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Journal ArticleDOI

Taking Rights Seriously

Alan R. White, +1 more
- 01 Oct 1977 - 
- Vol. 27, Iss: 109, pp 379
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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 l
Abstract
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 l

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Book ChapterDOI

Quality of Government

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 Quality of Government? A Theory of Impartial Government Institutions

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.
Journal ArticleDOI

Making and Breaking Social Capital: The Impact of Welfare-State Institutions

TL;DR: In this article, the causal mechanism between variation in the design of welfare-state institutions and social capital is investigated, based on Swedish survey data, and it is shown that the specific design of WSP policies matters for the production of social capital, whereas experiences with needs-testing social programs undermine it.
References
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Journal ArticleDOI

Global poverty, global sacrifices, and natural resource reforms

Shmuel Nili
- 01 Mar 2019 - 
TL;DR: In this article, the authors argue that we should not try to motivate such sacrifices solely through the hope that they will produce significant poverty gains, but instead explore whether the affluent actually have compelling moral claims to the goods that they might be asked to relinquish as part of certain global reforms.
Journal ArticleDOI

Scientific Values and Moral Education in the Teaching of Science

TL;DR: This article argued that the kind of values education that occurs includes "reverse moral education", the idea that moral considerations are at best extra scientific if not simply irrational, and argued that it is wrongheaded.
Journal ArticleDOI

Law and Economics From Different Perspectives

TL;DR: The question of the extent to which one's conception of law or of economics or of the relationship between them is a reflection of his explicit or implicit philosophical outlook is the topic with which as discussed by the authors deal in this article.
Dissertation

Gender discrimination: a philosophical critique of its religious foundation

TL;DR: A Thesis submitted in Partial fulfillment of the requirements for the degree of Master of Arts as mentioned in this paper, The University of Nairobi, Kenya. 1997. The paper was published in the Kenyan Journal of Science and Technology.