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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Climate Change, Liberalism, and the Public/Private Distinction
Dale Jamieson,Marcello Di Paola +1 more
TL;DR: In this paper, the authors proposed a method to solve the problem of "uniformity" in the literature.and.and, and, respectively, the authors' work.
Journal ArticleDOI
Transnational Land Deals and Gender Equality: Utilitarian and Human Rights Approaches
TL;DR: This article explored utilitarian and human rights approaches to gender equality in selected policy initiatives on the land deals and found that women's participation as a means of social progress or so-called smart economics was absent or weak in early policy initiatives.
Assessing the democratic value of civil society engagement in the European Union
Abstract: Empfohlene Zitierung / Suggested Citation: Hüller, Thorsten ; Kohler-Koch, Beate: Assessing the democratic value of civil society engagement in the European Union. In: Kohler-Koch, Beate (Ed.) ; Bièvre, Dirk de (Ed.) ; Maloney, William (Ed.) ; Universität Mannheim, Mannheimer Zentrum für Europäische Sozialforschung (MZES) (Ed.): EU-governance to civil society: gains and challenges. Mannheim, 2008 (CONNEX Report Series 05).145-181.. https://nbn-resolving.org/urn:nbn:de:0168ssoar-195319
Posted Content
Judicial Politics in the European Union : Its Impact on National Opportunity Structures for Gender Equality
TL;DR: In this article, the authors investigate the impact of European judicial politics on national modes of governance in the field of gender equality, and conclude that it is necessary to rethink the concepts governing the interaction between law and politics in the complex context of this emerging arena of European public policy.
Journal ArticleDOI
Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination
TL;DR: In this paper, a case study of the interrelationship of rights related to religion and sexuality in societies, in the context of inequality between heterosexual and homosexual persons, is presented.
References
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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.