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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Dissertation
Inclusive housing in Australia : a question of responsibility and distributive justice
TL;DR: In this article, the authors challenged the assumption that the Australian housing industry will voluntarily and independently transform its practices to build inclusive communities, and proposed a theoretical framework for voluntary initiatives, which offers key stakeholders and advocates a way to work towards the provision of inclusive housing as an instrument of distributive justice.
Dissertation
Unjust enrichment and employee overpayments in Western Australia
TL;DR: In this paper, the authors examined how the truck provisions in the Minimum Conditions of Employment Act 1993 (WA) and in the Fair Work Act 2009 (Cth) limit an employer's ability to unilaterally deduct an overpayment from the pay of an employee.
Dissertation
The Impact of Legal Rights to Housing for Homeless People: A Normative Comparison of Scotland and Ireland
TL;DR: A qualitative comparative study of homelessness policy in Scotland and Ireland is presented in this article, where the authors consider the impact of rights-based compared with non-rights-based approaches, across four dimensions: meeting housing needs; juridification; minimising the stigma of homelessness; and empowering homeless households.
Journal ArticleDOI
A DOGMÁTICA JURÍDICA DA "EFETIVAÇÃO DE DIREITOS SOCIAIS E ECONÔMICOS" NO BANCO DOS RÉUS: reflexões metodológicas a partir de uma abordagem contextualista //
TL;DR: The authors surveys some recent contributions on philosophy of language, on contextualist epistemologies, on theory of law and on development studies, to identify the methodological challenges imposed on the discourse building process that engage the scientist of law devoted to the problem of the realization of the social and economic constitutional rights in the Brazilian context, arguing that its meaning depends on the weighing and balancing of methodological principles observed by scientists of other fields.
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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.