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Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
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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 lAbstract:
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 lread more
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Am I my brother’s keeper? Grounding and motivating an ethos of social responsibility in a free society
TL;DR: A free society requires a citizenry that is capable of taking personal responsibility for bettering their lot, and voluntarily promoting and protecting public goods such as education, health, public order, peace, and justice.
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Justice and Democracy: Contractarian theory, deliberative democracy and general agreement
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Three (Potential) Pillars of Transnational Economic Justice: The Bretton Woods Institutions as Guarantors of Global Equal Treatment and Market Completion
TL;DR: In this article, the authors lay out an institutionally enriched account of what a just world economic order will look like, and argue that a fuller empowerment of the World Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice.
Journal ArticleDOI
Liberal Rights Theory and Social Inequality: A Feminist Critique
TL;DR: In this article, the authors identify a number of problems with the way that liberal theorists conceptualize rights and argue that rights can be used to challenge oppressive practices and structures only if they are defined and employed with an awareness and critique of social relations of power.
Journal ArticleDOI
Mismatched attitudes about neonatal death.
TL;DR: Many unwanted pregnancies are intentionally terminated; and an unknown number of livebom infants are neglected, abandoned, or killed before they reach the age of one month.
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Book ChapterDOI
Quality of Government
Jan Teorell,Bo Rothstein +1 more
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.
Journal ArticleDOI
Building on the Foundation of General Strain Theory: Specifying the Types of Strain Most Likely to Lead to Crime and Delinquency:
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.
Book ChapterDOI
Value Sensitive Design and Information Systems
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.
Journal ArticleDOI
What is Legal Pluralism
TL;DR: In this article, what is legal pluralism? The Journal of Legal Pluralism and Unofficial Law: Vol. 18, No. 24, pp. 1-55.
Journal ArticleDOI
What Is Quality of Government? A Theory of Impartial Government Institutions
Bo Rothstein,Jan Teorell +1 more
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.