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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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 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.
Journal ArticleDOI
Making and Breaking Social Capital: The Impact of Welfare-State Institutions
Staffan Kumlin,Bo Rothstein +1 more
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.
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Journal ArticleDOI
Maximizing Human Security: A Utilitarian Argument for Humanitarian Intervention
TL;DR: The authors argue that intervention should only take place under the most extreme or severe of human rights, and often assume that it should take place in the most "extreme" or "severe" circumstances.
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Repackaging human rights: on the justification and the function of the right to development
TL;DR: In this article, the authors examine the right to development in the UN Declaration on the Right to Development and argue that it is essentially a derivative right, and ultimately its philosophical justification is dependent on whether or not the legal human rights the realisation of which it seeks to enable can be provided an adequate philosophica.
Journal ArticleDOI
Normativity, Justification,and (MacIntyrean) Practices: Some Thoughts on Methodologyfor the Philosophy of Sport
TL;DR: In this paper, the authors discuss Normativity, Justification, and (MacIntyrean) Practices: Some Thoughts on Methodology for the Philosophy of Sport, and present a collection of essays on the subject.
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Health: Policy or Law? A Population-Based Analysis of the Supreme Court's ACA Cases
TL;DR: It matters for the fate of health policies challenged in court whether courts consider health merely as a policy goal that must be subordinate to law, or as a legal norm warranting legal weight and consideration, according to population-based legal analysis.
Journal ArticleDOI
Making the Sociology of Human Rights More Sociological
TL;DR: In this paper, the authors argue that sociology should be as concerned with the causes of abuse as with the legal and other responses to abuse, and that such an approach should greatly enhance the value added provided by sociology to the study of human rights.