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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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Individual autonomy,Group Self-determination and the Assimilation of Indigenous Cultures
TL;DR: In this article, the authors point out that these two forms of autonomy may well prove to be antithetical in practice and conclude that if the survival of indigenous communities as distinct cultural enclaves is guided by a policy which aims for autonomy and self-determination, it is difficult to avoid the economic imperative which links self-dependence with a degree of financial self-sufficiency.
Journal Article
Choosing a Legal Theory on Cultural Grounds: An African Case for Legal Positivism
TL;DR: In this article, the authors consider two or more legal theories or philosophies to choose from, and what sort of considerations might induce one to prefer one to the other(s)?
Book ChapterDOI
Self-Harm as Violence: When Victim and Perpetrator Are One
TL;DR: In this article, it is shown that 50% of all deaths due to violence are self-inflicted, with 35% due to homicide and the remainder due to war or some other form of conflict, while not one of the 41 chapters in The Cambridge Handbook of Violent Behaviour and Aggression addresses self-directed violence.
Conservative cause advocacy: The multiple sites of conservative legal ideology
TL;DR: HATCHER et al. as discussed by the authors studied right-wing legal activism as it manifested itself at the end of the twentieth century on behalf of property rights and provided an analysis for the wide range of strategies and activities these activists use in the production of property vii notions in today's United States.
Journal ArticleDOI
Rights and Social Choice: Is There a Paretian Libertarian Paradox?
TL;DR: Sen's Paradox of the Paretian Libertarian as mentioned in this paper has been investigated in the context of social choice theory, and it has been shown that Sen's original theorem fails to establish any conflict between libertarianism and paretianism.
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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.