Taking Rights Seriously
TL;DR: In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as l
Abstract: 1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l
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01 Jan 2015
TL;DR: In this paper, the authors argue that the concept of quality of government should be best understood as that of having impartial government institutions, which avoids functionalism and ignores the contents of specific policies in favor of the procedures for how they are implemented.
Abstract: The authors argue that the concept of quality of government should be best understood as that of having impartial government institutions. This definition avoids functionalism, ignores the contents of specific policies in favor of the procedures for how they are implemented, and pertain to the output side of the political system. They discuss this concept in relation to several proposed alternative definitions.
1,394 citations
TL;DR: In this article, the characteristics of strainful events and conditions that influence their relationship to crime are described, and it is predicted that some types of strain will not be related to crime, including types that have dominated the research on strain theory.
Abstract: General strain theory (GST) is usually tested by examining the effect of strain on crime. Researchers, however, have little guidance when it comes to selecting among the many hundreds of types of strain and have trouble explaining why only some of them are related to crime. This article builds on GST by describing the characteristics of strainful events and conditions that influence their relationship to crime. Strains are said to be most likely to result in crime when they (1) are seen as unjust, (2) are seen as high in magnitude, (3) are associated with low social control, and (4) create some pressure or incentive to engage in criminal coping. Drawing on these characteristics, it is predicted that some types of strain will not be related to crime, including types that have dominated the research on strain theory, and that others will be related to crime, including types that have been neglected by empirical researchers.
1,346 citations
01 Jan 2013
TL;DR: Value sensitive design as discussed by the authors is a theoretically grounded approach to the design of technology that accounts for human values in a principled and comprehensive manner throughout the design process, which employs an integrative and iterative tripartite methodology, consisting of conceptual, empirical, and technical investigations.
Abstract: Value Sensitive Design is a theoretically grounded approach to the design of technology that accounts for human values in a principled and comprehensive manner throughout the design process. It employs an integrative and iterative tripartite methodology, consisting of conceptual, empirical, and technical investigations. We explicate Value Sensitive Design by drawing on three case studies. The first study concerns information and control of web browser cookies, implicating the value of informed consent. The second study concerns using high-definition plasma displays in an office environment to provide a “window” to the outside world, implicating the values of physical and psychological well-being and privacy in public spaces. The third study concerns an integrated land use, transportation, and environmental simulation system to support public deliberation and debate on major land use and transportation decisions, implicating the values of fairness, accountability, and support for the democratic process, as well as a highly diverse range of values that might be held by different stakeholders, such as environmental sustainability, opportunities for business expansion, or walkable neighborhoods. We conclude with direct and practical suggestions for how to engage in Value Sensitive Design.
1,321 citations
Cites background from "Taking Rights Seriously"
...By moral, we refer to issues that pertain to fairness, justice, human welfare, and virtue, encompassing within moral philosophical theory deontology (Dworkin, 1978; Gewirth, 1978; Kant, 1785/1964; Rawls, 1971), consequentialism (Smart and Williams, 1973; see Scheffler, 1982 for an analysis), and…...
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...By moral, we refer to issues that pertain to fairness, justice, human welfare, and virtue, encompassing within moral philosophical theory deontology (Dworkin, 1978; Gewirth, 1978; Kant, 1785/1964; Rawls, 1971), consequentialism (Smart and Williams, 1973; see Scheffler, 1982 for an analysis), and virtue (Campbell and Christopher, 1996; Foot, 1978;MacIntyre, 1984)....
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TL;DR: In this article, the authors propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority, which they relate to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism.
Abstract: The recent growth in research on "good governance" and the quality of government institutions has been propelled by empirical findings that show that such institutions may hold the key to understanding economic growth and social welfare in developing and transition countries. We argue, however, that a key issue has not been addressed, namely, what quality of government (QoG) actually means at the conceptual level. Based on analyses of political theory, we propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority. We relate the idea of impartiality to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism. To place the theory of impartiality in a larger context, we then contrast its scope and meaning with that of a threefold set of competing concepts of quality of government: democracy, the rule of law, and efficiency/effectiveness.
922 citations
TL;DR: In this article, the causal mechanism between variation in the design of welfare-state institutions and social capital is investigated, based on Swedish survey data, and it is shown that the specific design of WSP policies matters for the production of social capital, whereas experiences with needs-testing social programs undermine it.
Abstract: Since the debate about the importance of social capital and civil society for the quality of democracy began, Scandinavia has caused problems. Observers have been bewildered by an allegedly paradoxical coexistence of a wealth of social capital and extensive welfare-state arrangements. Some theorize that large welfare states make engagement in voluntary associations unnecessary, making the production of social capital more difficult. However, empirical research shows Scandinavia to have comparatively high levels of social capital. To solve this paradox, the authors address how the causal mechanism between variation in the design of welfare-state institutions and social capital works. The empirical analysis, based on Swedish survey data, suggests that the specific design of welfare-state policies matters for the production of social capital. Contacts with universal welfare-state institutions tend to increase social trust, whereas experiences with needs-testing social programs undermine it. The policy implic...
542 citations
References
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01 Jan 2015
TL;DR: In this paper, the authors argue that the concept of quality of government should be best understood as that of having impartial government institutions, which avoids functionalism and ignores the contents of specific policies in favor of the procedures for how they are implemented.
Abstract: The authors argue that the concept of quality of government should be best understood as that of having impartial government institutions. This definition avoids functionalism, ignores the contents of specific policies in favor of the procedures for how they are implemented, and pertain to the output side of the political system. They discuss this concept in relation to several proposed alternative definitions.
1,394 citations
TL;DR: In this article, the characteristics of strainful events and conditions that influence their relationship to crime are described, and it is predicted that some types of strain will not be related to crime, including types that have dominated the research on strain theory.
Abstract: General strain theory (GST) is usually tested by examining the effect of strain on crime. Researchers, however, have little guidance when it comes to selecting among the many hundreds of types of strain and have trouble explaining why only some of them are related to crime. This article builds on GST by describing the characteristics of strainful events and conditions that influence their relationship to crime. Strains are said to be most likely to result in crime when they (1) are seen as unjust, (2) are seen as high in magnitude, (3) are associated with low social control, and (4) create some pressure or incentive to engage in criminal coping. Drawing on these characteristics, it is predicted that some types of strain will not be related to crime, including types that have dominated the research on strain theory, and that others will be related to crime, including types that have been neglected by empirical researchers.
1,346 citations
01 Jan 2013
TL;DR: Value sensitive design as discussed by the authors is a theoretically grounded approach to the design of technology that accounts for human values in a principled and comprehensive manner throughout the design process, which employs an integrative and iterative tripartite methodology, consisting of conceptual, empirical, and technical investigations.
Abstract: Value Sensitive Design is a theoretically grounded approach to the design of technology that accounts for human values in a principled and comprehensive manner throughout the design process. It employs an integrative and iterative tripartite methodology, consisting of conceptual, empirical, and technical investigations. We explicate Value Sensitive Design by drawing on three case studies. The first study concerns information and control of web browser cookies, implicating the value of informed consent. The second study concerns using high-definition plasma displays in an office environment to provide a “window” to the outside world, implicating the values of physical and psychological well-being and privacy in public spaces. The third study concerns an integrated land use, transportation, and environmental simulation system to support public deliberation and debate on major land use and transportation decisions, implicating the values of fairness, accountability, and support for the democratic process, as well as a highly diverse range of values that might be held by different stakeholders, such as environmental sustainability, opportunities for business expansion, or walkable neighborhoods. We conclude with direct and practical suggestions for how to engage in Value Sensitive Design.
1,321 citations
TL;DR: In this article, what is legal pluralism? The Journal of Legal Pluralism and Unofficial Law: Vol. 18, No. 24, pp. 1-55.
Abstract: (1986). What is Legal Pluralism? The Journal of Legal Pluralism and Unofficial Law: Vol. 18, No. 24, pp. 1-55.
1,086 citations
TL;DR: In this article, the authors propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority, which they relate to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism.
Abstract: The recent growth in research on "good governance" and the quality of government institutions has been propelled by empirical findings that show that such institutions may hold the key to understanding economic growth and social welfare in developing and transition countries. We argue, however, that a key issue has not been addressed, namely, what quality of government (QoG) actually means at the conceptual level. Based on analyses of political theory, we propose a more coherent and specific definition of QoG: the impartiality of institutions that exercise government authority. We relate the idea of impartiality to a series of criticisms stemming from the fields of public administration, public choice, multiculturalism, and feminism. To place the theory of impartiality in a larger context, we then contrast its scope and meaning with that of a threefold set of competing concepts of quality of government: democracy, the rule of law, and efficiency/effectiveness.
922 citations