that he “didn’t care” if the officer went in and retrieved them. Nick also gave the officer his key to the room. When backup arrived at the motel, officers knocked on the door which was opened by a man named Vake. There were two other occupants: a woman and Kimoana, the defendant. By this time, the officers were aware that Kimoana—not Nick—had rented the room. The first thing the officers saw as the door opened was the woman pointing “an unidentified black object” at the wall. Concerned for their safety, they ordered the occupants to “show their hands.” Then they pat searched them. Finding no weapons (the “unidentified black object” was a television remote control), they holstered their guns. Although the officers already had Nick’s consent to search the room, they sought and obtained consent from Vake. During the search, they found a “long-barreled revolver” under a mattress. As the result, Kimoana was convicted of being a felon in possession of a firearm.

483 citations

Journal Article

460 citations

Journal ArticleDOI
TL;DR: In this article, a discussion of the constitutional commitments that inform the decisions of the Supreme Court is presented, focusing on one constitutional value that has been underappreciated: a commitment to democratic participation and self-government which he calls ''active liberty''.
Abstract: There seems to be a public perception that the members of the current, often divided, Supreme Court vote for partisan rather than principled reasons. As recent confirmation hearings have become more heated and polarized, this belief has only crystallized.1 In Active Liberty: Interpreting Our Democratic Constitution, Justice Stephen Breyer challenges this perception through a thoughtful discussion of the constitutional commitments that inform his decisions. This book does not provide a comprehensive theory of constitutional and statutory interpretation; 2 rather, Active Liberty is important because in it, Justice Breyer gives the American public insight into the constitutional themes and values that he draws on when deciding cases. In particular, Justice Breyer focuses on one constitutional value that he believes has been underappreciated: a commitment to democratic participation and self-government which he calls \"active liberty.\" Although Justice Breyer recognizes that other constitutional values are important, he believes that active liberty should play a more prominent role in constitutional adjudication.

64 citations