Journal ArticleDOI
Taking Rights Seriously
Alan R. White,Ronald Dworkin +1 more
Reads0
Chats0
TLDR
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
Citations
More filters
Book ChapterDOI
The Application of Judicial Intelligence and ‘Rules’ to Systems Supporting Discretionary Judicial Decision-Making
TL;DR: It is argued that judicial decision-making is amenable to modelling through the use of computer technology, but that there is a need to re-model the authors' conception of judicial ‘intelligence’ on which such technology relies.
Dissertation
Critiquing the UK judiciary's response to Article 10 post-HRA : undervaluing the right to freedom of expression?
TL;DR: In this article, the authors argue that the UK judiciary has not developed the Article 10 jurisprudence in a principled manner, i.e., one that fully engages with the established theoretical approaches to freedom of expression.
Journal Article
Premises and Promises of International Law. An Empirical Analysis of Treaty Commitment (1945-2007)
Journal ArticleDOI
The Split-Up Project: Induction, Context and Knowledge Discovery in Law
TL;DR: It is argued that if the domain is bounded, and a sufficient number of commonplace cases exist, then the domain can be modelled using Knowledge Discovery from Databases techniques, and jurisprudential theory is applied to a practical legal domain - namely the distribution of marital property following divorce in Australia.
Journal ArticleDOI
Cognitive biases in moral judgments that affect political behavior
TL;DR: It is concluded that moral judgments are important determinants of citizen behavior, that these judgments are subject to biases and based on moralistic values, and that, therefore, outcomes are probably less good than they could be.
References
More filters
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.