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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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Land Rights and Expropriation in Ethiopia
TL;DR: In this paper, the expropriation laws and practices in Ethiopia were examined and analyzed. But the authors focused on land rights and expropriations in Ethiopia and did not consider the use of expropriated land for agricultural purposes.
Journal ArticleDOI
On the Relevance of Political Philosophy to Business Ethics
TL;DR: The central problems of political philosophy (e.g., legitimate authority, distnbutive justice) mirror the problems of business ethics as discussed by the authors, and the question naturally arises: should political theones be applied to problems in business ethics?
Book ChapterDOI
The Common good
TL;DR: The notion of the common good has been used in political theory for a long time as discussed by the authors, arguing that if the state is forced to track the common goal then it won't dominate its citizens.
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The pragmatics of legal language
TL;DR: This paper explored some of the main pragmatic aspects of communication within the legal context and argued that certain normative considerations that are typically settled in a regular conversational context are unresolved and potentially contentious in the legal case.
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Affirmative Action and the Creation of More Favorable Contexts of Choice
TL;DR: The authors argued that affirmative action is necessary because of its role in combating oppressive educational structures, fostering more favorable social contexts of choice for students, and consequently, their self-determination, which is a crucial underpinning of an education for justice and democracy.
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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.