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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Posted Content
Constitutionalizing the Harm Principle
TL;DR: In this paper, the authors argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it, and argue that criminalization that is backed up with jail terms provides the only moral and constitutional justification for sending people to jail.
Journal ArticleDOI
The constitutional crisis in Poland, Schmittian questions and Kaczyński’s political and legal philosophy
TL;DR: In 2015, the ruling party of Poland was the pro-European, liberal-conservative and strict fiscal policy-oriented Civic Platform, which lost in both the presidential election and the parliamentary election.
Dissertation
Human Rights and Contracts as Labour Governance: A (Post-)legal Realist Inquiry
TL;DR: In this paper, the authors present a Table of Table of contents of the paper "Acknowledgements and acknowledgements of the authors of this paper: https://www.goprocessor.org/
Journal ArticleDOI
Levinasian Ethics and Legal Obligation
TL;DR: In this paper, the authors discuss the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation and argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories that propose a systematic distinction between legal and moral species of obligation.
Journal ArticleDOI
Four conceptions of linguistic disadvantage
TL;DR: In this article, it is argued that a conception of linguistic disadvantage derived from the capabilities approach is the most promising option available to policymakers. But it is not yet clear whether such a notion can be used to assess the normative significance of a range of linguistic inequalities.
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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.