Journal ArticleDOI
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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The implementation of Papua New Guinea's national goals and directive principles and basic social obligations
TL;DR: In this paper, the authors identify an issue in Papua New Guinea's Constitution with regard to the non-implementation of its National Goals and Directive Principles (NGDP) and Basic Social Obligations (BSO).
Journal ArticleDOI
The Second Wave of Analytical Marxism
TL;DR: The resurgence in Marxism among mainstream contemporary moral and political philosophers over the past decade or so has struck many people as ironic, for this development in academic philosophy has been paralleled by the collapse of so-called existing socialism in Eastern Europe and the former Soviet Union and the almost universal rejection of Marxism as a public philosophy elsewhere.
Journal Article
Depicting the Limits to the SSM’s Supervisory Powers: the Role of the Constitutional Mandates and of Fundamental Rights Protection
TL;DR: In this article, the authors provide a proper theoretical framework for the lawful exercise of both regulatory and supervisory tasks within the Supervisory Structure of the Euro zone (SSM) by providing an overview of the new institutional architecture of banking supervision within the SSM.
Journal ArticleDOI
Immanuel Kant's Theory of Rights
TL;DR: In this paper, the authors argue that the notion of autonomy is contentless and incapable of providing practical political and legal prescriptions without Kant's substantive account of human nature, an account specifying both the proper moral ends that humans should strive for and the anthropological limits of human perfectibility.
Journal ArticleDOI
‘Economic imperialism’ in health care resource allocation – how can equity considerations be incorporated into economic evaluation?
TL;DR: In this article, the authors examine the concomitant assumptions concerning the nature of prioritization decisions and show that these premises are in fact unwarranted, since people chose a certain resource allocation because they perceive it as a fair way to treat the persons concerned, not because it maximizes something valuable.
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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.